17.05.040: DISTRICT USE MATRIX:

The residential, public and semi-public, commercial, and accessory uses, as well as the bulk requirements for the zoning districts established in chapter 17.04 of this title are designated in the district use matrix set forth herein. A "P" indicates that a use is permitted in the respective zoning district. Permitted uses must conform to the applicable requirements of this title. A "C" indicates that a use is allowed as a conditional use in the respective zoning district. Conditional uses are subject to review and approval under the provisions of chapter 17.11 of this title. An "N" indicates that a use is not allowed in the respective zoning district, except where state or federal law otherwise preempts local land use regulation.

Category

Description

(Excerpt)

Zoning Districts And Subdistricts

RGB

LR-1

LR-2

GR

NB

LB

TN

B

LI

TI

A

SCI-SO

SCI-I

Residential:

Accessory dwelling units (ADU)

N]

P1

N

P1

Co-living dwelling facilities

N

P

N

P

N

Manufactured homes

N

P

N

P

N

Mixed-use buildings

N

P

P2

P

N

P

Multi-family dwellings

N

P

N

P

C

P2

N

Single-family dwellings

N

P

N

P

N

Tiny homes on wheels (THOW)

N

P1

N

P1

Public or semipublic:

Community centers, including peri-urban retreat centers

N

C

P

C

P

C

N

Government offices and public administration; excluding correctional institutions

N

P

N

P

C

N

C

N

C

Healthcare and medical services

N

C

P

N

C

N

Parks and pathways

P

Performing arts centers

N

P

N

P

N

Public utility facilities

N

C

N

C

P

N

C

Religious institutions and places of worship

N

P

C

P

C

N

Schools: primary and secondary schools for children and adolescents ages four through eighteen (4-18) years old

N

P

C

P

C

N

Schools: tertiary schools, including colleges, vocational, and technical trade schools

N

C

P

C

P

C

Semipublic uses

N

C

P

C

P

N

C

N

C

Social services

N

C

P

N

C

Water storage and well facilities

P

Wireless communication facilities (WCF) attached to freestanding towers

N

C3, 4

N

C3, 4

Wireless communication facilities (WCF) attached to street poles or mounted on existing structures

C3, 4

P3, 4

C3, 4

P3, 4

Commercial:

Airport and related uses

N

P

N

Artist studios with associated galleries

N

P

N

P

N

P

Artist studios without associated galleries

N

P

N

C

N

P

Auto dealerships

N

C

P

N

Automobile towing

N

C

N

P

Automotive rental companies

N

P

N

P

M

N

Automotive repair and maintenance

N

C

N

C

P

N

P

Bars

N

C

N

P

N

P5

C6

N

Broadcasting firms, media offices, and related uses

N

P

N

P

N

P

N

Convenience stores less than 1,000 square feet

N

C

P

N

P

N

Daycare centers (13- 18 children)

N

C

P

C

P

N

C

N

Daycare facilities (up to 12 children)

N

C

P

N

C

N

Daycare homes (6 or less children)

N

P

N

C

N

Food preparation for off-site catering, dining, and retail trade; excluding the production of alcoholic beverages

N

C

P

C

P

N

P

Food service

N

C7

C

N

P

N

P5

C7

Gasoline stations

N

C

N

P

N

C8

Guides and outfitter services with no more than 20% of the floor area dedicated to retail sales

N

P9

C9

N

P9

Hardware stores

N

C9

N

P9

N

P9

Health and fitness facilities

N

C

P

C

N

C

N

Home occupations

N

P

N

Hybrid production facilities for edible goods; including breweries, cideries, distilleries, and wineries

N

C

N

C

P

N

P

Landscaping services

N

P9

N

P9

N

P9

Laundry services limited to dry cleaning, mid-scale commercial, and large-scale industrial laundry services; excluding personal services such as self-serve laundromats and small-scale wash-and-fold services

N

P

C

P

Light manufacturing, including the fabrication of building materials and technology

N

P

N

P

Lodging establishments limited to bed and breakfast inns and boarding and rooming houses

N

C

N

P

C

P

N

Lodging establishments limited to hotels and motels

N

P

N

P

N

C

N

Offices

N

C

P

P10

P

P10

P

P10

Parcel delivery terminals

N

C

P

N

P

Parking lots and structures

N

C

N

P

N

P

Peri-urban agriculture

C

N

C

N

Personal services

N

P

N

C

N

Pet boarding

N

C

N

C

N

Pet outpatient and veterinarian services

N

P

N

P

N

Printing and related services

N

P

N

P

Recreation facilities, indoor

N

P

N

Recreation facilities, outdoor

P

N

P

N

P

N

Residential care facilities

N

P

N

Retail trade

N

C9

P9

P10

P9

Skilled construction and industrial trades

N

P9

N

C9

P9

Technological development

N

C

P

N

P

Transportation services

N

P

N

P

N

P

Warehouse and storage facilities

N

P

N

P

Wholesale trade and distributors

N

C9

N

P9

C9

N

P9

Accessory uses:

