ORDINANCE NO. 302
AN ORDINANCE AMENDING CHAPTER 4 ZONING DISTRICT REGULATIONS CODE. THIS ORDINANCE REDEFINES THE PERMITTED USES IN R-1, R-2 AND MULTIPURPOSE DISTRICTS AND THE SPECIAL USE IN LAR DISTRICT FOR THE KEEPING OF HORSES AND REMOVES THE KEEPING OF COWS. PROVIDES FOR A PROCESS FOR THE KEEPING OF PIGS, GOATS AND SHEEP AS A SEASONAL SPECIAL USE FOR 4H ANIMALS, WITH PRIOR APPROVAL OF ADJACENT PROPERTY OWNERS AND THE CITY COUNCIL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF WINCHESTER, IDAHO.
SECTION 1. That Section 8-4A-3 be amended to read as follows:
8-4A-3: SPECIAL USES PERMITTED:
The following uses may be authorized by the City Council as special uses in the LAR District:
Churches.
Library.
Nursery for flowers, plants, or trees.
Nursery schools and daycare centers provided there is established and maintained in connection therewith a fenced yard and screened play lot on the premises with a minimum play area of four hundred (400) square feet for each child.
Parks and playgrounds.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public utility and communication facilities.
Two (2) horses may be maintained when the facilities are approved by the City Council and does not cause offensive odors or disturbances to people in the neighborhood.
Property owners may keep one equine per fourteen thousand two hundred (14,200) square feet of exclusive property per animal. Said property cannot contain any residence, garage, or any other outbuilding, except for a stable or other shelter for the animal(s). Fencing must be setback fifteen (15) feet from neighboring property lines. This setback area is included in the fourteen thousand two hundred (14,200) square foot per equine requirement. Manure piles are to be kept at least thirty (30) feet from any neighboring property and removed from the property no less than two (2) times per week to discourage odors, insects, vermin, and other nuisances. All animal feed must be stored in such a way as to discourage vermin.
Property owners may not keep pigs, goats, or sheep, except as seasonal special use for 4H animals, with prior approval of the City Council and owners of adjacent properties.”
Additionally, permitted will be the raising of up to twenty-five (25) poultry, fowl, or rabbits for noncommercial purposes.
If two (2) or more written complaints (from separate individuals neighboring the property) are received by the City Council in any 3-month period, the animal owner/property owner will be asked to remove the animals from the property. The animal owner/property owner may present to the council a written response which will detail the actions taken to correct the matter currently and in the future. This response may include written testimony in support of the animals from neighboring properties residents. The Winchester City Council, at its discretion, may grant or deny that request.
Other uses consistent with section 8-6-3 of this title, and the Comprehensive Plan.
SECTION 2. That Section 8-4B-2 be amended as follows:
8-4B-2: PERMITTED BUILDINGS AND USES:
In an R1 District, the following buildings and uses are permitted, subject to general provisions and exceptions set forth in this article, and regulations set forth in chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be located in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue: The tongue of all mobile homes shall be removed or camouflaged to the extent that it is exposed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to ground level, each home shall install skirting material which is similar material, color, and pattern as the siding of the mobile/manufactured home.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off-street parking.
Keeping of one cow or equine per fourteen thousand two hundred (14,200) square feet (keeping of pigs, goats, and sheep will not be permitted in this district), Property owners may keep one equine per fourteen thousand two hundred (14,200) square feet of exclusive property per animal. Said property cannot contain any residence, garage, or any other outbuilding, except for a stable or other shelter for the animal(s). Fencing must be setback fifteen (15) feet from neighboring property lines. This setback area is included in the fourteen thousand two hundred (14,200) square foot per equine requirement. Manure piles are to be kept at least thirty (30) feet from any neighboring property and removed from the property no less than two (2) times per week to discourage odors, insects, vermin, and other nuisances. All animal feed must be stored in such a way as to discourage vermin.
Equine that are kept on leased or rented property must have a written approval letter from the landowner. Such approval letter should refer to/include the regulations set forth in the City Code.
