These regulations shall be known and cited as the CITY OF MINIDOKA SUBDIVISION ORDINANCE. (Ord. 2026-13, 1 Sep 2026)
9-1-2: AUTHORITY:
These regulations are adopted pursuant to title 50, chapter 13 and title 67, chapter 65 of the Idaho Code. (Ord. 2026-13, 1 Sep 2026)
9-1-3: PURPOSE:
The purposes of these regulations are to promote the public health, safety, general welfare, and to provide for:
A. The harmonious development of the city;
B. The coordination of streets, alleys and easements in new subdivisions with existing and future development and improvements;
C. Adequate park and open spaces for travel, light, fresh air and recreation;
D. Adequate transportation, water, sanitary drainage, irrigation and other public services and facilities;
E. Economical development and extension of public facilities and services to meet the demands of growth;
F. An orderly and efficient procedure for submission and disposal of requests for approval of subdivision plats;
G. The delegation of authority for administration of these regulations. (Ord. 2026-13, 1 Sep 2026)
9-1-4: JURISDICTION:
These regulations shall apply to the subdivision and development of all land within the incorporated territory of the city, including the property within the area of impact of the city under section 50-1306, Idaho Code as defined by previous ordinance, including the property within one mile of the corporate limits of such city under the provisions of section 50-1306, Idaho Code. (Ord. 2026-13, 1 Sep 2026)
9-1-5: INTERPRETATION:
All subdivisions as herein defined shall be submitted for approval of the council and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances, or resolutions, the more restrictive requirements shall apply. This title shall not apply to any subdivision created and recorded prior to the effective date hereof, except for the further dividing of lots; nor is it intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances, or regulations, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the city is a party. (Ord. 2026-13, 1 Sep 2026)
9-1-6: ADMINISTRATION:
The city council shall administer this title, consistent with title 8, chapter 12 of this code, and shall receive and act upon all subdivision applications. (Ord. 2026-13, 1 Sep 2026)
9-1-7: COMBINING OF PERMITS:
The council is hereby required to combine all permits which may be required in this title and previously or subsequently adopted city ordinances which are relative to land development into one permit application procedure. In conjunction with a combined permit, the council shall coordinate methods of approval with the respective departments for the purpose of reducing errors and unnecessary delay in processing applications. (Ord. 2026-13, 1 Sep 2026)
9-1-8: SEVERABILITY:
Where any word, phrase, clause, sentence, paragraph, or section, or other part of these regulations is held invalid by a court of competent jurisdiction, such judgment shall affect only that part so held invalid. (Ord. 2026-13, 1 Sep 2026)
9-2: SUBDIVISION DEFINITIONS:
9-2-1: INTERPRETATION OF TERMS OR WORDS:
For the purposes of these regulations, certain terms or words used herein shall be interpreted as follows:
A. The present tense includes the past or future tense, the singular includes the plural and the plural includes the singular;
B. The word “shall” is mandatory; “may” is permissive; the word “should” is preferred; and
C. The masculine shall include the feminine.
9-2-2: MEANINGS OF TERMS OR WORDS:
BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.
BUILDING: A structure designed or used as the living quarters for one or more families, or the structure designed or used for occupancy by people for commercial or industrial uses.
BUILDING SETBACK LINE: An imaginary line established by subdivision regulations and zoning provisions requiring all buildings to be set back a certain distance from lot lines and street rights of way.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.
CEMETERY: A lot that has been planned for the selling of sites for the burial of animal or human remains.
COUNCIL: The mayor and city council as appointed by the council to administer this title, having jurisdiction over the parcel of land under consideration.
COMPREHENSIVE PLAN: A plan, comprehensive plan, or comprehensive development plan adopted by the local authority and showing the general location and extent of present and proposed development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools and other community facilities.
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 combination thereof.
COUNCIL: The city council of the municipal governing body.
COUNTY RECORDER: The office of the county recorder.
COVENANT: A written promise or pledge.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the city as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DWELLING UNIT: Any building or other structure, proposed or built for occupancy by people.
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: A grant by a property owner to specific persons or to the public to use land for specific purposes.
ENGINEER: Any person who is licensed in the state to practice professional engineering.
GOVERNING BODY: The mayor and city council of the city of Minidoka, Idaho.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.
LARGE SCALE DEVELOPMENT: A subdivision the size of which consists of thirty (30) or more lots or dwelling units.
