8-1: TITLE, INTERPRETATION AND ENACTMENT:
8-1-1: TITLE:
This title shall be known and may be cited as the MINIDOKA ZONING CODE. (Ord. 2026-12, 1 Sep 2026)
8-1-2: AUTHORITY:
This zoning ordinance is adopted pursuant to authority granted by title 67, chapter 65 of the Idaho Code of article 12, section 2 of the Idaho constitution, as amended or subsequently codified. (Ord. 2026-12, 1 Sep 2026)
8-1-3: PROVISIONS OF THIS TITLE DECLARED TO BE MINIMUM REQUIREMENTS:
In their interpretation and application, the provisions of this title shall be held to minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this title conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the highest standards shall govern. (Ord. 2026-12, 1 Sep 2026)
8-1-4: COMBINING OF PERMITS:
The council is hereby required to coordinate with other departments and agencies concerning all permits, which may be required in this title and previously or subsequently adopted city ordinances. A one stop permit application and processing procedure may be developed with the respective departments and agencies for the purpose of reducing errors, misunderstanding, confusion and unnecessary delay for everyone involved. (Ord. 2026-12, 1 Sep 2026)
8-1-5: SEPARABILITY CLAUSE:
Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the title as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 2026-12, 1 Sep 2026)
8-2: DEFINITIONS OF TERMS:
8-2-1: GENERAL TERMS:
For the purpose of this title, certain terms, phrases, or words used herein shall be defined and interpreted as set out in this chapter. Where terms, phrases, or words are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s “Third New International Dictionary Of The English Language” shall be considered as providing ordinary accepted meanings. For the purpose of this title, certain terms, phrases, or words used herein shall be defined as follows:
A. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual;
B. The present tense includes the future tense, the singular numbers include the plural and the plural numbers include the singular;
C. The words “shall” and “must” are always mandatory requirements, the word “may” is a permissive requirement and the word “should” is a preferred requirement.
D. The words “used” or “occupied” include the words “intended, designed or arranged to be used or occupied”;
E. The word “lot” includes the words “plot”, “parcel” and “tract”;
F. The term “erected” means “constructed”, “altered”, “moved”, or “repaired”;
G. The terms “administrator” or “administration” are synonymous with the term “Mayor or the Mayor’s designee”;
H. The term “mayor and city council” is synonymous with the term “city council”.
I. The masculine shall include the feminine. (Ord. 2026-12, 1 Sep 2026)
8-2-2: DEFINITIONS:
The following definitions shall apply to words and terms used in this title:
ACCESS EASEMENT: A limited use easement across one or more adjacent properties to allow occasional vehicular access to otherwise inaccessible areas by either property owner at any time.
ACCESSORY USE: The use of land, secondary building or part thereof, on a portion of the main building such as being accessory to or incidental to the principal use of the premises wherein accessory uses are authorized uses, which do not require a permit.
ACCESSORY USE OR STRUCTURE: A use, building or structure that is customarily incidental and subordinate to the principal or approved conditional use or building, and is conducted or located upon the same lot.
ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who is appointed by the city to administer this title. The building official may be the administrator if duly appointed.
AFFECTED PERSON 1 : One having an interest in real property, which may be adversely affected by the issuance or denial of a permit.
AGRICULTURAL LAND, PRIME: Land which is particularly well suited to agricultural proposes due to characteristics which shall include soil type and depth, the absence of surface groundwater or marshy areas, access to an existing irrigation system and with slope less than five percent (5%).
AGRICULTURAL SERVICE ESTABLISHMENT: An establishment primarily engaged in performing animal husbandry or horticultural services, including agricultural milling and processing, harvesting, agricultural land preparation, irrigation and farm equipment sales and service, veterinary services, boarding and training of horses, and agricultural produce stands.
AGRICULTURE: The use of land for farming, horticulture, floriculture, forestry, fisheries, viticulture, raising crops, livestock, and animal and poultry husbandry including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, fertilizer works, and boneyards. Incidental retailing of goods and products raised on the premises shall also be considered as being with this definition.
AIRPORT: Any runway, land area or other facility designed or used whether publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.
ALLEY: Any public space or thoroughfare, which has been dedicated or deeded to the public use and which provides a secondary public means of access to abutting properties.
ALTERNATIVE SUPPORT STRUCTURE: Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.
ANIMAL CLINIC, ANIMAL HOSPITAL OR VETERINARY OFFICE: Any building or portion thereof designed or used for the care or treatment of cats, dogs, sheep, cattle, and horses or other animals in which veterinary services are performed including clipping, bathing, boarding, and other services rendered to such animals and pets.
ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
ANTENNA, BUILDING MOUNTED: Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.
ANTENNA, GROUND MOUNTED: Any antenna with its base placed directly on the ground.
ANTENNA, UTILITY POLE MOUNTED: An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, streetlight, traffic signal, athletic field light, utility support structure or other similar structure approved by the city.
APARTMENT: A room or suite of rooms in a multiple-family structure or multiple purpose structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed.
APARTMENT HOUSE OR MULTI-FAMILY USE: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as a home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
APPLICANT: A person or legal entity seeking approvals or permits pursuant to this title which has an ownership or other vested interest in real property of a nature sufficient to control the use to which is proposed in the applications for said real property.
AREA OF CITY IMPACT: The unincorporated land surrounding the city limits of the city of Minidoka as established by ordinance and any amendments thereto, as mutually agreed upon with Minidoka County in conformance with the laws of the state of Idaho.
AREA, PRIVATE PARKING: An open, graded or paved area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles or motor vehicles of occupants of the buildings for which the parking area is developed.
AREA, PUBLIC PARKING: An open area, other than a street or alley, used for the temporary parking of automobiles or other transportation and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
ASSISTED OR RESIDENTIAL LIVING FACILITY: A facility however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more elderly, developmentally disabled, physically disabled and/or mentally ill adults not related to the owner.
AUTOMOBILE AND TRAILER SALES AREA: An open area used for the display, sale or rental of new or used motor vehicles or new or used trailers and where no repair work is done and on which all motor vehicles are capable of operation with their own power at all times.
AUTOMOBILE, MOTOR VEHICLE OR EQUIPMENT REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment or parts thereof, including collision, service, painting and steam cleaning of vehicles.
AUTOMOBILE SALVAGE YARD: Any area, lot, land, or parcel, excluding farm equipment in agricultural zones or when located within a completely enclosed building, whereon more than two (2) motor vehicles without current registration, or where more than two (2) motor vehicles inoperable or dismantled motor vehicles, or any combination of more than two (2) unregistered, inoperable or dismantled motor vehicles, not in operating condition are standing more than thirty (30) days, or on which such used motor vehicles or parts thereof, are dismantled or stored. For purposes of this definition, the term “inoperable” means the motor vehicle cannot move under its own power or does not meet minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roads and highways in the state of Idaho as set forth in the Idaho motor vehicle laws of the state of Idaho.
BASEMENT: The portion of a structure all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFAST: See definition of Boarding House.
BICYCLE PATH: A public way or land designed for use of nonmotorized vehicles or pedestrians and so designated.
BILLBOARD: Any sign exceeding thirty two (32) square feet in size upon which advertising matter is posted and/or pasted thereon.
BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.
BOARD: The board of county commissioners of Minidoka County, Idaho. BOARDING HOUSE (Including Bed And Breakfast And Lodging Or Rooming Houses): Any building or portion thereof, other than a hotel or motel, where lodging and meals are provided for compensation for two (2) or more persons, but not more than twelve (12) persons, who are not members of the householder’s family and do not require care or supervision. Congregate residences and assisted or residential living facilities are not included in this definition.
BUILDABLE AREA: The space remaining on a zoning plat after the minimum open space and setback requirements of this title have been complied with.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind, but not including fences or advertising signs.
BUILDING, AGRICULTURAL: A structure located on agricultural property and designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged, or a place used by the public.
BUILDING, ASSEMBLY: A building or portion thereof used for the gathering together of fifty (50) or more persons for such purposes as deliberation, worship, entertainment, amusement, or for awaiting transportation.
BUILDING, EXISTING: A building erected prior to the effective date of this title or one for which a legal building permit has been issued prior to the effective date.
BUILDING HEIGHT: The vertical distance from grade to the highest point of the coping of a flat roof, or to the deck of a mansard roof or to the average height of the highest gable of a pitched or hip roof.
BUILDING LINE: A line established by law or agreement and usually parallel to property line beyond which a building or structure may not extend.
BUILDING, MAIN OR PRINCIPAL: A building other than an accessory building, in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the building code as adopted by the city of Minidoka.
BUILDING PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity. The issuance of a building permit shall not be construed as granting permission or approval to any activity that would violate the requirements of this title or other laws adopted by the jurisdiction or the state of Idaho.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.
BULK STORAGE – COMBUSTIBLE OR FLAMMABLE GASES: Storage in excess of two thousand (2,000) gallons of combustible or flammable gases in any one tank or vessel for the purpose of retail dispensing or distribution.
BULK STORAGE – COMBUSTIBLE OR FLAMMABLE LIQUIDS: Storage in excess of one thousand one hundred (1,100) gallons of combustible or flammable liquids in any one tank or vessel for the purpose of retail dispensing or distribution.
BUSINESS: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, service, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering services.
CANNERY: A place where the business of preserving food such as meat, fruit and vegetables in sealed containers is carried on for profit or as a community cooperative service.
CARPORT: A roofed structure surrounded by open space on two (2) or more sides.
CEMETERY: Land used or intended to be used for the burial of humans or dead animals and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.
CENTER, DAYCARE: See definition of Daycare Center.
CENTER, MEDICAL HEALTH: See definition of Clinic.
CLINIC: A building used for the care, diagnosis, and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.
CLUB OR LODGE: The facilities of an association of persons for the promotion of some nonprofit common interest, such as politics, service, literature, science, fellowship, etc., and which holds meetings periodically which are limited to members and guests.
COMMERCIAL ENTERTAINMENT FACILITIES: Facilities for any profitmaking activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMMERCIAL SLAUGHTERHOUSE AND MEATPACKING FACILITIES: Includes the slaughtering, meat canning, curing, smoking, salting, packing, rendering, freezing or other similar establishments in which meat products are so processed commercially for sale to the public or as a service for hire.
COUNCIL: The mayor and city council of the city of Minidoka.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the city of Minidoka including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools, and other community facilities.
CONCESSION STANDS: A building, structure, vehicle or tent, having less than three hundred (300) square feet of area that is used for the sale of food, beverages, and/or souvenirs on a temporary basis. A permanent concession stand which will occupy the same site for more than fourteen (14) consecutive days shall require a zoning review as set forth in the definition of “zoning review and certificates” in this section.
CONDITIONAL USE: The use permitted only upon issuance of a special use permit.
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONDOMINIUM PLAT: The drawing of a division of real property into individual interests in common together with a separate interest in the real property for the purpose of establishing condominium ownership together with the declaration that is filed according to law with the county recorder.
CONGREGATE RESIDENCE: A building or portion thereof that contains facilities for living, sleeping, and sanitation, and may include facilities for eating and cooking, for occupancy other than a family. A congregate residence may be a convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, assisted living facilities, hotels, boarding, or lodging houses.
CONTRACTOR’S YARD: Any parcel of land used for storage, maintenance or processing incidental to a construction or building business, hauling, excavation, demolition or similar activity and including any parcel of land used for the incidental repair of machinery used for any of the above listed activities.
CONVENIENCE STORE: A retail establishment selling or distributing fast moving items such as food and dairy products, sundries and petroleum products.
COUNCIL: The city council of the city of Minidoka.
COUNTY: Minidoka County, Idaho, and its governing board.
COVENANT: A written promise or pledge.
DANCE HALL: A facility or place of assembly or portion thereof, wherein is provided an area that may be used for dancing with occupant load of more than fifty (50) as established by the current building code. This definition does not apply to facilities or areas within schools or churches that are accessory to the primary uses.
