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Accessory dwelling units (ADUs), as defined in section 9-1-10 of this title, shall be a permitted use in all zones within the county subject to the following conditions:
A. Water And Sewer: The ADU must meet all requirements of Idaho Central District Health with respect to the provision of individual potable water and sewage disposal facilities, or have a permit from an approved central sewage treatment facility. Issuance of a permit for the ADU must not adversely impact others within the neighborhood from obtaining a permit for septic, sewer, or well if the neighbor has not constructed their first residence on their neighboring lot.
B. Square Footage: The square footage of the ADU may not exceed the lesser of one thousand (1,000) square feet or fifty percent (50%) of the square footage of the primary structure, excluding open storage areas, garages, and carports.
C. Setback Requirements: The ADU may be attached to the primary structure, the garage, or be freestanding, and shall be subject to the same setback requirements as the primary structure.
D. Parking Space: The ADU must be provided with at least one parking space. Parking will not be allowed in a public right-of-way or in the required setbacks.
E. Design Elements: The ADU must utilize design elements of the primary structure in order to maintain consistency and clearly signify its subordinate relationship to the primary structure. These elements may include roof pitch, siding, structure shape and placement, etc. The exterior appearance of the structure must be compatible with the primary structure. The administrator shall determine whether this condition has been satisfied. The property owner shall be responsible to provide adequate information with the building permit submittal to determine if design elements satisfy requirements.
F. Use As Bed And Breakfast: The ADU cannot be used as a commercial or bed and breakfast use without a conditional use permit. Sleeping quarters only are not considered ADUs.
G. Use As Long-term Rental Property: If used as a permitted residential rental property, an ADU must be rented for a minimum of more than thirty (30) days (not as a weekly or daily rental).
H. Use as a Short-term Rental Property: If the ADU changes from a long term rental to a short term rental or constructed with the intent of being a short-term rental property of thirty (30) days or less then a conditional use permit will be required and must be in compliance with the rules of the state tax commission under Chapter 36, Title 63, Idaho Code.
I. Occupation By Owner Required: ADUs are permitted only when one of the primary structures on the property is owner-occupied. Owner-occupied structure does not need to be the primary residence. Ownership cannot be fractional or timeshare ownerships.
J. Notice To Adjacent Property Owners; Objections: The administrator shall notify property owners within three hundred feet (300') of the property boundaries.
1. Objections to the application must be written and received by the Planning and Zoning Administrator within ten (10) working days. Objections must give specific grounds and facts upon which the objection is based. If the Planning and Zoning Administrator determines that objections are sufficient to warrant a conditional use permit, the applicant shall be notified promptly that a conditional use permit is required.
2. If there are no objections within ten (10) working days, the accessory dwelling unit will be issued an administrative permit and be a permitted use. Fees for ADU permits may be adopted by Resolution of the Board of County Commissioners.
K. The ADU permit will be a condition of the building permit. (Ord. 10-06, 8-23-2010; amd. Ord. 20-05, - -2020)
TABLE 4-A
STANDARDS FOR PERMITTED USES
STANDARDS FOR PERMITTED USES
Building Setbacks (feet) | Maximum Percent Lot Cover | Minimum Street Frontage | Maximum Building Height | Minimum Parking Spaces | |||||
Use Description | Front | Side | S. Str. | Rear | Minimum Lot Area Acres | ||||
Building Setbacks (feet) | Maximum Percent Lot Cover | Minimum Street Frontage | Maximum Building Height | Minimum Parking Spaces | |||||
Use Description | Front | Side | S. Str. | Rear | Minimum Lot Area Acres | ||||
Agricultural Uses: | |||||||||
Accessory structures | 20 | 15 | 20 | 20 | 5 | 165 | 60 | ||
Crop cultivation and harvesting | 5 | ||||||||
Irrigation, drainage and water management | 5 | ||||||||
Land conservation or clearing | 5 | ||||||||
Livestock husbandry | 20 | 15 | 20 | 20 | 5 | 60 | |||
Plant husbandry | 20 | 15 | 20 | 20 | 5 | 60 | |||
Storage of equipment and products | 5 | ||||||||
Warehousing of equipment and products | 20 | 15 | 20 | 20 | 5 | 60 | |||
Civic Or Community Service: | |||||||||
Fraternal or government administration buildings | 50 | 30 | 50 | 50 | var. | 45 | 100 | 45 | 1/250 square foot floor area |
Public utilities | 50 | 30 | 50 | 50 | var. | 45 | 100 | 45 | 1/250 square foot floor area |
Public recreation | 50 | 30 | 50 | 50 | 5 | 20 | 165 | 45 | 1/unit or 4 occup. |
Religious, educational and rehabilitation | 50 | 30 | 50 | 50 | var. | 45 | 100 | 45 | 1/4 auditorium seats; 2/classroom; 1/bed |
Commercial Uses: | |||||||||
Residential business | 30 | 10 | 30 | 30 | 1 | 35 | 30 | 35 | 2 |
Industrial Uses: | |||||||||
Light industry | 50 | 30 | 50 | 50 | 35 | 165 | 45 | 1/employee | |
Private Recreational Uses (table 3-A, items 4a - 4l, in section 9-3-1 of this title) | 50 | 30 | 50 | 50 | 45 | ||||
Residential Uses | 20 | 7.5 | 20 | 20 | var. | 35 | 30 | 35 | |
Temporary Uses | 30 | 10 | 30 | 30 | |||||
(Ord. 10-06, 8-23-2010)
Purpose: This ordinance is being adopted to promote compatible uses in neighborhoods by limiting the number of RV’s while still acknowledging private property rights.