LOT: A parcel, plot, tract, or other land area of suitable size as required in these regulations and existing zoning ordinances; and created by subdivision for sale, transfer, or lease.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights of way.
LOT TYPES: As used in these regulations, lot types are as follows: Corner Lot: A lot located at the intersection of two (2) or more streets; or, a lot bounded on at least two (2) sides by the same street. Interior Lot: A lot other than a corner lot, with frontage on only one street. Reversed Lot: A lot with frontage on a side street or other right of way other than an interior or corner lot. Through Lot: A lot with frontage on more than one street, not a corner lot. Also known as a double frontage lot. Through lots are prohibited under these regulations unless such a lot meets the criteria of a “backup lot” in subsection 9-4-10F of this title.
MOBILE HOME: A single-family dwelling designated for transportation after fabrication on streets and highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A prefab dwelling unit or travel trailer is not to be considered as a mobile home. A travel trailer is one that can legally be towed by passenger car.
MOBILE HOME PARK: A park designed and intended for purposes of rental spaces where residence is in mobile homes exclusively.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where residence is in mobile homes exclusively.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to permanently establish any tract, parcel, lot or street lines, as specified in section 50-1303, Idaho Code.
OPEN SPACE: An area open to the sky for outdoor recreation activity. Streets, buildings, or other covered structures are not included in computing these areas.
ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the county recorder, each one- sixteenth (1/16) of a section (40 acres) or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this title.
OWNER: The individual, firm, association, syndicate, partnership, or corporation having proprietary interest in the land to be subdivided.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk and recorder 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 amount of the bond shall be set by the council in its sole discretion.
PLANNED UNIT DEVELOPMENT: A use or a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling or renting individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings as governed by the zoning title. The requirements of this title may be modified by the council to achieve the best possible planned development for the specific site under consideration.
PLAT: The drawing, mapping, or planning of a subdivision, cemetery, townsite or other tract of land or a replatting of such including certifications, descriptions and approvals.
A. Preliminary Plat: The first formal presentation by maps or drawings of a proposed subdivision, as required in these regulations.
B. Final Plat: The final and formal presentation by maps or drawings of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder.
RESERVE STRIP: A strip of land between a dedicated street or partial street and adjacent property, in either case, reserved or held in public ownership for future street extension or widening.
RIGHT OF WAY: A strip of land dedicated or served for use as a public way of which normally includes sidewalks and other public utilities of service areas.
SIDEWALK: That portion of the street right of way outside the street pavement, which is improved for pedestrian use (also known as a walkway).
STANDARD SPECIFICATIONS: Shall be the specifications as may be specified in this title or as officially adopted by the city.
STATE: The state of Idaho.
STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term “street” also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and similar terms. Some related terms and definitions are as follows: Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street. Arterial: A street designated for the purpose of carrying fast and/or heavy traffic. Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets. Commercial: A street designated for the purpose of providing traffic movement in a commercial area. Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround space. Dead End: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus. Frontage: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties. Industrial: A street designated for the purpose of providing traffic movement in an industrial area. Loop: A minor street with both terminal points on the same street of origin. Minor: A street which has the primary purpose of providing access to abutting properties. Partial: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land. Private: A street which provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance. Side Street: A secondary street that provides access to a corner lot toward which the principal building is not oriented.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of the ordinance; the subdivider need not be the owner of the property, however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: The division of an original lot, tract, or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development; the dedication of a public street and the addition to, or creation of, a cemetery. However, this title shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recordage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat;
B. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
D. Widening of existing streets to conform to the comprehensive plan;
E. The acquisition of collector and arterial street rights of way by a public agency in conformance with the comprehensive plan; and
F. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage of the properties involved.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
TRAVEL TRAILER PARK: Rental space for travel trailers on a limited basis.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, storm drains, and similar facilities providing service to and used by the public.