DAYCARE CENTER: An establishment where five (5) or more individuals, children or adults, regularly receive care and supervision for periods of time less than fifteen (15) hours unaccompanied by the individual’s guardian.
DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the county as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.
DENSITY: A unit of measure; the number of dwelling units per acre of land. Gross Density: The number of dwelling units per acre of total land to be developed, including public right of way. Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right of way.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DRIVE-IN ESTABLISHMENT: An establishment, other than a service station or truck stop, which is designed to accommodate the motor vehicles or patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or receive services.
DUPLEX: See definition of Dwelling, Two-Family.
DWELLING: A building, or portion thereof, containing one or more dwelling units, and which complies with the structural requirements of the adopted building code. The term “dwelling” does not include any temporary mobile home, “motel”, “hotel”, “guesthouse” or “boarding house” as defined herein.
DWELLING, HIGH RISE MULTIPLE-FAMILY: A multiple-family building, or portion thereof, containing five (5) or more stories.
DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building consisting of a single dwelling unit designed for use and occupancy by no more than one family, and separated from other units by open spaces.
DWELLING, TWO-FAMILY: A building designated for use and occupied exclusively by two (2) families living independently of each other, known also as a duplex.
DWELLING UNIT: A suite of two (2) or more habitable rooms providing complete living facilities for one family including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT (PREFAB): A building or other structure proposed or built for occupancy by people that is designed for initial transportation on streets and highways which arrives at a site where it is installed on a permanent foundation.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of another person’s property.
ELECTRICAL DISTRIBUTION LINES: Electrical power lines used by the electrical utility to distribute electrical power from the generation source or substation to the utility’s customers or end users.
ELECTRICAL TRANSMISSION LINES: Electrical power lines used for transmission of electrical power from the generation source to a substation for further distribution by an electrical utility.
EQUESTRIANWAY: A public way designed to be used for horseback riding and so designated.
FAMILY: An individual, or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.
FAMILY FOOD PRODUCTION: The keeping of domestic animals and fowl for the production of food for the use of the family occupying the premises.
FARM, RANCH AND GARDEN BUILDING: See definition of Building, Agricultural.
FOWL: Chickens, ducks, geese, pheasants, partridge, guinea hens, peacocks, or other similar domesticated birds excluding ostriches and emus.
FURBEARERS: Mink, fox, beaver, otter, or other similar domesticated animals.
GARAGE, PRIVATE: A building or a portion thereof in which motor vehicles used by the tenants of the main building on the premises are stored or kept.
GOVERNING AUTHORITY: The city council of Minidoka, Idaho.
GRADE, OR OFFICIAL GRADE: Grade (ground level) is the average of the finished ground level at the centers of all walls of a building. If the building is within twenty five feet (25′) of a sidewalk or curb, said ground level shall be measured at the sidewalk or curb.
GUEST: Any person, other than a member of a family hiring or occupying a room for living or sleeping purposes.
GUESTHOUSE: A detached or attached structure, being an accessory to a one-family dwelling with not more than two (2) bedrooms used or designed for use primarily by guests or servants for sleeping quarters.
HEALTH AUTHORITY: The officer or other designated authority charged with the administration and enforcement of the rules and regulations of the health department or its successor.
HEALTH DEPARTMENT: The South Central health district, the Idaho department of health and welfare, the United States environmental protection agency and/or any agency as may succeed to any of their powers.
HEIGHT, TELECOMMUNICATIONS TOWER: The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g., lightning rods) and lighting.
HIGH WATER MARK: The water level corresponding to the “natural or ordinary high water mark” or the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of terrestrial vegetation and destroy its value for commonly accepted agricultural purposes.
HOME, MOBILE: See various definitions of Manufactured Home (Mobile Home). HOME, MOBILE; TEMPORARY: A trailer, tent trailer, camper or mobile home which is eight feet (8′) or less in width and thirty two feet (32′) or less in length and may or may not contain cooking or bathroom facilities, but is not designed or used for long term occupancy. An unoccupied temporary mobile home is one which is being stored or is to be occupied for fewer than thirty (30) days in a calendar year.
HOME OCCUPATION: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling or accessory buildings, and wherein the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. (See the required performance standards.)
HORSES FOR PRIVATE USE: Horses kept and maintained as an accessory use to a dwelling for the pleasure and use of the occupants thereof, and not used for commercial purposes.
HORTICULTURAL SERVICES: Commercial greenhouses, landscaping services and agricultural consulting services which grow plants on the premises in conjunction with the consulting services they render.
HOSPITAL: Any building used for the accommodation and medical care of sick, injured, or infirm persons and including sanatoriums, but does not include nursing homes.
HOTEL: A building containing six (6) or more guestrooms intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests.
HOUSE, BOARDING: See definition of Boarding House.
HOUSE, ROOMING: See definition of Rooming House.
HOUSEHOLD PET: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries, and similar pets.
IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.
INDUSTRIAL: Refers to the manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified.
JUNKYARD: See definitions of Salvage Yard and Automobile Salvage Yard.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which five (5) or more dogs are maintained, harbored, possessed, trained, bred, boarded, or caged in return for compensation, but not including an animal clinic, animal hospital, or veterinary office where boarding is limited to short term care incidental to treatment.
KENNEL, NONCOMMERCIAL: Any lot or premises of one household, on which more than two (2) dogs, but less than five (5) are kept, housed, or maintained, which are owned by individuals of the household.
KINDERGARTEN: A place, home, building or location providing care, with organized play and instruction, for more than five (5) children of preschool age not residing on the same premises.
LAGOON, SETTLING: Pond or other similar facilities designed and used for industrial or commercial processes for separating solid waste or materials from liquid waste or materials.
LAGOON, STORAGE: Pond or other similar facilities designed and used for the storage of water or treated process water, whether for irrigation or firefighting purposes.
LAGOONS, SEWAGE: Ponds or other similar facilities designed and used for the storage, treatment or evaporation of liquid or semiliquid human, commercial or industrial waste.
LIQUID WASTE: A liquid substance containing any wastewater, waste or waste products, separately or in combination.
LIVESTOCK: Fowl, furbearers, cattle, dairy animals, swine, sheep, goats, horses, mules, llamas, ostriches, emus, and other similar domesticated animals including their offspring.
LIVESTOCK CONFINEMENT AREA: A structure or area of land within which livestock are confined for a period of more than forty eight (48) hours during any seven (7) consecutive days.
LIVESTOCK, LARGE: Cattle, dairy animals, swine, sheep, goats, horses, llamas, mules, donkeys, ostriches, emus and other similar domesticated animals, including their offspring.
LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an improved public street or approved private street or access to said lot will be provided by means of an approved irrevocable dedicated easement.
LOT AREA: The computed horizontal area contained within the lot lines.
LOT, CONTIGUOUS: Lots may be considered contiguous if they adjoin each other at a common boundary that permits use of the lots as one unit and if they are not separated by a public right of way, a railroad right of way, or by property held in fee simple ownership by another.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°). The point of intersection of the street lines is the “corner”.
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point the side lot lines are not less than ten feet (10′) apart.
LOT, INTERIOR: A lot bounded by a street on one side only.
LOT LINE: A line bounding the lot described in the title to the property.
LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts.
LOT LINE, REAR: The line opposite and most distant from the front lot line.
LOT LINE, SIDE: Any lot line other than a front or rear lot lines. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line.
LOT LINE, STREET OR ALLEY: A lot line separating the lot from a street or alley.
LOT, MINIMUM AREA: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
LOT, NONCONFORMING: A parcel of land, which was created prior to or in compliance with the provisions of the applicable zoning and subdivision ordinances that were in effect at the time such parcel was created.
LOT, THROUGH: A lot having frontage on two (2) streets, which are parallel or nearly so.
LOT WIDTH: The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least depth of the front yard.
MANUFACTURED BUILDING OR HOUSE: A building or house built to the uniform building code standards in a factory or other facility and then delivered to the construction site. This definition includes buildings used for other than residential use.
MANUFACTURED HOME (MOBILE HOME) CLASS A: A dwelling unit manufactured and installed with all the following characteristics:
A. Mass produced in a factory;
B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;
C. Properly connected to sewer, water and electrical services;
D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;
E. Multisectional and shall contain an enclosed living space not less than one thousand (1,000) square feet;
F. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development;
G. Has a painted metallic, wood, shake, asphalt shingle or similar type roof with a minimum pitch of two to twelve (2:12) (pitch to run);
H. Has an eave of a minimum of six inches (6″), or an eave and gutter combination with a minimum of six inches (6″), attached to the entire perimeter of the roof;
I. Has horizontal metal lap siding, simulated wood siding, or wood siding similar to permanent residential structures;
J. Has a foundation that is similar in appearance and durability to concrete or masonry foundations of site built dwellings and which surrounds the entire perimeter of the structure, completely enclosing the space between the siding and the finished grade; and
K. Is permanently affixed, with the running gear and towing hitch removed, and set upon a foundation base having an anchoring system that is totally concealed under the structure.
MANUFACTURED HOME (MOBILE HOME) CLASS B: A dwelling unit manufactured and installed with all the following characteristics:
A. Mass produced in a factory;
B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;
C. Properly connected to sewer, water and electrical services;
D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;
E. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development. If constructed before the above mentioned date, the home shall conform with the mobile home rehabilitation act, Idaho state code title 44, chapter 25;
F. New, new condition or rehabilitated so that all roofing, siding, and exterior trim is intact, good condition and paint that is not blistered, peeling, or dull in color;
G. Units at least fourteen feet (14′) wide at the narrowest point, with a minimum of six hundred (600) square feet;
H. Has a factory constructed painted metallic, wood, shake or shingle, asphalt or fiberglass shingle or similar residential type roof with a minimum pitch of two to twelve (2:12) (pitch to run);
I. Has an eave of a minimum of six inches (6″), or an eave and gutter combination with a minimum of six inches (6″), attached to the entire perimeter of the roof;
J. Has horizontal metal lap siding, simulated wood siding, or wood siding similar to permanent residential structures;
K. Has a foundation that is similar in appearance and durability to concrete or masonry foundations or approved skirting material, which matches the exterior siding. The foundation or skirting surrounds the entire perimeter of the structure, completely enclosing the space between the siding and the finished grade; and
L. Is permanently affixed, with the running gear and towing hitch removed, and set upon a foundation base having an anchoring system that is totally concealed under the structure.
MANUFACTURED HOME (MOBILE HOME) CLASS C: A dwelling unit manufactured and installed with all the following characteristics:
A. Mass produced in a factory;
B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;
C. Properly connected to sewer, water and electrical services;
D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;
E. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development. If constructed before the above mentioned date shall conform with the mobile home rehabilitation act, Idaho state code title 44, chapter 25; and
F. Does not meet all definitional characteristics in subsections E through K of the definition of “manufactured home (mobile home) class A” and in subsections E through L of the definition of “manufactured home (mobile home) class B” of this section.
MANUFACTURED HOME (MOBILE HOME) NONCONFORMING: A dwelling unit manufactured and installed with all the following characteristics:
A. Mass produced in a factory;
B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;
C. Properly connected to sewer, water and electrical services;
D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;
E. Does not meet all definitional characteristics in subsections E through K of the definition of “manufactured home (mobile home) class A”, in subsections E through L of the definition of “manufactured home (mobile home) class B” and subsection E of the definition of “manufactured home (mobile home) class C” of this section.
MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites, open storage and service area, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, and air and water pollution beyond the district boundary.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free from objectionable or hazardous elements such as smoke, noise, odor, dust or other pollution; operating and storing within enclosed structures and generating little industrial traffic or nuisances.
MAP, ZONING: See definition of Zoning Map.
MONOPOLE: A telecommunication tower of a single pole design.