If two (2) or more written complaints (from separate individuals neighboring the property) are received by the City Council in any 3-month period, the animal owner/property owner will be asked to remove the animals from the property. The animal owner/property owner may present to the council a written response which will detail the actions taken to correct the matter currently and in the future. This response may include written testimony in support of the animals from neighboring properties residents. The Winchester City Council, at its discretion, may grant or deny that request.
One-family detached dwelling structures.
Renting of rooms for lodging purposes only and not more than two (2) rooms are to be permitted per dwelling.
Subsistence or hobby-type gardening and horticultural activities: Also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwellings (duplexes).
SECTION 3. That Section 8-4C-2 of the City of Winchester, Idaho Code be and the same is hereby amended to read as follows:
8-4C-2: PERMITTED BUILDINGS AND USES:
In an R2 District, the following uses are permitted, subject to the general provisions set forth in this article, and the regulations set forth in chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be located in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue: The tongue of all mobile homes shall be removed or camouflaged to the extent that it is exposed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to ground level, each home shall install skirting material which is similar material, color, and pattern as the siding of the mobile/manufactured home.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off-street parking.
Keeping of one cow or equine per fourteen thousand two hundred (14,200) square feet (keeping of pigs, goats, and sheep will not be permitted in this district). Property owners may keep one equine per fourteen thousand two hundred (14,200) square feet of exclusive property per animal. Said property cannot contain any residence, garage, or any other outbuilding, except for a stable or other shelter for the animal(s). Fencing must be setback fifteen (15) feet from neighboring property lines. This setback area is included in the fourteen thousand two hundred (14,200) square foot per equine requirement. Manure piles are to be kept at least thirty (30) feet from any neighboring property and removed from the property no less than two (2) times per week to discourage odors, insects, vermin, and other nuisances. All animal feed must be stored in such a way as to discourage vermin.
Property owners may not keep pigs, goats, or sheep, except as seasonal special use for 4H animals, with prior approval of the City Council and owners of adjacent properties.”
Additionally permitted will be the raising of up to twenty-five (25) poultry, fowl, or rabbits for noncommercial purposes.
Equine that are kept on leased or rented property must have a written approval letter from the landowner. Such approval letter should refer to/include the regulations set forth in the City Code.
If two (2) or more written complaints (from separate individuals neighboring the property) are received by the City Council in any 3-month period, the animal owner/property owner will be asked to remove the animals from the property. The animal owner/property owner may present to the council a written response which will detail the actions taken to correct the matter currently and in the future. This response may include written testimony in support of the animals from neighboring properties residents. The Winchester City Council, at its discretion, may grant or deny that request.
Multiple dwelling structures or groups of structures, including triplex and four-plex dwelling structures and multiple apartments in which units are rented on a permanent basis. Exception: Not including motel or other facilities offered on a transient tenancy basis.
One-family detached dwelling structures.
Renting of rooms for lodging purposes only and not more than two (2) rooms are to be permitted per dwelling.
Subsistence or hobby-type gardening and horticultural activities; also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwellings (duplexes). (Ord. 275, 4-2-2015)
SECTION 4. That Section 8-4E-2 of the City of Winchester code be and the same is hereby amended to read as follows:
8-4E-2: PERMITTED BUILDINGS AND USES:
In an MP District, the following uses are permitted, subject to the general provisions set forth in this article, and the regulations set forth in chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Churches and other religious or charitable organizations.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue: The tongue of all mobile homes shall be removed or camouflaged to the extent that it is exposed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to ground level, each home shall install skirting material which is of similar material, color, and pattern as the siding of the mobile/manufactured home.
Franchised and public utility and communication facilities.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off-street parking.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities.