VARIANCE: A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area. (Ord. 2026-13, 1 Sep 2026)
9-3: PROCEDURE FOR SUBDIVISION APPROVAL:
9-3-1: SUBDIVISION REQUIRED:
Any person desiring to create a “subdivision” as herein defined shall submit all necessary applications to the Clerk. No final plat shall be recorded with the County Recorder until the plat has been acted upon by the council and approved by the Council. No lots shall be sold from any plat nor building permits issued until it has been recorded with the County Recorder. Unless modified by action of the Council, the provisions of this chapter shall also apply to planned unit developments. (Ord. 2026-13, 1 Sep 2026)
9-3-2: PREAPPLICATION:
A. Application: To begin the preliminary plat process, the applicant shall submit a completed subdivision preapplication form as provided by the City to the Mayor’s office. The sketch plan shall include the entire development scheme of the proposed subdivision, in schematic form including the area proposed for immediate development in such a form and content as required by the council and shall include the following:
1. The general layout of streets, blocks, and lots in sketch form.
2. The existing conditions and characteristics of the land adjacent to the proposed subdivision.
3. Areas set aside for schools, parks and other public facilities.
B. Fee: None required.
C. Preapplication Approval Procedure: The applicant shall submit the preapplication and plans to the Clerk. After determining a complete application, the Building Official will schedule, within thirty (30) days, a meeting to review the application with representatives of the local fire district and any other applicable utility or agency. At the aforementioned meeting, the applicant shall present the preapplication and intent for review and comment by the Building Official and other agency representatives. The Building Official and the other agency representatives will review the preapplication to determine its compliance with this title as well as the following concerns:
1. The compliance of the proposed development with existing City, local or State policies, goals and objectives or development plans;
2. Determination of potential conflicts which may require a rezone, special development permit, or variance and whether such requirements can be combined into one permit;
3. Advise the applicant of any unique environmental or hazardous concerns that may be directly or indirectly associated with the subject property such areas that have been designated by the State as areas of critical environmental concern, unique plant or animal life, floodplain, airport flight pattern and the like; and
4. Provide the applicant with all necessary forms and checklists. (Ord. 2026-13, 1 Sep 2026)
9-3-3: PRELIMINARY PLAT:
A. Application: Upon completion of the preapplication procedures, the applicant may file with the Clerk a complete subdivision application with preliminary plat data as required in this title.
B. Combining Processes for Both Preliminary and Final Plats: The applicant may also request that the subdivision application be processed as both a preliminary and final plat if the following conditions are met:
1. The proposed subdivision does not exceed ten (10) lots;
2. No major work is required on existing street network;
3. No major special development considerations are involved, such as infrastructure development or the like; and
4. All required information submittals for both preliminary and final plat are complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Mayor or the Mayor’s designee.
C. Content Of Preliminary Plat: Preliminary plat shall contain the information required under subsection D of this section. Additional maps or date deemed necessary by the Mayor’s office may also be required. The applicant shall submit to the Mayor’s office at least the following:
1. A preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated;
2. Preliminary engineered concept plans for electrical, streets, water, wastewater, sidewalks, and other required public improvements, including a master utility map; said engineered plans shall contain sufficient information and detail to enable the Building Official to make a preliminary determination as to conformance of the proposed improvements with applicable code, regulations, and standards as outlined in this title;
3. A written application requesting approval of the preliminary plat on a form prescribed by the Mayor’s office; and
4. Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large scale development, hazards and unique areas of development.
D. Requirement Of Preliminary Plats and Plat Applications: The following shall be shown on any preliminary plat submitted or shall be submitted:
1. Name of the proposed subdivision;
2. Names, addresses, and telephone numbers of the present owners of the property (with written and signed consent), the subdivider(s), the surveyor, and/or engineer;
3. Name and address of all adjoining property owners;
4. Legal description of the subdivision;
5. Statement of the intended use of the proposed subdivision, such as residential single-family; two-family and multiple housing; commercial; industrial; recreational; or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses;
6. Map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development;
7. Vicinity map showing the relationship of the proposed plat to the surrounding area (1/4 mile minimum radius, scale optional);
8. Land use and existing zoning of the proposed subdivision and the adjacent land;
9. Streets, street names, right of way and roadway widths, including adjoining streets or roadways;
10. Lot lines, dimensions and numbers, and the total number of lots by block;
11. Contours, shown at five foot (5′) intervals where land slope is greater than ten percent (10%) and at two foot (2′) intervals where land slope is ten percent (10%) or less, with an established bench mark, including location and elevation;
12. Site report as required by the appropriate health district where individual wells or septic tanks are proposed;
13. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrant, electric power lines, gas lines, cable lines, and wastewater lines;
14. Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such;
15. If a project is to be constructed/developed in phases, then the overall phasing shall be indicated in a detail on the preliminary plat, but the preliminary plat shall focus on the current phase of development being sought in the application.