Agriculture

Apiaries

C

P

N

P

N

Chickens

N

P

N

P

N

Greenhouses

P11

N

Horses, a maximum of two (2) horses per acre on lots with a minium size of 1-acre

N

C

N

Alternative energy systems

Solar energy systems, freestanding and subject to a maximum height of ten feet (10') from record grade

N

P4

Solar energy systems, roof- mounted and subject to five feet (5') above the maximum building height for the applicable district

N

P4

Wind energy systems that are small scale, roof-mounted, or free standing

N

C

N

C

Fuel tanks

N

C12

P12

C12

P12

C12

Garages

N

P

Residential

Accessory dwelling units (ADU)

Reference the Residential category at the beginning of the table.

Tiny Home on Wheels (THOW)

Storage structures, excluding shipping containers

C9, 11

P9, 11

Swimming pools

N

P

C

P

C

N

Temporary structures

Temporary structures for use of no more than 12 months16

C11, 13

C11 , 13

C11, 13

BULK REQUIREMENTS

Category	Description (Excerpt)	RGB	LR-1	LR-2	GR	NB	LB	TN	B	LI	TI	A	SCI-SO	SCI-I
Lot dimensions	Minimum lot size (square feet)	None	8,00014	12,000	6,00014, 15	6,00015	6,00014, 15	6,00014 , 15	014, 15	6,000	-	See note 4	10,890	10,890
Lot dimensions	Minimum lot width (feet)	None	7514	75	5014, 16	5016	5014, 16	5014 , 16	016	60	-	See note 4	-	-
Building height	Maximum building height (feet)	3517	3014, 17	3017	3514, 17	3017	3514, 17	3514	3514, 17	3517	35	See note 4	35	3517
Setbacks	Minimum front yard setback (feet)	20	2514	25	2014, 18	10	2014, 18	2014 , 18	014, 18	10	20	See note 4	10	10
	Minimum side yard setback (feet)	10	1014, 19, 20	1019,2 0	814, 18, 20, 21	1014, 20	1014, 18, 20	1014 , 18, 20	014, 18, 20	1020, 22	1020, 22	See note 4	10	10
	Minimum rear yard setback (feet)	10	1014, 19, 20	1019,2 0	1014, 18, 20	1018, 20	1014, 18, 20	1014 , 18, 20	014, 18, 20	1020, 22	1020, 22	See note 4	10	10
	Riparian (feet)	10023	10023	10023	10023	10023	10023	100 23	10023	10023	10023	See note 4	10023	10023
Multi- family and mixed use density	Mixed use residential density: maximum units per acre	-	-	-	-	15	20	10	202	-	-	See note 4	20	-
Multi- family and mixed use density	Multi-family residential density: maximum units per acre	-	-	-	10	-	20	10	20		-		20	-
Total lot coverage	Total maximum coverage by all structures (percentage)	-	4014	40	4014	-	-14	3014	-	75	75	See note 4	70	70
Maximum floor area	Aggregate gross floor area for individual retail/wholesale trade (square feet)	-	-	-	-	-	36,0 00	-	36,0 00	25,00 0	25,0 00	See note 4	25,000	25,000
Maximum floor area	Aggregate gross floor area for grouped retail/wholesale (square feet)	-	-	-	-	-	36,0 00	-	50,0 00	25,00 0	25,0 00	See note 4	25,000	25,000

Notes:

1. Accessory Dwelling Units (ADUs) and Tiny Homes on Wheels (THOW) are subject to administrative design review and supplementary regulations. See section 17.06 and subsection 17.08D. of this title.

2. Mixed-use buildings and multi-family dwellings incorporating small residential units require a Conditional Use Permit and shall comply with subsection 17.04Q. of this title.

3. The installation of wireless communication facilities requires a wireless permit in accordance with the provisions of subsection 17.08B. of this title.

4. Objects affecting navigable airspace, including solar energy systems and wireless communications facilities located within the Airport Influence Area, are subject to review of the Friedman Memorial Airport Director for compliance with FAA regulations and 14 CFR, chapter 1, subchapter E, part 77.