A. Site development shall include adequate off-street parking for visitors, employees, loading, and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet for each bed in the facility (or ratio required by Idaho Code, whichever is more restrictive).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Keeping of one cow or equine per fourteen thousand two hundred (14,200) square feet (keeping of pigs, goats and sheep will not be permitted in this district) Property owners may keep one equine per fourteen thousand two hundred (14,200) square feet of exclusive property per animal. Said property cannot contain any residence, garage, or any other outbuilding, except for a stable or other shelter for the animal(s). Fencing must be setback fifteen (15) feet from neighboring property lines. This setback area is included in the fourteen thousand two hundred (14,200) square foot per equine requirement. Manure piles are to be kept at least thirty (30) feet from any neighboring property and removed from the property no less than two (2) times per week to discourage odors, insects, vermin, and other nuisances. All animal feed must be stored in such a way as to discourage vermin.
Property owners may not keep pigs, goats, or sheep, except as seasonal special use for 4H animals, with prior approval of the City Council and owners of adjacent properties.
Additionally permitted will be the raising of up to twenty-five (25) poultry, fowl, or rabbits for noncommercial purposes.
Equine that are kept on leased or rented property must have a written approval letter from the landowner. Such approval letter should refer to/include the regulations set forth in the City Code.
If two (2) or more written complaints (from separate individuals neighboring the property) are received by the City Council in any 3-month period, the animal owner/property owner will be asked to remove the animals from the property. The animal owner/property owner may present to the council a written response which will detail the actions taken to correct the matter currently and in the future. This response may include written testimony in support of the animals from neighboring properties residents. The Winchester City Council, at its discretion, may grant or deny that request.
Multiple dwelling structures or groups of structures, including triplex and four-plex dwelling structures and multiple apartments in which units are rented on a permanent basis. Exception: Not including motel or other facilities offered on a transient tenancy basis.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
One-family detached dwelling structures.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purpose shall be at least fifty feet (50') from any adjoining residentially zoned lot.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public, private, and parochial schools provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary school students.
RV parks: Must comply with title 7, chapter 6 of this Code and subsection 8-5-3C of this title, as amended.
Railroad right-of-way, but no yard or other similar facility.
Renting of rooms for lodging purposes only and not more than two (2) rooms shall be permitted per dwelling.
Subsistence or hobby-type gardening and horticultural activities. Also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwellings (duplexes).
Other uses consistent with section 8-6-3 of this title, and the Comprehensive Plan.
SECTION 5. That this ordinance shall take effect and be in full force and effect from and after its passage, approval, and publication in one issue of the Lewis County Herald, a newspaper having general circulation within the City, and being the official newspaper thereof.
PASSED under suspension of the rules and regulations of this City Council upon which proper roll call votes were taken and duly enacted an Ordinance of this City at a regular meeting of the Mayor and City Council of Winchester, Idaho held on the _____ day of ________________, 20______.
________________________________ ___________________________________
LeAnn J Trautman, City Clerk Miriam J Youngren, Mayor
SUMMARY ORDINANCE NO. 302
AN ORDINANCE AMENDING WINCHESTER CITY CODE, CHAPTER 4 ZONING DISTRICTS REGULATIONS BY REDEFINING THE KEEPING OF EQUINE AND COWS WITHIN THE CITY LIMITS, AND SETTING RULES FOR SPACE AND MAINTENANCE OF EQUINE. THIS AMENDMENT ALSO ESTABLISHES A METHOD FOR THE KEEPING OF PIGS, SHEEP AND GOATS SEASONALLY FOR 4 H ANIMALS. The ordinance provides an effective date of the first day of the month following this publication.
The full test of this ordinance is filed in the office of the City Clerk and is available for inspection and/or copying during normal business hours.
Dated this 5th day of January , 2023.
__/s/ LeAnn J Trautman____
LeAnn J Trautman, City Clerk
CITY ATTORNEY’S CERTIFICATION OF SUMMARY
The undersigned, being duly appointed and acting City Attorney for the City of Winchester, Idaho, hereby certifies that he has examined the above ordinance summary prepared for publication and certifies that in his opinion summary is true, complete and provides adequate notice to the public of the contents of the ordinance described therein.
Dated this _____ day of ____________, 20_____.
___________________________________
Andrew Pluskal, City Attorney
City of Winchester, Idaho