MOTEL: See definition of Hotel.
MOTOR VEHICLE: Any vehicle propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners or slides, to transport persons or property or pull machinery and including, but not limited to, automobiles, trucks, trailers, motorcycles and tractors.
NAVIGABLE STREAM OR LAKE: As designated on the United States geological survey (USGS) map and/or the maps formally adopted by the city of Minidoka.
NONCONFORMING BUILDING OR STRUCTURE: A building, structure, or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such building is situated, but which existed prior to the effective date hereof, or one for which a building permit was issued prior to the effective date.
NONCONFORMING USE: A use of premises which does not conform to the regulations of this title, but which was in existence at the effective date hereof.
NURSERY, PLANT MATERIALS: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants for sale on or off the premises including products used for gardening or landscaping.
NURSING HOME: See definition of Assisted Or Residential Living Facility.
OCCUPANCY, CHANGE OF: Any change in the character or use of a building or premises, not including change of tenants, proprietors or occupants.
OCCUPIED RESIDENTIAL USE: A “residential use” as defined in this chapter, which has actual residential habitation by one or more persons during the preceding three (3) years.
ODOR: The presence in the outdoor atmosphere of any contaminant or combination thereof in such quantity, nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property.
ODOR ABATEMENT: The reduction or elimination of odors present in the ambient air.
ODOR ABATEMENT PLAN: A written plan prepared by the owner/applicant stating methods and practices to be used to minimize or eliminate odors.
OFF STREET PARKING SPACE: An area adjoining a building providing for the parking of automobiles which does not include a public street but has convenient access to it and shall consist of area adequate for parking an automobile with room for opening doors, together with properly related access to a public street or alley and maneuvering room.
OPEN SPACE: An area substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and other recreational facilities that the council deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
OPERATION (TELECOMMUNICATIONS): Other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.
ORIGINAL PARCEL OF LAND: A lot, tract or individual parcel as recorded on any plat or recorded on file in the office of the Minidoka County recorder, any unplatted contiguous parcel of land held in one ownership, or any platted contiguous parcel of land comprised of or including government lots, and being any such parcel of record as of the effective date of the original subdivision ordinance.
OTHER USES: Implies such usage that may be permitted in the zone or district. In no way does the term, when used, imply a permit or approval for a usage. “Other uses” requires a review by the council, which will deny or approve (generally under conditions), the requested usage.
OWNER: Any individual, person, firm, association, syndicate, partnership, corporation, or other entity having proprietary interest in real property subject to this title. A leasehold interest is excluded from such proprietary interest.
PARK, MANUFACTURED (MOBILE) HOME: Any area, tract, plot or site of land developed as a planned unit development located and maintained for dwelling purposes on a permanent or semipermanent basis for two (2) or more manufactured (mobile) homes or travel trailers.
PARK, TRAVEL TRAILER (RV PARK): Any area, tract, plot or site of land with domestic water and sanitary facilities whereupon two (2) or more travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.
PARKING AREA OR LOT, PUBLIC: An open area, other than a street or public way, to be used for the storage, for limited periods of time, of operable automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING AREA, PRIVATE: An open area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles, of occupants of the building or buildings for which the parking area is developed and is necessary and accessory.
PARKING SPACE: A usable space of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat. The board shall set the amount of the bond at its sole discretion with regard to the recommendation of the council.
PERSONAL SERVICES: Any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, and similar activities.
PEST ABATEMENT: The reduction or elimination of pests such as, but not limited to, flies, insects, rodents, etc.
PEST ABATEMENT PLAN: A written plan prepared by the owner/applicant stating methods and practices to be used to minimize or eliminate pests.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
PLATFORM (ANTENNAS): A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.
PLOT: A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or by metes and bounds.
PRINCIPAL DESIGNATED USE: The main use of land or building as distinguished from subordinate, accessory uses or other uses.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
PROPERTY: A lot or plot including all buildings and improvements thereon.
PROPERTY LINE: A recorded boundary of a plot.
PUBLIC USES: Public parks, schools, administrative and cultural buildings, and structures, not including public land or buildings devoted solely to storage and maintenance of equipment and materials and public service facilities.
PUBLIC UTILITIES: Structures or facilities essential to furnishing the public with electricity, power, gas, water supply, water treatment and public services, including power plants and service stations, water treatment plants or public stations, fire stations or police stations.
PUBLIC WAY, PUBLIC RIGHT OF WAY: A public way, right of way, easement, or strip of land dedicated, acquired or platted across real property and intended for the special or general use of the public which normally includes streets, sidewalks or other public utilities or service areas.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
REAL PROPERTY: Real estate consisting of:
A. Lands, possessive rights to land, ditch and water rights and mining claims; both lode and placer;
B. That which is affixed to land; or
C. That which is appurtenant to land.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word “repair” or “repairs” shall not apply to any change in a structure such as would be required by additions to, or remodeling of such structure.
RESEARCH ACTIVITIES: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, electronics, and engineering.
RESIDENTIAL CARE FACILITY: See definition of Assisted Or Residential Living Facility.
RESIDENTIAL USE: A building or portion thereof designed exclusively for residential occupancy, including one-family, two- family and multiple-family dwellings, but not including hotels, motels, boarding and lodging houses, trailers, recreational vehicles, or trailer houses.
RESTAURANT: Any land, building or part thereof, other than a boarding house where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.
RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts, and bridges.
RISK MANAGEMENT PLAN (RMP): A formal statement detailing the hazardous level, risk level, facility design, emergency response and containment procedures in response to an accidental discharge of part or all of the hazardous material contained in the facility.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
RODEO: An area used as an entertainment site for an exhibition and/or competition of the skills of cowboys/cowgirls and horsemanship.
ROOMING HOUSE: A building other than a hotel where lodging is provided for compensation to three (3) or more persons who are not members of the householder’s family and wherein no meals are served or provided.
SALVAGE YARD: A place where scrap, waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, dismantled, handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards, and places or yards for storage of salvaged house wrecking and structural materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment within a building, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.
SANATORIUM, SANITARIUM: A hospital, whether or not such facility is operated for profit.
SATELLITE DISH: A device incorporating a reflective surface that is solid, open mesh, or bar configured that is shell dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs (satellite television receive only) and satellite microwave antennas.
SCHOOL: An institution conducting regular academic instruction at elementary, secondary and college levels.
SCHOOL, TRADE OR INDUSTRIAL: An institution or facility conducting instruction in the technical, commercial or trade skills such as business, beauticians, barbers, electricians, automotive and so forth.
SERVICE STATION: Buildings on premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and wherein in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps and lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or raising the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational material to customers, provision of restroom facilities; and
M. Warranty maintenance and safety inspections. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other characteristics to an extent greater than normally found in service stations. A service station is neither a repair garage nor a body shop.
SETBACK: The shortest distance between the property or lot line and the structure or portion thereof, excluding street or road right of way.
SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear setback requirements of this title, or by delineation on a recorded subdivision or planned unit development map.
SETBACK LINE: A line established by these zoning regulations, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in this title.
SEWAGE LAGOONS: Ponds or other similar facilities designed and used for the storage, treatment or evaporation of liquid or semiliquid human, commercial or industrial waste.
SHELTER HOME: A residential facility for temporary occupancy by individuals that for financial or physical or mental health reasons, who do not have a place of residence or cannot live at their normal residences. This would include, but not be limited to, facilities for the homeless, battered and abused, halfway houses, and children’s homes.
SHOOTING RANGE: A facility which allows for the safe practice of shooting firearms, including shotguns, pistols, and rifles, which may include any accessory uses and structures normally associated with this activity.
SHORELINE DEVELOPMENT: The building of structures, buildings, features, retaining walls and other similar activity at or below the high water mark and/or adjacent riparian areas.
SIGN: Any display or device consisting of painted letters, symbols or designs, and including any moving parts, lighting, sound equipment, framework, background material or structural support, which display or device is intended to communicate business identification, an advertisement, announcement, directions or other message or attract, distract, hold, direct or focus public attention.
SIGN, COMMERCIAL: Any sign erected which directs attention to a use, name, business, commodity, service or entertainment conducted, sold or offered at a commercial establishment whether located on the same premises of the sign or not.
SIGN, DIRECTIONAL/INFORMATIONAL: Any sign erected with the purpose of giving directions which contains words such as “entrance”, “enter”, “exit”, “in”, “out”, or other similar words or a sign containing arrows or characters indicating traffic directions or provides information and/or messages of interest to the public.
SIGN, HOME: An accessory sign or nameplate announcing the names of the occupants or owners of the premises or the name of the home occupation conducted thereon.
SIGN, PROPERTY: An on premises sign erected for the purpose of advertising the availability of the property for sale, lease or rent; or may include project identification, a private or public announcement or the announcement of danger or warning in connection with said premises.
SIGN, PUBLIC: An accessory sign erected for the purpose of identification of the buildings, or involved facilities, and may include the dissemination of information in connection with the program, policy or operation of public or semipublic institutions owning or occupying subject premises, such as schools, churches, hospitals, quasi-public bodies, clubs, lodges, clinics, professional and executive office, or information in connection with the property of general interest to the public.
SIGN, TEMPORARY: Any sign that is used only temporarily, not exceeding sixty (60) days and is not permanently mounted or installed.
SITING ADVISORY TEAM (TEAM): A team comprised of representatives from the Idaho state department of agriculture (ISDA), Idaho division of environmental quality (IDEQ), Idaho department of water resources (IDWR), and an official designee of the city of Minidoka. The siting advisory team may invite representatives of the state universities of Idaho and following federal agencies, U.S. environmental protection agency (EPA), U.S. natural resources conservation service (NRCS), U.S. geological survey (USGS), and the United States department of agriculture, agricultural research services (USDA), to participate as advisors and/or consultants to the team.
SLAUGHTERHOUSE: See definition of Commercial Slaughterhouse And Meatpacking Facilities.
SPECIAL USE: A special use permitted within a district, other than a principally permitted use, requiring a permit and approval of the council. Special uses permitted in each zone are listed in the schedule of zoning regulations.
STABLE, PRIVATE: A detached accessory building or structure for the keeping of one or more horses or cows owned and used by the occupant of the premises and not for remuneration, hire or sale.
STABLE, RIDING: A building or structure used or designed for the boarding or care of riding horses for remuneration, hire or sale.
STORM RUNOFF CONTAINMENT: The storage facility that intercepts precipitation runoff of a corral(s) based on the requirement for a 25-year, 24-hour storm event only. This does not include wastewater.
STORY: That portion of a building included between the surface of a floor and the ceiling next above it.
STREET: A public right of way officially accepted by the agency or entity having jurisdiction, fifty feet (50′) or more in width, which provides a public means of access to abutting property, or any such right of way more than twenty feet (20′) and less than fifty feet (50′) in width provided it existed prior to the enactment of this title and has received official approvals. The term “street” shall include “avenue”, “drive”, “circle”, “road”, “parkway”, “thoroughfare”, or any other similar term.
STRUCTURAL ALTERATION: Any change in the supporting members of the building such as the bearing walls, columns, beams, girders or roof.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
SUBDIVIDER: Shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision ordinance of the city of Minidoka. The subdivider need not be the owner but must have written authorization from the owner to propose the subdivision of the owner’s lands.
SUBDIVISION: See title 9 of this code for definition.
SUBDIVISION, MOBILE HOME: A subdivision designed for manufactured or mobile home residential use.
SURVEYOR: A land surveyor or professional engineer registered in the state of Idaho.
TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants when the principal business is serving food.
TELECOMMUNICATION FACILITY: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment with is used for transmitting, receiving, or relaying telecommunications signals.
TELECOMMUNICATION FACILITY (COLLOCATED): A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.
TELECOMMUNICATION SUPPORT FACILITY: The telecommunication equipment buildings and equipment cabinets.