Recreational Vehicle Campgrounds (RVC), as defined in section 9-1-10 of this title, shall be a permitted use in all zones within the county subject to the following conditions:
A. Standards for Recreation Vehicle Campground:
1. Number of Units: One RV unit is allowed without a permit. Two or three units that are kept on-site for more than an occasional weekend will require an administrative permit with a fee as adopted by resolution. More than three units will require a conditional use permit.
2. Water, Sewer, and Garbage:
a. The RVC must meet all requirements of the Idaho Central District Health (CDH) with respect to the provision of individual potable water and sewage disposal facilities, portable holding tanks, or have a permit from an approved central sewage treatment facility.
b. The RVC must meet all requirements of CDH for the disposal of gray water.
c. The RVC must meet all requirements of CDH for porta potties. They will not be allowed if a sewer system is available and the porta potty cannot be located in an area that will adversely affect neighbors.
d. The RVC must contract for garbage pickup with the local provider and submit proof of service with the application or agree to haul the garbage to the Valley County Materials Recovery Facility or to their primary residence outside Valley County.
3. Setback Requirements: The RV and any other structures over three (3) feet in height shall be subject to single family residential setback requirements, including porta potties.
4. Parking Space: Parking of vehicles shall not be in a road right-of-way or in a setback area.
5. Use As a Rental Property: If any of the property is used as a rental unit or rental property, a conditional use permit shall be required and will be considered an RV Park.
6. Occupation By Owner Required: RVCs are permitted only when one of the RV units on the property is owner-occupied, which includes immediate family members. Ownership cannot be fractional or timeshare ownerships.
7. Lighting: Must comply with Valley County Lighting Ordinance (VCC 6-2)
8. Camp Fire Management: All campfires must be in a safe and well-maintained fire pit. All fire must be attended at all times and fully extinguished when not. A fire extinguisher and/or water hose along with a shovel must be accessible.
9. Lot Coverage: All structures, parking lots, fire pits, and impervious areas cannot cover more than 35% of the lot.
B. RVC Administrative Permit Process:
1. Application package shall be submitted to the Valley County Planning and Zoning Administrator with the appropriate fee as adopted by resolution.
2. Application package shall include the following:
a. Completed Valley County application form.
b. Site plan showing location of RV, structures, parking, lighting, fire pits, etc.
c. Central District Health approval for a septic system, will serve from sewer district, or agreement that only self-contained units will be used and dumped at approved sites.
d. Fire protection plan.
e. Garbage pick-up agreement.
f. Contact number.
C. Notice To Adjacent Property Owners; Objections: The administrator shall notify property owners within three hundred feet (300') of the property boundaries and active Home Owner Associations.
1. Objections to the application must be written and received by the Planning and Zoning Administrator within ten (10) working days. Objections must give specific grounds and facts upon which the objection is based. If the Planning and Zoning Administrator determines that objections are sufficient to warrant a conditional use permit, the applicant shall be notified promptly that a conditional use permit is required.
2. If there are no objections within ten (10) working days, the RVC will be issued an administrative permit and be a permitted use. Fees for RVC permits may be adopted by Resolution of the Board of County Commissioners.
D. Shall be enforced in accordance with VCC 9-2. (Ord. 20-06, - -2020)
Purpose: This ordinance shall be called the “Short-term Rental Ordinance”. The purpose of the Short-term Rental Ordinance is to implement reasonable regulations to safeguard the public health, safety and general welfare in order to protect the integrity of residential neighborhoods in Valley County, Idaho, as allowed by IC 67-6539.
Short-term Rental (STR), as defined in section 9-1-10 of this title, shall obtain an administrative permit and shall be a permitted use in all zones within the county subject to the following conditions and standards listed in this section (VCC 9-4-10). At no time shall an existing STR be considered a “grandfathered” use.