16. Copy of any proposed restrictive covenants and/or deed restrictions or, if none, a statement that none are proposed;
17. Any additional required information for special developments as specified in chapter 6 of this title (such as for RV Parks, Cemeteries, Large Scale Developments, etc).
18. Statement as to whether or not a variance will be requested with respect to any provision of this title describing the particular provision, the variance requested, and the reasons therefor.
E. Preliminary Plat Fee: At the time of submission of an application for a preliminary plat a nonrefundable fee be paid, the amount which shall be set by resolution of the Council. There shall be no additional fee for the combining of the preliminary and final plats.
F. Submission Requirements: The Applicant shall have submitted the required preliminary plat and required supplemental material, and required fee to the Mayor’s office before scheduling and noticing a regular Council meeting.
G. Public Notification:
1. Posting Notice: For parcesl larger than five (5) acres, City will post a reasonable number of notices on or near the subject property under consideration to be subdivided. The location of the notices shall be on the closest public road(s), in visible locations, surrounding the subject property and erected at least fifteen (15) days prior to the Council’s meeting. Applicant shall be responsible to reimburse City for actual cost of posting notice.
2. Mailed Notice: City shall give actual written notice to every person residing within three hundred feet (300′) of any border of the proposed subdivision at least fifteen (15) days prior to the Council’s meeting. Applicant shall be responsible to reimburse City for actual cost of mailing notice.
3. Published Notice: City shall publish notice at least fifteen (15) days prior to the Council’s meeting and upload to its website. Applicant shall be responsible to reimburse City for actual cost of publishing notice.
H. Council Action: At the next regularly scheduled Council meeting, the applicant shall present the preliminary plat for action. The Council may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. The action, and the reasons for such action, shall be stated in writing by the Council and forwarded to the applicant.
I. Reconsideration: An applicant or affected person who appeared in person or in writing before the Council may, within fifteen (15) days of the Council’s action, submit a written request to the city clerk for the Council to reconsider its action. The Council shall respond in writing within fourteen (14) days of the filing of the request, either modifying its original action or affirming it.
J. Approval Period: Failure to record a final plat within one (1) year after action by the Council shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for prior to the expiration date and granted by the Council. (Ord. 2026-13, 1 Sep 2026)
9-3-4: FINAL PLAT:
A. Application: After the approval or conditional approval of the preliminary plat, the applicant may cause the subdivision, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The applicant shall submit to the council the following:
1. An original of the final plat that conforms to the approved preliminary plat under 9-3-3.
2. Verification that the engineer construction plans have been approved by the City, expressly including the Clerk and Building Official.
B. Content Of Final Plat: The final plat shall include and be in compliance with all items required under Idaho Code, 50-1304, which includes provisions such as being drawn to a scale to ensure clarity of lines and notations, using permanent ink or transfer process, type and size of paper/film. The final plat application packet shall include at least the following:
1. Written application for approval of such final plat as stipulated by the Council;
2. Proof of current ownership of the real property included in the proposed final plat;
3. Such other and further information as the Council may deem necessary including consents;
4. Conform with the approved preliminary plat and meeting all requirements or conditions of the Council;
5. Conform to all requirements and provisions of this title; and
6. Conform to local standards and acceptable engineering practices.
C. Council Review: The Council shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Council determines that there is a substantial difference between the final plat and what was considered as the preliminary plat, or that conditions of preliminary approval have not been met, the Council may require that the final plat be resubmitted in the same manner as required in the preliminary plat process.
D. Agency Review: The Mayor or the Mayor’s designee may transmit a copy of the final plat, or other document(s) submitted, for review and comment to such departments, agencies, districts, or others as deemed necessary to ensure compliance with the preliminary plat and all other conditions previously set. Such agency review shall also include the construction standards of improvements, compliance with health standards, an opinion of cost for all improvements, and the legal review of the performance bond to be issued to the City under section 9-3-5 of this chapter. The Mayor or the Mayor’s designee shall report the results of this review to the Council.
E. Council Action: At its next meeting following receipt of any agency review under subsection D of this section, the Council shall consider the record, together with findings and comments from concerned persons and agencies, and shall approve, approve conditionally, disapprove, or table the final plat for additional information. Approval shall require that the final plat conform to the requirements of this title applicable at the time of approval of the preliminary plat, to all conditions of preliminary approval, and to the requirements of Idaho law.