TOWER, CAMOUFLAGED: Any telecommunication tower that due to design or appearance entirely hides, obscures, or conceals the presence of the tower and antennas.
TOWER FARM: A parcel of ground on which multiple telecommunication towers or antennas are located and clustered together on a single parcel for economic, aesthetic, or other reasons.
TOWER, GUYED: A telecommunications tower that is supported in whole or in part by guywires and ground anchors or other means of support besides the superstructure of the tower itself.
TOWER, LATTICE: A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.
TOWER, TELECOMMUNICATION: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common carrier towers.
TRACT, ORIGINAL TRACT OF LAND OR ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the county recorder, or any unplatted contiguous parcel of land held in one ownership of record at the effective date of this title.
UNDUE HARDSHIP: Special conditions depriving the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this title, but not merely a matter of convenience and profit. A hardship caused by the applicant for the purpose of evading the restrictions of this title shall not be considered an undue hardship.
USE: The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
USE, EXISTING: Any use legally existing at the time of adoption of this title.
UTILITIES: Installation for conducting water, sewage, gas, electricity, television, communications, stormwater, ancillary facilities providing service to and used by the public.
VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, use of property, setbacks, required parking spaces, height of buildings or other ordinance provisions affecting the size, location or shape of a structure or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
WASTE PRODUCTS: Organic waste matter such as urine and/or feces.
WASTE TREATMENT SYSTEM: The process, area, or mechanism employed for the retention, storage and treatment of liquid or solid wastes.
WASTEWATER: Water that has been used, for washing, flushing, or in a manufacturing process, which also contains waste products.
YARD: An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends to a depth or width specified in the yard or setback regulations for the district in which the lot is located.
YARD, FRONT: The yard across the full width of the lot or plot facing the street and extending from the front building line of the building to the front property or street line.
YARD, REAR: The yard across the full width of the lot or plot opposite the front yard, extending from the rear building line of the building to the rear property line.
YARD, SIDE: The yard between the side building line of the building and the adjacent side property line and extending from the front yard to the rear yard.
ZONE OR ZONING DISTRICT: The incorporated territory of the city of Minidoka as defined by this title and designated on the zoning map, to which the provisions of this zoning ordinance apply.
ZONING MAP: The zoning map of the city of Minidoka, incorporated into this title designating zoning districts together with all amendments subsequently adopted.
ZONING OFFICIAL: The Mayor or the Mayor’s designee or his authorized representative.
ZONING REVIEW AND CERTIFICATES: Certificate Of Occupancy: A document issued by the building official authorizing the occupancy and use of completed buildings, structures or premises and the proposed use thereof for the purpose of ensuring compliance with the provisions of this title and other adopted codes and regulations. Certificate Of Zoning Compliance: Before issuing a building permit for any new residential, multi-family, commercial or industrial use or for a change of occupancy, the city’s building official shall obtain a decision of the city’s Mayor or the Mayor’s designee whether or not the proposed use complies with the city’s zoning code, as set forth in this title. If the Mayor or the Mayor’s designee determines that the use is not in compliance with the zoning code, then the building permit will not be issued until compliance is obtained. Once a building permit is issued, it shall serve as the certification of compliance with applicable zoning regulations of the city as to the intended use. The decision of the Mayor or the Mayor’s designee can be appealed by an aggrieved party as provided in this chapter. Notice Of Noncompliance: A document issued by the Mayor or the Mayor’s designee indicating that a use or structure is nonconforming to the district regulations or is not in conformity with other conditions or requirements of this title. Zoning Review: The review process described in sections 8-13-1 and 8-13-3 of this title. (Ord. 2026-12, 1 Sep 2026)
8-3: ESTABLISHMENT OF ZONES:
8-3-1: DESIGNATION OF ZONES:
In order to accomplish more fully the objectives and purposes of this title, the city of Minidoka is hereby divided into zones which shall be known by symbols and/or names as follows:
| Short Title | Zone |
|---|---|
| AL | Agricultural low |
| RL | Residential low density |
| RM | Residential medium density |
| RH | Residential high density |
| CL | Commercial local |
| CG | Commercial general |
| IL | Industrial light |
| IH | Industrial heavy |
| FP | Floodplain overlay |
(Ord. 2026-12, 1 Sep 2026)
8-3-2: ZONING MAP:
The location and boundaries of each of the zoning districts and special overlay districts are hereby established as are shown on the zoning map of the city of Minidoka. All boundaries, notations and other data shown thereon are as much a part of this title as if fully described herein. Said zoning map, properly attested, shall be placed and remain on file in the office of the city clerk. The zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the following words: I hereby certify that this is the official City of Minidoka, Idaho Zoning Map which was adopted by the City Council on the day of , . (Ord. 2026-12, 1 Sep 2026)
8-3-3: REGULATIONS:
Within each of the zones, the height, number of stories, and the size of buildings and structures, and percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density or population and the location and use of buildings, structures and land for trade, industry, residence or other purposes are hereby regulated and restricted as set forth in this title or as may be amended. (Ord. 2026-12, 1 Sep 2026)
8-3-4: BOUNDARIES OF ZONES:
Where uncertainty exists with respect to the boundaries of zones, the following rules shall apply:
A. When indicated boundaries of the zone map are adjacent to street or land survey lines, said street or land survey lines shall be construed to be the zone boundaries.
B. Where the indicated boundaries are adjacent to canals, natural streams or watercourses, or other clearly defined, natural features, the centerline of said canal, natural stream, watercourse or natural feature shall be construed to be the zone boundary.
C. In the absence of any street, land survey, canal, natural stream, watercourse or other natural feature or measurement as forming the boundaries of any zone, the scale or measurement shown on the map shall be used to determine the zone boundary lines.
D. Whenever a street is vacated and that street has not been given a zone classification, the land of the vacated street shall have the same zone classification as the land adjacent or abutting land owned or on the same side of the centerline of the former street to whom such land reverts or in whom said land becomes vested by operations of law or otherwise.
E. In every case where small parcels of territory have not been specifically included within a district through errors in legal description, or where territory becomes a part of the city by incorporation or by inclusion in area of impact of the city, such territory shall automatically retain its existing use classification, until otherwise classified.
F. In case of conflict between the text and the maps of this title, the maps shall prevail. In case of a conflict between the provisions of the various sections of the text of this title, the most stringent provisions shall prevail.
G. Where other uncertainty exists, the Mayor or the Mayor’s designee shall interpret the map. (Ord. 2026-12, 1 Sep 2026)
8-3-5: CONFORMITY AND GENERAL INTENT:
Except as otherwise provided herein, land, buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for the district and the following general provisions:
A. No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage or smaller yards or open spaces about it than permissible under the limitations set forth herein for the district in which such buildings are located.
B. No yards, open spaces or off street parking space or loading space existing or provided hereafter about any building shall be reduced below the minimum requirements hereinafter set forth for such open space, parking space or loading space, or further reduced if already less than said minimum requirements.
C. No open space, yard or off street parking space or loading space existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this title shall be considered as all or part of the yard, open space, off street parking space or loading space required for any other building or upon any other lot.
D. No lot held under one ownership at the effective date hereof shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this title, and if already less, the dimension or area of such lot shall not be further reduced except by subdivision property approved by the city.
E. If any development, building or structure shall be over any recorded or known easement, a letter of approval from the grantee of said easement must be submitted with the plan specifying that said development, building or structure does not infringe upon said easement.
F. No facility or use can be permitted in residential areas unless it is clearly demonstrated that the proposed use will not result in smoke, dirt, litter, smog, air or water pollution, excessive noise or offensive odors beyond the boundaries of the property on which the facility is located. (Ord. 2026-12, 1 Sep 2026)
8-4: GENERAL PURPOSES OF ZONES:
8-4-1: AGRICULTURAL LOW ZONE (AL):
The purpose of this agricultural zone is intended to provide areas for low density or residential development that maintain a rural environment with continuation of limited or light agricultural uses where compatible with each other. It is appropriate to be applied to areas which have, by nature of uses and land division activity, already begun a conversion from rural to urban use, primarily in the outer portions of the rural-urban fringe areas where public facilities and services will be necessary before intensive urbanization should occur, and in rural land with marginal suitability for agricultural production. (Ord. 2026-12, 1 Sep 2026)
8-4-2: RESERVED:
8-4-3: RESERVED:
8-4-4: RESIDENTIAL LOW DENSITY ZONE (RL):
The purpose of this zone or district is to permit the establishment of low density single-family housing areas designated to contain a range from one to eight (8) units per acre. (Ord. 2026-12, 1 Sep 2026)
8-4-5: RESIDENTIAL MEDIUM DENSITY ZONE (RM):
The purpose of this zone or district is to permit the establishment of medium density multiple-family dwellings not exceeding fourplex type apartments. This zone or district is also designed to permit the conversion of large older houses and will allow the establishment of neighborhoods into apartments. (Ord. 2026-12, 1 Sep 2026)
8-4-6: RESIDENTIAL HIGH DENSITY ZONE (RH):
The purpose of this zone or district is to permit the establishment of high density housing areas. This zone or district may act as a buffer between various nonresidential uses and less dense residential uses, thus serving as a transitional use. (Ord. 2026-12, 1 Sep 2026)
8-4-7: COMMERCIAL LOCAL ZONE (CL):
The purpose of this zone or district is to provide for areas suitable to fulfill the need for travel related services, retail sales and professional offices as well as neighborhood or local commercial services throughout the city and its area of impact. This zone or district is established to encourage the development of convenience business uses, which tend to meet the daily needs of the residents of the immediate neighborhood and for pedestrian patrons. The zone is also designed to act as a buffer between other more intense nonresidential uses and residential uses. (Ord. 2026-12, 1 Sep 2026)
8-4-8: COMMERCIAL GENERAL ZONE (CG):
The purpose of this zone or district to provide for and encourage the grouping together of business, retail, public, quasi-public, and other related uses with minimal light industrial uses capable of being operated under such standards as to location and appearance of buildings and treatment of land around them that they will be unobtrusive and not detrimental to surrounding commercial or residential uses. The light industrial uses permitted in this zone are manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare operated entirely within enclosed structures which generate little industrial traffic. This zone or district is further designed to accent a transitional use between industrial uses and other less intense business and residential uses. (Ord. 2026-12, 1 Sep 2026)
8-4-9: INDUSTRIAL LIGHT ZONE (IL):
The purpose of this zone is to provide for the location of manufacturing or other industrial uses which are duly controlled operations that do not generate smoke, noise, vibration, dust, odor, glare, gas, light, air pollution or water pollution beyond the district boundary. This zone is characterized by warehouses, wholesale storage areas, packaging and assembling plants. The district is further designed to accent a transitional use between heavy industrial uses and less intense general commercial uses. (Ord. 2026-12, 1 Sep 2026)
8-4-10: INDUSTRIAL HEAVY ZONE (IH):
The purpose of this zone is to provide for the location of manufacturing and other industrial uses which usually contain heavy manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites where the byproducts of such use include emittance of nuisances such as smoke, noise, vibration, dust, odor, glare, gas, light, air pollution or water pollution beyond the district boundaries which may have a detrimental effect on neighboring property. These uses require extensive community facilities and isolation from residential and commercial uses and also require reasonable access to arterial thoroughfares. (Ord. 2026-12, 1 Sep 2026)
8-5: REGULATIONS WITHIN ZONES:
8-5-1: COMPLIANCE WITH REGULATIONS:
The regulations of each zone set forth by this title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
A. No building, structure or land shall be used or occupied and no building or structure or a part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the zone in which it is located;
B. No building or other structure shall be erected or altered:
1. To provide for greater height or bulk;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of lot area; or
4. To have narrower or smaller rear yards, front yards, or other open spaces than herein allowed or required, as the case may be, or any other manner contrary to the provisions of this title; and
C. No yard or lot existing at the time of passage of this title shall be reduced in dimension of area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall be at least the minimum requirements set forth herein. (Ord. 2026-12, 1 Sep 2026)
8-5-2: SCHEDULE OF ZONING REGULATIONS ADOPTED:
A. Zoning Regulations: Zoning regulations shall be as set forth in the official schedule of zoning regulations and in the performance standards, chapter 6 of this title. To determine in which zone a specific use is allowed, it is necessary to find the use and read across the schedule until either the letter “P”, “N” or the letter “S” appears in one of the columns. If the letter “P” appears, the use is an allowed use, if the letter “S” appears, the use is only allowed upon the issuance of a special or conditional use permit and if the letter “N” appears, the use is not permitted in that zone or district. All uses listed in the schedule will be considered public and/or commercial unless specifically designated as private, public or commercial.
