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A. Short Title: This title shall be known as, and may be cited and referred to as the KENDRICK COMPREHENSIVE ZONING ORDINANCE in accordance with and exercising the authority of Idaho Code section 67-6501 et seq.
B. Purpose: The purpose of this title shall be to:
1. Provide for the establishment of use zones and for restrictions in these zones;
2. Provide for specific definitions, and to establish size, yard, and setback requirements and that existing agreements and construction shall not be affected;
3. Provide regulations for a building permit, for a variance, for a special use permit, and an application process for a zoning change;
4. Provide for a penalty in cases where this title is violated. (Ord. 749, 5-18-2015)
Words not defined herein shall be given the meaning ordinarily applied to such words as used in zoning laws.
ACCESSORY USE OR BUILDING: A subordinate use or building customarily incident to and located upon the same lot occupied by the main building or utilized for the main purpose. Includes private garages, sheds for tools, fuel, accessory to and used in connection with the residence buildings or other buildings allowed in said zone. May not exceed the size or height of the primary building.
ALLEY: A street or way shown on the official plat of the city or its additions and designated thereon as an alley.
APARTMENT HOUSE OR BUILDING: A building or portion thereof designed, used or intended to be used as the home of three (3) or more families or households living independently of each other.
BUILDING PERMIT: An official certificate of permission issued by local authorities to construct, enlarge, or alter a building.
CONDITIONAL USE PERMIT: See definition of Special Use Permits.
DUPLEX: A building arranged or designed to be occupied by two (2) families.
ESTABLISHED GRADE: The sidewalk line grade at the front lot line as established by the city council or as given and established by a technical person under the direction of the council.
FAMILY: Any number of individuals living together as a single housekeeping unit.
FRONT PROPERTY LINE: The front property line shall be the front lot line as shown upon the official plat of the property in question.
FRONT YARD OR SETBACK: Any open unoccupied space between the front line of the building (exclusive of steps) and the front property line. On corner lots, the front setback shall be required on both sides facing the street.
HEIGHT OF BUILDING: The height of a building is the vertical distance at the center of a building's principal front measured from the established grade to the highest point of the roof, beams or, in case of a flat roof, to the deck line or mansard or to the center height between eaves and ridges for gable, hip or gambrel roofline. The height may be measured from the average elevation of the finished grade along the front of the building.
HOME OCCUPATION: Offices of professional persons and customary home businesses; must be carried on in a part of the residence building, and occupy not more than fifty percent (50%) of such residence building. No more than one employee who does not live on the premises will be allowed. Additional parking for employees and patrons will be required.
ISOLATED PRIVATE GARAGE: Private garage for use of occupants of a building or buildings on the same premises, built upon lots isolated or detached from the dwelling or apartment house.
LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have a minimum of fifty feet (50') frontage on an improved public street. Minimum residential lot size for construction shall be five thousand (5,000) square feet. New construction that does not meet minimum standards shall require approval utilizing the variance application procedure.
PUBLIC GARAGES: Any premises used for the storage or use of more than three (3) motor vehicles, or where such vehicles are repaired, or kept for hire, use or sale.
REAR YARD OR SETBACK: An open unoccupied space between the rear line of the building and the rear line of the lot.
SIDE YARD OR SETBACK: An open unoccupied space between the side wall line of the building and the side lot lines of the lot.
SINGLE-FAMILY DWELLING: A building arranged or designed to be occupied by not more than one family.
SPECIAL USE PERMITS: A procedure and permit for a proposed use which is conditionally permitted by this title. This is also commonly referred to as a conditional use permit. Such uses (after public hearing) may be permitted, permitted with conditions, or denied. A special use permit cannot be used to change zoning.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the surface between such floor and the ceiling next above.
USE: The nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.
VARIANCE: A variance allows a property to be used in a manner that does not comply with the literal requirements of the zoning ordinance. Variances are only typically granted for physical nonconformities such as size, yard, and setback requirements. Variances may be pursued through the variance request process. A variance cannot be used to change use.
ZONING CHANGE: Reclassification of an area from one zoning district to another, provided that the new zoning district exists in the city of Kendrick zoning ordinance. A zoning ordinance change may be pursued through the application for zone change. (Ord. 749, 5-18-2015)
In interpreting and applying the provisions of this title, the provisions hereof shall be held to be the minimum requirements adopted by the city council for the promotion of the health, safety, morals, comfort and convenience of the residents of the city and to promote the general welfare. (Ord. 749, 5-18-2015)
The mayor and city council hereby declare that it is their intention that this title does not repeal any existing ordinance in regard to building regulations, fire limits or sanitation. In the event of a conflict between this title and federal or state law, then the applicable federal or state law shall take precedence over the conflicting sections of this title. (Ord. 749, 5-18-2015)