5. Only within terminals.

6. Only attached to hotel/motel.

7. Drive-through food service not permitted.

8. May be approved through a conditional use permit if the use is in conjunction with a use that is permitted by-right.

9. Unenclosed exterior storage that is greater than fifty square feet (50 sq. ft.) and associated with retail trade, skilled construction and industrial trades, or wholesale trade is permitted in the industrial Zoning Districts only. Such unenclosed exterior storage may include but is not limited to the storage or display of bulky goods, materials, supplies, merchandise, and equipment.

10. The use permitted by this footnote must be accessory to a primary use and contained within the walls of the structure with the primary use.

11. Structures equal to or greater than 120 square feet (120 sq. ft.) in size require a building permit, per subsection 17.07.010H. of this title.

12. The use of fuel tanks containing flammable or combustible liquids, as defined by the International Fire Code (IFC), requires a Flammable & Combustible Storage Tank Permit through the Hailey Fire Department.

13. Temporary structures which have an approved Conditional Use Permit may operate seasonally for multiple years, so long as the size and location of the temporary structure conforms with the approved Conditional Use Permit or conditions thereof.

14. May be subject to additional provisions per the Townsite Overlay (TO) Zoning District. See subsection 17.04M1 of this title.

15. Townhouse sublots should have a maximum aggregate density of ten (10) lots per acre in the GR and TN Zoning Districts, fifteen (15) lots per acre in the NB Zoning District, and twenty (20) lots per acre in the LB and B Zoning Districts.

16. Townhouse sublots shall conform to the standards established in the IFC.

17. For a building with any portion of the building footprint within the Special Flood Hazard Area, building height shall be measured two (2) feet above the base flood elevation (BFE). For buildings located within the Special Flood Hazard Area and the LR Zoning Districts, buildings shall in no instance exceed a building height of thirty-two feet (32') from record grade. For buildings located within the Special Flood Hazard Area, and within the GR Zoning District, buildings shall in no case exceed a building height of thirty-five feet (35') from record grade.

18. In the TO Zoning Districts, townhouse units shall be allowed zero (0) setbacks, with an exception for the setbacks on the property line between two (2) townhouse units. The separation between two (2) townhouse units on separate sublots shall be no less than six (6) feet or the minimum distance required by the IBC and IFC, whichever is greater. The distance between the buildings shall be measured between any wall or any projection of a building-- including, but not limited to, eaves, cornices, canopies, or other similar roof overhang features, pergolas, chimney chases, bay windows, decks, steps, wainscot, and utility meters.

19. The setback from the adjacent property shall be one (1) foot for every two (2) feet of building height for all portions of the building exceeding twenty (20) feet in height, provided, however, no side or rear yard shall be less than ten (10) feet. See the figure in subsection 17.04B.050 of this title.

20. Normal corner and reverse-corner lots are subject to subsections 17.07.010Fand G. of this title.

21. Any wall, as measured from the highest point including any gable or peak in a direct vertical line to record grade, shall have a setback of one foot (1') for every two and one-half feet (2½') of wall height (see subsection 17.04M.090, Diagram 1, of the Hailey Municipal Code), but not less than the base setback for the GR Zoning District. This shall apply to walls on the side yards of properties but shall not apply to sublots within a development.

22. In LI and TI Zoning Districts, the side and rear yard setbacks shall be twenty-five (25) feet where the subject property is located adjacent to the following Zoning Districts: RGB, GR, or TN.

23. Riparian setback. Unless otherwise provided for herein, all permanent buildings and structures shall have a 100-foot-wide riparian setback from the mean high-water mark of the Big Wood River. Removal of live vegetation or excavation within the riparian setback is prohibited, except for any tree that has been recommended for removal by a certified arborist, in writing, because the tree has been found to potentially endanger the resident(s) of the property on which it is located or any member of the public, or has become hazardous to any street, alley or other public right-of-way or public utility, or because the removal of a tree would substantially improve the health of other trees on the property. Pruning of trees and planting of riparian trees, shrubs and ground cover within the riparian setback are allowed, provided however, that all plantings conform to the criteria for evaluation in subsection 17.04J.040B4e of this title. Where the application of the 100-foot riparian setback and other applicable setbacks will result in a building site of 1,000 square feet or less, the riparian setback may be reduced to such an extent that the building site is 1,000 square feet; provided however, the riparian setback shall not be less than fifty (50) feet.

Diagram

(Ord. 1325, 2023; Ord. 1323, 2023; Ord. 1320, 2023; Ord. 1318, 2023; Ord. 1317, 2023; Ord. 1291, 2021; Ord. 1275, 2021; Ord. 1250, 2019; Ord. 1243, 2019; Ord. 1242, 2018; Ord. 1232, 2018; Ord. 1221, 2017; Ord. 1220, 2017; Ord. 1211, 2017; Ord. 1208, 2016; Ord. 1207, 2016; Ord. 1191, 2015)