B. Unlisted Land Uses: The administrator or his/her designee shall interpret the appropriate district for land uses not specifically listed by determining the district in which similar uses are permitted. Such other similar uses shall not be inconsistent with the purpose of the district, shall not impair the present or potential use of properties in the surrounding areas and shall not have any different or more detrimental effect upon the adjoining neighborhood areas or districts than the specifically listed buildings and uses. When several combined uses exist, or are proposed, the most intensive shall be considered as the primary activity. Where a use is proposed and ambiguity exists concerning the appropriate district or procedure for the establishment of that particularly proposed use, said use may be established by obtainment of a special use permit in accordance with the provisions of this title until such time as this section is amended to specifically include such use.
OFFICIAL SCHEDULE OF ZONING REGULATIONS
Key to symbols: P = Permitted use, S = Special use, N = Not permitted. Zoning districts: AL = Agricultural low, RL = Residential low, RM = Residential medium, RH = Residential high, CL = Commercial local, CG = Commercial general, IL = Industrial light, IH = Industrial heavy.
Agricultural activities2,4:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Agronomy and crop consulting services | N | N | N | N | P3 | P | P | P |
| Alcohol production plants | N | N | N | N | N | S | S | S |
| Animal hospital | N | N | N | N | S1 | P1 | P | P |
| Dairy product processing | N | N | N | N | N | N | P1 | P |
| Grain and seed processing | N | N | N | N | N | N | P1 | P |
| Greenhouses | S | N | N | N | S | P | S | N |
| Kennels, commercial | N | N | N | N | N | S | S | S |
| Kennels, noncommercial | P | S | N | N | S | P | P | P |
| Livestock feed processing | N | N | N | N | N | N | S | S |
| Livestock sales | N | N | N | N | N | N | S | S |
| Meat product processing | N | N | N | N | N | N | S1 | S |
| Plant and flower nurseries | S | N | N | N | S | P | S | S |
| Vegetable and produce processing | N | N | N | N | N | N | P | P |
| Veterinarian | N | N | N | N | S1 | P1 | P | P |
| Family food production (family garden) | P | P | P | P | P | P | P | P |
| Farms, animals confined2 | P | N | N | N | N | N | N | N |
| Farms, animals on pasture | P | P | N | N | N | N | P | P |
| Farms, plants and trees | P | N | N | N | N | N | P | P |
| Farms, produce and other farm products | P | N | N | N | N | N | P | P |
Notes:
1. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
2. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
3. Offices only.
4. Any enterprise customarily carried on in the field of general agriculture, which is not obnoxious or detrimental to the public.
Communications and Utilities1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Electrical distribution lines | P | P | P | P | P | P | P | P |
| Electrical generation | N | N | N | N | N | N | S | S |
| Electrical transmission lines | S | N | N | N | N | S | S | S |
| Media transfer/booster stations2 | S3 | S3 | S3 | S3 | P3 | P | P | P |
| Radio and television stations | N | N | N | P3 | P3 | P | P | P |
| Telecommunication towers: | ||||||||
| Camouflaged towers | S5 | N | N | S5 | S5 | S5 | S5 | S5 |
| Tower/antenna farms | N | N | N | N | N | S5 | S5 | S5 |
| Towers less than 90 feet in height | S5 | N | N | N | N | S5 | S5 | S5 |
| Towers over 90 feet in height | S5 | N | N | N | N | N | S5 | S5 |
| Telephone exchange stations | S3 | S3 | S3 | S3 | P3 | P | P | P |
| Transmission lines, aboveground | P | P | P | P | P | P | P | P |
| Transmission lines, underground | P | P | P | P | P | P | P | P |
| Utility buildings and structures | S4 | S4 | S4 | S4 | S4 | P | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. To facilitate for location of telecommunication equipment on existing towers or structures, media transfer or booster stations will be permitted uses when located immediately adjacent to such existing towers or structures.
3. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
4. Utility buildings and structures less than 50 square feet in area and less than 3 feet above the natural grade or utility buildings adjacent to and connected to an existing approved transmission tower are permitted uses.
5. Must comply with permitted uses when located immediately adjacent to such existing towers or structures.
Cultural Facility:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Aquariums | N | N | N | S | P1 | P | P | P |
| Botanical gardens, arboretums | S | S | S | S | P | P | P | P |
| Historical sites, monuments | S | S | S | S | S | P | P | P |
| Libraries, galleries | N | S | S | S | P | P | P | N |
| Museum | N | S | S | P | P | P | P | N |
| Planetariums | N | N | N | S | P1 | P | P | P |
| Zoos | N | N | N | N | S | S | S | S |
Notes:
1. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
Manufacturing2:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Ammunition | N | N | N | N | N | S | S | S |
| Apparel and related products | N | N | N | N | S1 | P1 | P | P |
| Asphalt plant | N | N | N | N | N | N | S | S |
| Asphalt plant, temporary | S | N | S | S | S | S | S | S |
| Building materials | N | N | N | N | N | P1-3 | P3 | P |
| Chemicals and chemical products | N | N | N | N | N | N | S1 | S |
| Computer products | N | N | N | N | N | N | P | P |
| Concrete plant | N | N | N | N | N | N | N | S |
| Concrete plant, temporary | S | N | S | S | S | S | S | S |
| Concrete products | N | N | N | N | N | N | P1 | P |
| Farm equipment | N | N | N | N | N | S1 | P | P |
| Food products | N | N | N | N | N | S1 | P1 | P |
| Furniture and fixtures | N | N | N | N | N | P1 | P | P |
| Gravel pits | N | N | N | N | N | N | N | N |
| Manufacture, compounding, bottling, processing, packaging, or treatment of food and beverage products | N | N | N | N | N | S | S | P |
| Metal products | N | N | N | N | N | N | S1-3 | P |
| Mineral products | N | N | N | N | N | N | S1 | P |
| Miscellaneous products | N | N | N | N | N | S | S1 | S |
| Paper products | N | N | N | N | S1 | S | P | P |
| Petroleum products | N | N | N | N | N | N | S1 | S |
| Pharmaceutical products | N | N | N | N | N | S1 | P | P |
| Printing and publishing | N | N | N | N | P1 | P1 | P | P |
| Professional and scientific products | N | N | N | N | P1 | P1 | P | P |
| Textile products | N | N | N | N | S1 | P1 | P | P |
| Trailers and truck beds | N | N | N | N | N | S1 | P | P |
Notes:
1. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
2. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
3. All items shall be enclosed within sight obscuring walls or fences.
Parks1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Open spaces | P | P | P | P | P | P | P | P |
| Public parks and playgrounds | P | P | P | P | P | P | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
Public Assembly1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Amusement parks | N | N | N | N | S | S | S | S |
| Auditoriums | N | N | N | N | P | P | P | P |
| Churches | S | S | S | P | P | P | S | N |
| Concessions | N | N | N | N | S | P | P | P |
| Convention centers | N | N | N | N | P2 | P | P | P |
| Dance halls (occupancy of 51 to 300) | N | N | N | N | N | P | P | P |
| Dance halls (occupancy over 300) | N | N | N | N | N | S | P | P |
| Exhibition halls | N | N | N | N | P2 | P | P | P |
| Fairgrounds | N | N | N | N | N | N | P | P |
| Riding arenas, private | P3 | N | N | N | N | S2 | S | S |
| Riding arenas, public | S | N | N | N | N | N | S | S |
| Sports arenas | N | N | N | N | S2 | P | P | P |
| Theaters | N | N | N | P | P | P | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
3. Private riding arenas are for the personal use of the owners, owner’s family and friends where no commercial gain is realized.
Residential Land Uses1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Home Occupation | P | P | P | P | P | P | P | P |
| Manufactured Home, Class A | P4 | S4, 6 | S4, 6 | S4, 6 | S4, 6 | S4, 6 | S4, 6 | N |
| Manufactured Home, Class B | P4 | S4, 6 | S4, 6 | S4, 6 | S4, 6 | S4, 6 | S4, 6 | N |
| Manufactured Home, Class C9 and Manufactured Home, nonconforming | N10 | N10 | N10 | N10 | N10 | N10 | N10 | N10 |
| Multi-Family Dwellings | N | N | S2, 8 | P3, 7, 9 | S3, 7 | S3, 7 | N | N |
| One-Family Dwelling | P5, 6 | P5, 6 | P5, 6 | P7 | P7 | P7 | P7 | S7 |
| Temporary Mobile Home | N | N | N | N | N | N | N | N |
| Townhouses | N | N | S2, 8 | P3, 7, 9 | P3, 7 | P3, 7 | N | N |
| Two-Family Dwelling (Duplex) | N | N | S8 | P7, 9 | P7 | S7 | N | N |
| Commercialized Residential: | ||||||||
| Apartments/Townhouses/ Multi-Family Dwellings (5 or more units per building) | N | N | N | S7, 9 | P7 | P7 | S7 | N |
| Assisted Living Facilities | N | N | S | S | S | S | S | N |
| Bed and Breakfast/Boarding House | N | S | S | P | P | P | S | N |
| Condominiums | N | N | P2, 8 | P2, 8 | P | P | S | N |
| Congregate Residence | N | N | S | S7 | P7 | P7 | S7 | N |
| Hotel/Motel | N | N | N | S | P | P | P | S |
| Manufactured Home Park and Mobile Home Park | N | N | S4, 10 | S4, 10 | S4, 10 | S4, 10 | N | N |
| Rooming House | N | N | S | P | P | P | S | N |
| RV Park (recreational vehicle) | N | N | N | S | S | S | S | N |
| Retirement Home/Senior Housing | N | N | P2, 8 | P3, 7, 9 | P7 | P7 | S7 | N |
| Shelter Home | N | N | S | S7 | S7 | S7 | S7 | N |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Maximum of 2 dwelling units per building.
3. Maximum of 4 dwelling units per building.
4. Manufactured homes meeting the requirements of Class A or B (refer to 8-2-2 definitions) and conforming to zoning identified in this table are allowed, but are subject to meeting the requirements of the State of Idaho (ID-DOPL Licensed Installer, Proof of up- to-date taxes from previous location, etc.), U.S. Housing and Urban Development manufacturing requirements, and any other agencies that may have jurisdiction on the building, transport, and installation of the structure.
5. Specific regulations for inclusion of attached accessory structures: a. Intended use as independent suite/wing/attachment, also known as father/mother-in-law quarters, maid quarters, guest quarters, etc. b. Must have direct access to the inside of the home, and the lost must sill continue to comply with all coverage, set-backs, and height regulations for its zoning district (see 8-5-3). c. Allowed to have bedroom(s), bathroom(s), kitchenette (without 220 V-AC), laundry facilities, and separate access to the outside. d. Not allowed to have a separate mailbox, address, or utility connections (water, sewer, electric). e. Additional on-site parking is recommended but not required.