A. STR Conditions and Standards:
1. Number of Units: One STR unit is allowed on a parcel with an administrative permit, along with a fee as adopted by resolution that meets the requirements described in this section. More than one STR or more than one residential use on a parcel will require a conditional use permit in accordance with chapter 5 of this title (VCC 9-5).
2. Water, Sewer, and Garbage:
a. The STR must meet all requirements of Idaho Central District Health (CDH) with respect to the provision of individual potable water (approved water system) and sewage disposal facilities or have a permit from an approved central sewage treatment facility.
(1) The number of occupants cannot exceed the allowable limits of the septic system as approved by Central District Health.
(2) An Accessory Use Authorization or septic permit from Central District Health identifying the maximum occupancy of the STR based on the size of the septic system shall be required. Maximum occupancy shall not be exceeded.
b. The STR cannot be serviced by porta potties for any portion of the approval including overflow in the number of occupants.
c. The STR must contract for garbage pickup with the local provider, unless in a multi-family complex or have provided for other arrangements as stated in the application package in (2-f).
3. Parking: Parking of vehicles shall not be in a road right-of-way or in a setback area. The parking areas must be clearly defined so that there is not haphazard parking over landscaped areas.
4. The STR may be used for residential purposes only. It cannot be used as a wedding venue, corporate retreat, seminars, team-building events, or other use that requires a conditional use permit in Table 1A.
5. On-site Lighting: Must comply with Valley County Lighting Ordinance (VCC 6-2)
6. Camp Fire Management: All campfires must be in an approved fire pit as determined by the Fire Department. A fire extinguisher and/or water hose must be accessible. Fire pits shall comply with all setbacks. Consideration should be given to smoke impacting neighbors.
7. Safety Monitors and Information: Each STR shall have smoke detectors, carbon monoxide detectors, liquified petroleum detector, etc. for the occupancy type on the property.
8. Outdoor amplified sound, other than household speakers, shall not be allowed at any time.
9. Occupancy: There shall be no associated RV’s or tents used to supplement the maximum occupancy. It will be limited to legal bedrooms with proper egress windows or Central District Health limitations. At no time shall occupancy exceed 4 people/bedroom up to a maximum of 12 people unless a conditional use permit is obtained.
10. Lot Coverage: All structures, parking lots, fire pits, parking areas, and impervious areas cannot cover more than 35% of the lot, unless in a multi-family complex.
11. Outbuildings are allowed, but shall not be used for sleeping or any human habitation.
12. Posting of Rules On-site: Rules covering regulations within this section and emergency contact numbers shall be posted on-site, including an emergency exit plan.
B. STR Administrative Permit Process:
1. Application package shall be submitted to the Valley County Planning and Zoning Administrator with the appropriate fee as adopted by resolution.
2. Application package shall include the following:
a. Completed Valley County application form.
b. Site plan showing structures, parking, lighting, fire pits, etc.
c. Operation Plan that includes Compliance with Tax Requirements: Shall submit with the application proof of compliance with payment of sales tax through the STR marketplace or provide the Employee Identification Number for the self-managed STR. Sales tax paid will need to be in accordance with Idaho State Code, Chapter 36, Title 63.
d. Central District Health approval showing maximum occupancy.
e. Local Contact Phone Number and E-mail Address (if possible).
f. Rules that will be posted on-site including fire exist plan.
g. Garbage pick-up agreement.
h. Declaration as to whether this is a part-time STR or a full-time STR. If part-time, number of months it will be used as a rental.
3. Notice To Adjacent Property Owners: The administrator shall notify property owners within three hundred feet (300') and/or active home owner’s association upon issuance of the administrative permit.
4. Property manager or owner shall file an annual report with the fee as adopted by resolution, as follows:
a. Due date (renewal date) is the date of the issuance of the permit each year.
b. Shall show compliance with all requirements of original permit.
c. State intent for the current upcoming year.
d. List any changes that were made to operations and/or facilities. If changes are made to the structure, use, number of occupants, etc., a new permit will be required with the updated information.
e. Shall be revoked if not submitted within 30 days of the renewal date.
5. Staff can inspect the interior and exterior of the STR if neighbor complaints are received or there is reason to believe the structure has been modified to accommodate a greater occupancy than allowed.
C. Failure to obtain an Administrative Permit for an STR or violation of the Administrative Permit shall be cause for revocation of the permit and shall be subject to the following:
1. Infraction citation that will be issued by the Valley County Sheriff.
3. Costs of enforcement may be applied. (Ord. 20-10, - -2020)