6. Specific regulations for a detached accessory residential guest house: a. Intended for temporary use stay by family, friends, and associates. b. Lot must still comply with all set-back, coverage, and height regulations for its zoning district (see 8-5-3). c. Only one (1) detached accessory guest house structure is allowed per lot in addition to the primary structure. Other non- habitable structures such as a shop or shed may be allowed in addition to the guest house; refer to item 6.b. above. Note: in most cases the “primary structure” is an existing home. d. Allowed to have bedroom(s), bathroom(s), kitchen, laundry facilities, and parking facilities. e. Not allowed to have a separate mailbox, address, or have more than 2,000 SF (not including the garage). f. May be allowed to have a separate driveway and utility connections if the site configuration and existing utilities facilitate the improvements.
7. More than one residential building (single family or multi-family) is allowed on the lot/property provided it complies with the requirements for its zoning district (see 8-5-3).
8. Floor Plan Livable Space must be at least 1,200 square feet for each unit (as measured to the outside of the walls).
9. Floor Plan Livable Space must be at least 1,000 square feet for each unit (as measured to the outside of the walls).
10. Manufactured Homes, Class C and Non-Conforming: a. Are not allowed by themselves on a City lot, but may be located in a Mobile Home Park Subdivision. b. Must be newer than 15 June 1976 and comply with all other State of Idaho requirements, U.S. Housing and Urban Development requirements, and requirements of any other agency with jurisdiction.
Services1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Advertising | N | N | N | S3 | P3 | P | P | P |
| Apparel repair and alteration | N | N | N | S | P2 | P | P | P |
| Automobile rental | N | N | N | S | P | P | P | P |
| Automobile repair | N | N | N | N | S2 | P2 | P | P |
| Automobile wrecking yard | N | N | N | N | N | N | S | P |
| Beauty and barber | N | N | N | P | P | P | P | P |
| Billboards1 | N | N | N | N | S | S | S | P |
| Building care contracting | N | N | N | P2 | P2 | P | P | P |
| Business associations | N | N | N | S3 | P2 | P | P | P |
| Car wash | N | N | N | S | P | P | P | P |
| Cemetery | S | N | N | N | S | S | S | S |
| Civic, social, and fraternal organizations | N | N | N | S2 | P | P | P | S |
| Construction trades | N | N | N | N | P3 | P2 | P | P |
| Consumer, credit, collection | N | N | N | S3 | P3 | P | P | S |
| Copy or duplication center | N | N | N | S3 | P | P | P | S |
| Dance, music, voice studio | S2 | N | S2 | S | P2 | P | P | S |
| Daycare/day nursery (commercial)4 | S | N | N | S | S | S | S | N |
| Daycare – home occupation (1 – 6 children)5,6 | P | P | S | S | S | N | N | N |
| Daycare – home occupation (7 – 12 children)6 | S | S | S | P | P | S | N | N |
| Employment | N | N | N | S3 | P3 | P | P | P |
| Equipment rental | N | N | N | N | P2 | P | P | P |
| Finance and investment | N | N | N | S | P | P | P | P |
| Frozen food lockers | N | N | N | S | P | P | P | P |
| Governmental facilities | N | N | N | S3 | P3 | P | P | P |
| Health club | N | N | N | S | P | P | P | P |
| Hospitals, clinics, and related services | N | N | N | S | P | P | S | N |
| Hotel/Motel | N | N | N | S | P | P | P | S |
| Industrial waste or produce water ponds | N | N | N | N | N | N | S | S |
| Insurance and related | N | N | N | S | P | P | P | P |
| Labor union and organizations | N | N | N | S3 | P2 | P | P | P |
| Landscaping | S | N | N | N | S | P | P | P |
| Laundering and dry cleaning | N | N | N | S | P | P | P | P |
| Laundromats | N | N | N | S | P | P | P | P |
| Mortuary/crematorium | S | N | N | S | P | P | P | N |
| News syndicate | N | N | N | N | P3 | P | P | P |
| Nursing and rest homes | S | N | N | S | P | P | S | N |
| Photo labs | N | N | N | S | P | P | P | P |
| Photography studios | N | N | S | S | P | P | P | P |
| Professional | N | N | N | S3 | P3 | P | P | N |
| Professional organizations | N | N | N | S3 | P2 | P | P | P |
| Real estate and related | N | N | N | P3 | P3 | P | P | P |
| Religious facilities | S | S | S | P | P | S | S | N |
| Rendering plant | N | N | N | N | N | N | S | S |
| Salvage or automobile wrecking yard | N | N | N | N | N | N | S | S |
| Schools, academic and vocational, public | S | S | S | S | P | P | S | N |
| Schools, commercial/private | S | S | S | S | P | P | S | N |
| Schools, public | S | S | S | S | P | P | S | N |
| Sewage lagoons | N | N | N | N | N | N | N | S |
| Small appliance repair2 | N | N | N | N | P1 | P | P | P |
| Small engine repair2 | N | N | N | S | P | P | P | P |
| Storage rentals | S2 | S7 | S7 | S2 | P2 | P | P | P |
| Telemarketing | N | N | N | N | P | P | S | N |
| Tire shop | N | N | N | N | S2 | P2 | P | P |
| Truck and tractor repair (agricultural) | N | N | N | N | S2 | P2 | P | P |
| Truck and tractor repair (commercial) | N | N | N | N | N | P2 | P | P |
| Upholstery repair | N | N | N | S2 | P2 | P | P | P |
| Welfare and charitable | N | N | N | S3 | P2 | P | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
3. Offices only.
4. Denotes a commercial daycare of 13 plus children and/or “not at home” occupation or a purposeful commercial operation.
5. Operations in existence before May 1, 2000, providing care for 7 plus children do not require a CUP in AL/RL or RM districts.
6. A caregiver’s children under age 6 count against the number of daycare children allowed.
7. Storage rental facilities developed in conjunction with the platting and approval of new subdivisions or planned unit developments may be permitted for the number of units not exceeding the number of developable lots, with the approval of a special use permit.
Signs1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Commercial | N | N | N | N | P | P | P | P |
| Directional/informational | P | P | P | P | P | P | P | P |
| Home | P | P | P | P | P | P | P | P |
| Property | P | P | P | P | P | P | P | P |
| Public | P | P | P | P | P | P | P | P |
| Temporary | P | P | P | P | P | P | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
Shoreline Development1,3,4:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Boat dock (attached) | S | S | S | S | S | S | S | S |
| Boat dock (unattached) | P | P | P | P | P | P | P | P |
| Boat launch/ramp | S | S | S | S | S | S | S | S |
| Boathouse2 | S | S | S | S | S | S | S | S |
| Dredging, grading, filling, or other earthmoving activity | S | S | S | S | S | S | S | S |
| Retaining wall | S | S | S | S | S | S | S | S |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Boathouse: Will be limited to 1 on premises boathouse for each lot and will not exceed a height of 15 feet and will not exceed a horizontal area of 400 square feet and will not be located closer than 10 feet to any property line.
3. Will require permits and/or approval from other regulatory agencies including, but not limited to, Idaho Department of Lands, U.S. Army Corps of Engineers, Idaho Department of Water Resources, Idaho Department of Fish and Game, U.S. Bureau of Reclamation, Idaho Power Company.
4. All shoreline development special use applications are $75.00.
Sports Facilities Land Uses1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Athletic areas | S | S | S | S | P | P | S | N |
| Bicycleway | S | S | S | S | S | S | S | N |
| Car racing track | N | N | N | N | N | N | S | S |
| Equestrianway | S | N | N | N | N | N | S | S |
| Go-cart tracks | S | N | N | N | S | S | S | S |
| Golf courses and country clubs | S | S | S | S | P | P | S | N |
| Golf driving ranges | S | S | S | S | P | P | S | N |
| Horseracing track | S | N | N | N | N | N | S | S |
| Ice or roller skating | N | N | N | S | P | P | S | N |
| Indoor recreational facility | S | N | S | S | P | P | P | P |
| Miniature golf | S | N | N | S | S | P | P | P |
| Motorcycle racing track | S | N | N | N | N | N | S | S |
| Paintball park or facility | N | N | N | S2 | P2 | P | P | P |
| Riding stable and schools3 | S | N | N | N | N | N | S | S |
| Rifle and pistol range1 | S | N | N | N | N | N | S | S |
| Skateboarding facilities/parks | N | N | N | S | P | P | S | N |
| Swimming pools, commercial and public | S | N | N | S | P | P | P | N |
| Tennis courts, commercial | S | S | S | S | P | P | P | N |
| Tennis courts, private | P | P | P | P | P | P | P | P |
| Tennis courts, public | S | S | S | S | P | P | S | N |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
3. Private riding arenas are for the personal use of the owners, owner’s family and friends where no commercial gain is realized.
Trade – Retail1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Alcoholic beverages, served | N | N | N | S | P | P | P | P |
| Alcoholic beverages, sold only | N | N | N | N | P | P | P | P |
| Apparel and accessories | N | N | N | S | P | P | P | P |
| Automobiles and trucks | N | N | N | N | S | P | P | P |
| Building material, hardware | N | N | N | N | P2 | P | P | P |
| Bulk fertilizer and farm chemicals | N | N | N | N | N | S | P | P |
| Convenience store | N | N | N | S | P | P | P | P |
| Drive-in establishments | N | N | N | S | S | P | P | P |
| Eating places | N | N | N | S | P | P | P | P |
| Farm and garden supplies | N | N | N | S2 | P2 | P | P | P |
| Food, drugs, liquor, etc. | N | N | N | S | P2 | P | P | P |
| Gasoline service stations | N | N | N | S2 | S2 | P | P | P |
| General merchandise | N | N | N | S | P2 | P | P | P |
| Home furnishings, appliances | N | N | N | S | P | P | P | P |
| Irrigation sales | N | N | N | N | S | P | P | P |
| Large implements and heavy equipment | N | N | N | N | S | P | P | P |
| Manufactured home sales | N | N | N | N | P3 | P | P | P |
| Petroleum | N | N | N | N | N | P2 | P | P |
| Sporting goods | N | N | N | N | P | P | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
3. Offices only. Land Uses Zoning Districts
Trade – Wholesale1,3:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Above grade bulk storage – combustible or flammable liquids3,4 | N | N | N | N | N | N | N | S |
| Below grade bulk storage – combustible or flammable liquids4 | N | N | N | N | S | S | S | P |
| Bulk fertilizer and farm chemicals4 | N | N | N | N | N | S | P | P |
| Bulk storage – combustible or flammable gases4 | N | N | N | N | S | S | S | P |
| Wholesale distribution and warehousing | N | N | N | N | N | P2 | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
3. Tanks not exceeding 3,300 gallons used strictly for the storage of “III B” liquids or tanks as defined in the international fire code, designed and approved with appropriate safeguards specifically for above grade use may be permitted when approved by the fire chief.
4. Shall have an approved risk management plan for all hazardous materials.
Transportation1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Airfields (private) | S | N | N | N | N | S | S | S |
| Airfields (public) | S | N | N | N | N | S | S | S |
| Automobile open parking lot | N | N | N | S | P | P | P | P |
| Bus facilities, excluding pick up shelters | N | N | N | N | S2 | P2 | P | P |
| Bus pick up shelters | S | S | S | S | P | P | P | P |
| Freight transfer | N | N | N | N | N | P2 | P | P |
| Helicopter landing pad | S | N | N | N | N | S4 | S4 | S4 |
| Railroad buildings and equipment | N | N | N | N | S3 | S | P | P |
| Tickets and arrangements | N | N | N | S3 | P3 | P | P | P |
| Truck and bus open parking lot | N | N | N | N | N | P | P | P |
| Trucking facilities | N | N | N | N | P3 | P3 | P | P |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.
3. Offices only.
4. Helicopter landing pads will be permitted in the zoning districts only by special use permits. Permits are required when associated with hospitals or other emergency related service provider.
Subdivision1:
| Land Use | AL | RL | RM | RH | CL | CG | IL | IH |
|---|---|---|---|---|---|---|---|---|
| Subdivision, commercial | N | N | N | N | P | P | S | S |
| Subdivision, industrial | N | N | N | N | N | N | P | P |
| Subdivision, manufactured home3 | S | N | S | S | S | N | N | N |
| Subdivision, mixed use2 | N | P | P | P | P | P | S | S |
| Subdivision, residential | P | P | P | P | S | N | N | N |
Notes:
1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.
2. Subdivision, Mixed Use: is a subdivision of a parcel into two or more lots that have different zoning classifications. All zoning classifications within this subdivision must fall within a range of five adjacent classifications. For example, a range from RM to IL would be acceptable, but RL to IL would not be acceptable (a span of six classifications). If the land to be used is large enough and a wider span of classifications is contemplated, then a PUD should be considered.
3. Manufactured Home Parks and Mobile Home Parks are permitted with a special use permit. a. If the roads and utilities are to become public (accepted and maintained by City), then minimum lot requirements apply (refer to 9-4-10), otherwise utilities and access shall be private. b. New Manufactured Home Parks that intend to include Class C and Non-conforming units shall be limited to 10 lots or less. (Ord. 2026-12, 1 Sep 2026)
8-5-3: SCHEDULE OF HEIGHT AND AREA REGULATIONS ADOPTED:
Zoning height, area, and setback regulations shall be set forth in the official schedule of height and area regulations.
OFFICIAL SCHEDULE OF HEIGHT AND AREA REGULATIONS
The following setbacks and minimum yard requirements shall apply in the respective zones. Setbacks shall be measured from property lines unless a property line is in the center of the road or street, in which case setback shall be measured from the road or street right of way. Setbacks shall be measured to the wall of a structure with projections of twenty four inches (24″) or less; for walls with projections greater than twenty four inches (24″) setbacks shall be measured to the projections. Projections over a public way are governed by this title and the international building code.
| Zoning District | Maximum Height1 | Front Setback5 | Rear Setback2 | Interior Side Setback7 | Side Street Setback6 | Maximum Lot Coverage | Minimum Lot Area (Acres/Sq Ft)3 |
|---|---|---|---|---|---|---|---|
| AL | 35′ | 30′ | 5′ | 5′ | 30′ | 30% | 1 acre4 |
| RL | 35′ | 20′ | 5′ | 5′ | 20′ | 30% | 6,100 |
| RM | 35′ | 20′ | 5′ | 5′ | 20′ | 40% | 3,000 |
| RH | 45′ | 20′ | 5′ | 5′ | 20′ | 50% | 1,500 |
| CL | 35′ | 20′ | 5′ | 5′ | 20′ | NR | 2,500 |
| CG | 45′ | 0′ | 0′ | 0′ | 0′ | NR | 2,500 |
| IL | 60′ | 0′ | 0′ | 0′ | 0′ | NR | 2,500 |
| IH | 60′ | 0′ | 0′ | 0′ | 0′ | NR | 2,500 |
Notes:
1. Except for silos, granaries, windmills and elevator legs.
2. Any building on residential lots that has garage doors opening toward the alley to the rear of the property shall be set back 20 feet from the rear property line unless permanently posted for “No Parking” on doors opening to the alley. The “No Parking” signs shall be of letters no less than 4 inches in height and of a permanent material and nature.
3. When more than 1 dwelling unit is placed on the same lot, parcel or tract, the minimum lot area will be required per unit.
4. If central water or sewer is provided then the minimum lot size may be reduced to 1/2 acre.
5. Front and side street setbacks from streets located within an approved rural subdivision may be reduced to 20 feet from the applicable street right of way.
6. Side street setback may be reduced to 10 feet from the applicable street right of way within city limits or platted subdivisions when said side street is not a front street for more than 50 percent of the lots in the block in which the lot is located.
7. Interior side setbacks may be reduced to 1 foot for noncombustible detached carports which contain the roof storm runoff to the property on which it is located. (Ord. 2026-12, 1 Sep 2026)
8-6: PERFORMANCE STANDARDS:
8-6-1: GENERAL:
The purpose of performance standards is to set specific conditions for various uses and classifications of uses of areas where problems are frequently encountered. (Ord. 2026-12, 1 Sep 2026)
8-6-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:
In addition to all yard regulations specified in the schedule of zoning regulations and in other sections of this title, the following provisions shall be adhered to:
A. Visibility At Intersections: On a corner lot in all districts where front and side setbacks are required, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (21/2) and ten feet (10′) above the centerline grades of the intersecting streets in the area bounded by the right of way lines of such corner lots and a line adjoining points along said street right of way twenty five feet (25′) from the point of intersection.
B. Fence And Wall Restrictions, Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of two and one-half feet (21/2′) and ten feet (10′).
C. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate district.
D. Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40′) to any lot line of a residential district, except that the minimum yard requirements may be reduced if acceptable landscaping, screening or other mitigating feature approved by the council is provided.
E. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which such are attached and shall not project into the required minimum front, side or rear yard. Eaves of two feet (2′) or less shall be disregarded for setback purposes.
F. Exceptions To Height Regulations: The height limitations contained in the official schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structure will constitute a hazard to the safe landing and take off of aircraft at an established airport.
G. Residential Uses In Nonresidential Zones: Lots used for residential purposes in nonresidential zones shall be governed by setback and use restrictions of lots in residential zones.
H. Regulations For Buildings Adjacent To River: Buildings adjacent to the Snake River:
1. Will have a minimum setback measured horizontally from the high water mark of any impounded water of the Snake River of twenty feet (20′).
2. Will have a minimum elevation for any finished floor level or top of foundation of six feet (6′) measured vertically from the high water mark of any impounded water of the Snake River.
3. Will have a minimum elevation for the finished surface grade of the general area of which the septic system drainfield will be installed of six feet (6′) measured vertically from the high water mark of any impounded water of the Snake River. The septic system drainfield shall also be located on the opposite side of the building from the river unless located no less than three hundred feet (300′) horizontally from the high water mark of the river. (Ord. 2026-12, 1 Sep 2026)
8-6-3: SUPPLEMENTAL GENERAL PROVISIONS:
In addition to all other regulations as specified in this title, the following provisions shall be adhered to:
A. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:
1. The building to be converted is located in a zoning district that permits the applicable multi-family use;
2. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
3. The lot area per unit equals the lot area requirements for new structures in that district;
4. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
5. The conversion is in compliance with all other relevant codes and ordinances.
B. Temporary Buildings And Concession Stands: Temporary buildings, construction trailers, equipment and materials may be used in conjunction with construction work in progress, but such temporary facilities shall be removed upon completion of the construction work. Temporary living accommodations shall not be permitted at a construction site unless approved by the administrator, proper permits are obtained and approved, and the temporary unit is removed immediately upon completion of the construction project. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning approval authorized by the administrator as set forth in section 8-13-1 of this title. Concession stands may not be located on private property in any residential zone.
C. Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building or carport; however, one boat and one travel trailer may be stored in the side or rear yard.
D. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid or sight obscuring fence or wall of at least four feet (4′) in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided.
E. Permits For Private Septic Systems Required: All persons putting in private septic tanks and drainfields shall first obtain a sewer system permit from the health authority before building permits may be issued as well as any zoning review to be conducted as set forth in the definition of “zoning review and certificates” in section 8-2-2 of this title. All septic systems shall be installed to the requirements as established by the state, federal, and local governments and as administered by the health authority. Septic tanks and drainfields are not permitted where city sewer service is reasonably available.
F. Development Close To An Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas as required by the state department of transportation, division of aeronautics and public transportation, and the federal aviation administration. (Ord. 2026-12, 1 Sep 2026)
8-6-4: PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES:
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises. Any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards are implemented to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:
A. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the adopted fire code and the national fire protection agency standards;
B. Odors Or Air Pollution: The emission of obnoxious odors of any kind, as well as any toxic or corrosive fumes or gases including, but not limited to, dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon or particulate matter or any combination thereof is not permitted as defined by IDAPA 58 – department of environmental quality (DEQ) specifications and/or standards;
C. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point. No electrical disturbance shall adversely affect the operation of any equipment at any point beyond the property of the emitter of such disturbance;
D. Noise: Objectionable noise as determined by the administrator, which is objectionable due to volume, frequency or beat, shall be muffled or otherwise controlled. Sirens and similar apparatus used solely for public purposes are exempt from this requirement;
E. Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property;
F. Glare: No direct or reflected glare shall be permitted which is directed toward and visible from any property outside a manufacturing district or from any street;
G. Erosion: No erosion, by man, wind, or water, shall be permitted which will carry objectionable substances onto neighboring properties;
H. Water Pollution: Water pollution shall be subject to the requirements and regulations established by state and federal law;
I. Hazardous Chemical, Hazardous Material, Storage, Use And Dispensing Facilities: Facilities storing, transferring or otherwise using hazardous materials as defined in occupational safety and health administration (OSHA) and/or the Mayor’s office of transportation (DOT) specifications and/or standards shall be required to provide to the city of Minidoka a risk management plan (RMP) for approval by the city of Minidoka demonstrating that a release of the hazardous substance(s) does not pose a threat to the public and must be submitted with any construction documents or submittals that are presented for any zoning and/or building permit application. As a minimum, the hazard assessment shall include the preparation and reporting of worst case release scenarios for each structure under consideration, showing the potential effect on the public for each. As a minimum, the worst case event shall include the complete failure (instantaneous release of entire contents) of a vessel, piping system, or other storage structure. A worst case event includes, but is not limited to, a release during the design wind or design seismic event as well as accidental damage caused by equipment or vehicles either by impact or failure. In this assessment, the evaluation of the effectiveness of subsequent measures for accident mitigation shall be based on the assumption that the complete failure of the primary storage structure has occurred. The off site impact must be defined in terms of population within the potentially affected area. As a minimum, the prevention program shall consist of the comprehensive elements of process safety management, which is based upon accident prevention through the application of management controls in the key areas of design, construction, operation, and maintenance. Secondary containment of the hazardous substances (including, but not limited to, double wall tank, dike of sufficient size to contain a spill, or other means to contain a release of the hazardous substances within the property boundary of the facility and prevent release of harmful quantities of contaminants to the air, soil, groundwater, or surface water) are permitted to be used to mitigate the risk of release. The hazard assessment shall demonstrate that a release of the hazardous material from a worst case event does not pose a threat to the public outside the property boundary of the facility. As a minimum, the emergency response plan shall address public notification, emergency medical treatment for accidental exposure to humans, and procedures for emergency response to releases that have consequences beyond the property boundary of the facility. The emergency response plan shall address the potential that resources for response could be compromised by the event that has caused the emergency.
J. Enforcement Provisions: The administrator, prior to granting zoning approval as set forth in section 8-13-1 of this title, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances; and
K. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the United States bureau of mines, the health authority and the Manufacturing Chemists Association, Inc., Washington, DC. (Ord. 2026-12, 1 Sep 2026)
8-6-5: RESERVED:
8-6-6: PROVISIONS FOR UNIQUE LAND USES:
Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:
A. Accessory Building In Residential Zones:
1. Will not be located in any required front yard area; and
2. Will not be located closer than five feet (5′) from any side or rear property line.
B. Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300′) from any residence including motels and hotels, except for an owner’s residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property and will comply with all state and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.
C. Meatpacking, Processing Plants And Slaughterhouse Facilities:
1. Will be located not less than one thousand feet (1,000′) from any residence, except for an owner’s residence. This restriction may be waived if affected property owner gives written permission to the council;
2. Will be designed and located with full consideration to their proximity to adjacent use, their effect upon adjacent and surrounding properties, and to the reduction of nuisance factors; and
3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.
D. Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:
1. Will be located at least three hundred feet (300′) from a residential zone, a residence, motel, and hotel, except for an owner’s residence;
2. Will be erected subject to the approval of the fire chief or fire marshal; and
3. Will have suitable loading and unloading spaces and off street parking facilities, subject to the approval of the fire chief or fire marshal.
E. Chemical, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal.
F. Contractor’s Yard:
1. Will be located a minimum distance of three hundred feet (300′) from any residence except for any owner’s residence; or will have a sight obscuring fence around areas utilized for storage of materials and equipment; and
2. Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
G. Drive-In Restaurant:
1. Will be maintained in a neat and orderly condition to prevent trash from moving onto other properties;
2. Will have a six foot (6′) high sight obscuring fence along the property lines that adjoin an existing residence or residentially zoned area;
3. Will provide for adequate trash receptacles; and
4. Will not direct night lighting toward any residence.
H. Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activity:
1. Will result in the smallest amount of bare ground exposed for the shortest time feasible;
2. Will provide temporary ground cover, such as mulch;
3. Will use diversions, silting, basins, terraces and other methods to trap sediment;
4. Will provide lagooning in such a manner as to avoid creation of fish trap conditions;
5. Will not restrict a floodway, channel or natural drainageway;
6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;
7. Will not have below grade excavation except for drainageways within fifty feet (50′) of any lot line or public right of way; and
8. Will restore topsoil or loam to a depth of not less than four inches (4″).
I. Boathouse:
1. Will only be located within a shore lot;
2. Will be limited to one on premises boathouse for each shore lot;
3. Will not exceed a height of fifteen feet (15′);
4. Will not exceed a horizontal area of four hundred (400) square feet; and
5. Will not be located closer than ten feet (10′) to any property line.
J. Home Occupation:
1. No more than one person other than members of the family residing on the premises shall be engaged in such occupation.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of any of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign as allowed in this chapter.
4. If the dwelling or an accessory building is used as a home office for a business that provides services at other locations, no storage of material or equipment will be allowed outside of an enclosed building. Temporary or overnight parking of licensed vehicles, used for related services at other locations, is permitted. Yards for storage of materials or equipment will not be considered as part of a home occupation and shall comply with the specific requirements of that use.
5. No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title, and shall not be located in a required front yard.
6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
7. Home occupations shall be conducted completely inside the dwelling, enclosed garage or other building accessory to the dwelling.
K. Manufactured Or Mobile Homes:
1. A manufactured or mobile home shall not be moved onto a site or occupied before a building permit has been issued;
2. At least one inspection after the permit is issued shall be to verify compliance with applicable zoning, health, installation, and building requirements;
3. A permit shall be required for all classes of manufactured homes and shall be in addition to any other required zoning, permit, or hookup fees;
4. Manufactured or mobile homes as defined in this title shall only be used for residential purposes; and
5. Manufactured or mobile homes that are no longer occupied and have become run down, dilapidated or deemed unsafe or a public nuisance shall be removed and/or disposed of at the owner’s expense.
L. Manufactured (Mobile) Home Parks Or Courts:
1. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity so that such use will not change the essential character of the same area;
2. Will not be hazardous or detrimental to existing or future neighboring uses;
3. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools, or the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;
4. Will be consistent with the intent and purpose of this title and the comprehensive plan;
5. Will have vehicular approaches to the property which shall be designed as not to create an interference with traffic in surrounding streets or roads;
6. Will not result in the destruction or damage of natural, scenic or historic features of major importance;
7. Will meet the minimum health standards as set forth and administered by the appropriate health authority;
8. Will have a minimum of eight feet (8′) separation between manufactured home units. Garages, carports or any other accessory buildings shall be located at least eight feet (8′) from all manufactured homes other than the one they are intended to serve;
9. Will provide two (2) off street parking spaces for each mobile home parking space; and
10. Will be a minimum total area of two (2) acres for the manufactured home park or court including common areas, buildings, and facilities.
M. Outdoor Storage Of Commercial And Industrial Materials:
1. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and
2. Will not be located in any front yard setback area.
N. Riding Stables And Schools:
1. Will locate all stables or loafing sheds not nearer than one hundred feet (100′) from any residence, except for an owner’s residence. All facilities shall be set back a distance of thirty feet (30′) from any property lines;
2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers, and the factors of noise and odor; and
3. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.
O. Rifle And Pistol Range:
1. Will be designed with a backstop;
2. Will be designed to avoid a line of fire that is directed toward any residence or business within one mile;
3. Will incorporate landscaping that is compatible with the surrounding landscaping; and
4. Will provide supervision and security measures during periods of use.
P. Salvage Yard:
1. Will be completely enclosed by a solid six foot (6′) high sight obscuring fence;
2. Will not result in the storage of automobiles, junk or salvage material that is visible from any public right of way;
3. Will not result in the storage of materials that exceed the height of fence;
4. Will have landscaping that is compatible with the surrounding area; and
5. Will comply with other regulations or ordinances adopted by the appropriate jurisdiction.
Q. Abandoned, Junked Property: No person shall place, allow, discard, maintain, park or store for a period of time exceeding forty eight (48) hours any dismantled, abandoned, junked, damaged, unlicensed or destroyed motor vehicles, equipment, machinery or miscellaneous property. The provisions of this subsection shall not apply to any lawfully operated business when otherwise permitted and in compliance with this and all other applicable ordinances, or when said motor vehicles, equipment, machinery or miscellaneous property is housed entirely within an enclosed building.
R. Livestock: Unless otherwise regulated in this chapter or any other applicable ordinance the keeping of livestock shall comply with the following provisions:
1. On any lot, tract or parcel not zoned agricultural within the cities, city areas of impact, or any rural residential subdivision having an enclosed pasture of at least one-half (1/2) acre, fenced to hold or contain livestock, the owner, renter or occupant thereof may have not more than one head of horses, mules, cattle or any combination of said animals for each full one-half (1/2) acre of enclosed pasture; or, not more than two (2) swine or three (3) sheep or goats, or combination thereof for each full one-half (1/2) acre of enclosed pasture; or, such owner, occupant or renter may have and keep one horse, mule or head of cattle, or any of the same, in combination with two (2) swine or three (3) sheep or goats or combination thereof on each full one acre of enclosed pasture.
2. Reserved.
3. Waste and runoff shall be contained completely on the premises and not allowed to enter any river, stream, drain ditch, canal, or lateral. The keeping and maintaining of livestock and pets shall also comply with other livestock and animal control provisions of this title or other ordinances or regulations as adopted by the appropriate jurisdiction.
S. Reserved.
T. Refuse, Solid Waste, Stagnant Water: No person shall permit or suffer to be or accumulate in or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him within the city limits or area of impact, any stagnant or impure water, refuse, vegetable decay or decaying substance, human or animal discharge, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance.
U. Recreational Vehicles: It is prohibited to place and occupy a recreational vehicle on any lot or parcel except in an approved recreational vehicle or manufactured home park, subject to the following exceptions:
1. Temporary occupancy of up to fourteen (14) days of a recreational vehicle for use by friend or family of owner or occupant. (Ord. 2026-12, 1 Sep 2026)
8-6-7: PROVISIONS FOR GOVERNING BILLBOARDS AND SIGNS:
The purpose of this section is to control and regulate the erection and maintenance of signs, in the interest of public safety, to promote and enhance property values, and to encourage the design of signs to be in harmony and compatible with the overall street or road setting and the neighborhood character.
A. Definitions: For purpose of this section, certain terms, phrases, or words used herein shall be defined in chapter 2 of this title.
B. Exempt Signs: The following types of signs, when not illuminated, do not require permits and are not subject to the general requirements of this section:
1. Directional or informational signs bearing no advertising message located within a parcel and signs not exceeding sixteen (16) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities;
2. Memorial signs or tablets and names of buildings and dates of erection when mounted on or cut into the surface or facade of the building;
3. Traffic or other county/city signs, signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board of county commissioners or the applicable city council;
4. Signs placed by public utilities showing the location of underground facilities;
5. Project or construction signs when referring solely to the principal use of the property;
6. Home signs located on the parcel of the applicable residence or home occupancy; and
7. Property and temporary signs.
C. Prohibited Signs:
1. No sign or sign structure, other than those approved by the jurisdiction having authority shall be placed upon any road or highway right of way; and
2. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display.
D. General Regulations:
1. In addition to the requirements herein provided the installation of signs and billboards shall be governed by applicable provisions of the currently adopted international building code.
2. Sign projections over a public right of way, if permitted, will be governed by the applicable standards as established by the authority having jurisdiction as well as provisions provided in this section.
3. No sign or sign structure shall be placed on private or public property without the written consent of the owners or agents thereof.
4. No sign facing the side or rear property line of an abutting residential property shall be located within fifty feet (50′) of such side or rear property line.
5. Flashing and/or animated signs shall be prohibited within three hundred feet (300′) of any residential zoning district.
6. For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign and its location shall govern:
a. No projecting sign shall be erected in the same horizontal plane with other projecting signs unless the sizes are spaced as set forth herein, measured center to center.
b. Projecting signs three feet (3′) or less in depth shall be spaced no less than ten feet (10′) apart.
c. Projecting signs more than three (3) to six feet (6′) in depth shall be spaced no less than twenty feet (20′) apart.
d. Projecting signs more than six feet (6′) in depth shall be spaced no less than thirty feet (30′) apart.
e. Any projecting sign erected at a shorter distance than required above shall be erected above the top edge or below the bottom edge of the blanketed sign.
E. Home Signs:
1. One accessory nameplate and home occupation sign or combination is permitted for each dwelling.
2. In RL, RM and RH zoning districts, the erection of such signs are subject to the following design standards:
a. Each sign shall not exceed four (4) square feet in area and may be illuminated by external illumination only.
b. Home occupation signs must be attached flatly to the building and must not exceed the height of the eave line.
3. In other than RL, RM and RH zoning districts, the erection of such signs are subject to the following design standards:
a. Each sign shall not exceed sixteen (16) square feet in area and may be illuminated by external illumination only.
b. Home occupation signs located in the front yard shall be positioned so as not to obstruct vision at intersections or for access driveways.
4. Any home occupation sign not complying with these provisions may be permitted only with the granting of a special use permit.
F. Billboards:
1. Billboards shall be permitted as established in the official schedule of zoning regulations only adjacent to state highways;
2. Billboards may be permitted as established in the official schedule of zoning regulations adjacent to other arterial streets or roads with the approval of a special use permit;
3. Billboards shall be located within one hundred feet (100′) of the street, road, highway or interstate right of way;
4. Billboards shall not exceed a height of fifty feet (50′) from the base of the sign or twenty five feet (25′) from above grade level of the right of way, whichever is less;
5. Billboards shall not exceed three hundred twenty (320) square feet in area;
6. Billboards may be allowed two (2) faces or back to back sign faces, provided there is no more than five feet (5′) separating the sign faces;
7. Billboards shall not be located any closer than one thousand feet (1,000′) from any other billboard measured from center of sign to center of sign in the direction of the traffic being served on any given side of the street, road or highway;
8. Billboards located on intersecting streets, roads or highways shall not be located any closer than one thousand feet (1,000′) from any billboard located on an intersecting street, road or highway;
9. Billboards shall not be located within four hundred feet (400′) of any residential zoning district;
10. Billboards’ primary structure shall be of painted noncombustible material and monopole design; and
11. Illumination of billboards shall be limited to the hours between dusk and dawn.
G. Temporary And Nonconforming Signs:
1. Those signs herein designated as being temporary signs shall be completely removed by the owner of the sign or by the owner of the property upon which the sign is located at the expiration of the time during which the sign was permitted.
2. Temporary signs may be permitted past the established expiration date with the approval of special use permit.
3. Nonconforming signs shall be deemed to be a conforming use and/or structure and any owners of such signs may continue use and normal maintenance.
4. Nonconforming signs may only be expanded or enlarged with the approval of a special use permit. (Ord. 2026-12, 1 Sep 2026)
Sagacity 