F. Approval Period: Final plat and covenants, if any, shall be filed by the applicant with the County Recorder within ninety (90) days after written approval by the Council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for and granted by the Council.
G. Prior to recording the final subdivision plat, the applicant shall submit to the Mayor’s office:
1. Approved copies of the final construction plans and specifications for streets, water, wastewater, stormwater, parks, gravity irrigation and pressure irrigation systems. All plans and specifications shall have sufficient detail, written information, vertical and horizontal dimensions to accurately locate the proposed improvements in the field and determine their relationship to other improvements. The City Building Official shall establish standards.
2. Financial guarantee of improvements pursuant to section 9-3-5 of this chapter.
3. Certification of water and wastewater plan approval from the Idaho Department of Environmental Quality.
4. Certification and signature of the Mayor or Building Official verifying that the subdivision meets the City requirements and has been approved by the Council.
5. If required for purposes of an allowed well and/or septic system, certification and signature of local or State health agency that all health requirements have been complied with or the required sanitary restriction set forth in title 50, chapter 13, Idaho Code has been placed thereon.
6. Street and utility plan approval from the Idaho Transportation Department or Minidoka Highway District, as required.
7. Gravity or other irrigation system plan approval from the Bureau of Reclamation or Minidoka Irrigation District, as required.
8. An executed developer’s agreement, if required by the City.
9. A recorded or recordable warranty deed or other valid and duly executed instrument of transfer to the City of Minidoka for surface or groundwater water rights for the land described on the plat, including the transfer of the water rights shares in any irrigation district where the land is located, unless otherwise agreed to between the City and the developer.
10. Signature on the plat of the Mayor’s office verifying that all conditions for approval of a final plat have been met as required either by a developer’s agreement, other City requirements or both. Upon approval of the final plat by the Council, and compliance with the foregoing then the applicant shall deliver the final plat to the County Recorder for recording.
H. Method of Recording:
1. Once Council has approved the proposed final plat, applicant shall prepare a hard copy of the final plat under Idaho Code 50-1304 and Minidoka County requirements.
2. Applicant is responsible to acquire each required signature on the plat and then record the plat with the Minidoka Recorder Office.
3. Applicant is responsible to provide an electronic copy of the recorded plat with instrument number listed to City. (Ord. 2026-13, 1 Sep 2026)
9-3-5: GUARANTEE OF COMPLETION OF IMPROVEMENTS:
A. Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements before recording of the final plat, the Council may permit the subdivider to execute a trust and escrow agreement and record a notice prohibiting the sale of an undeveloped lot without a recorded developer’s agreement between the subdivider and the City relating to that lot, or to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement:
1. Surety Bond:
a. Bond: The bond shall accrue to the City covering construction, operation and maintenance of the specific public improvement.
b. Amount: The bond shall be in an amount equal to one hundred ten percent (110%) of the total estimated cost for completing construction of the specific public improvements, as estimated by the developer’s consulting engineer and approved by the City Engineer.
c. Term Length: The term length in which the bond is in force, for the duration of that phase of the project, shall be for a period to be specified by the Council for the specific public improvement.
d. Bonding Or Surety Company: The bond shall be with a bonding or surety company authorized to do business in the State of Idaho, acceptable to the Council.
e. Cancellation Of Bond: Cancellation of the bond voids approval of the final plat; and no building permits may be issued for any further construction in the subdivision.
2. Cash Deposit, Certified Check, Negotiable Bond Or Irrevocable Bank Letter Of Credit:
a. Treasurer, Escrow Agent Or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the Council, shall be deposited with an escrow agent or trust company.
b. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred ten percent (110%) of the estimated cost of construction for the specific public improvement, as estimated by the developer’s consulting engineer approved by the Mayor or Building Official.
c. Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be until completed and accepted by the Mayor or the Mayor’s designee.
d. Progressive Payment: In the case of cash deposits or certified checks, an agreement between the Council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.
e. Removal Of The Cash Deposit: Removal of the cash deposit by anyone other than the City, revocation of the letter of credit, cancellation or removal of the certified check, negotiable bond or such surety allowed by the City, voids approval of the final plat; and no building permits may be issued for any further construction in the subdivision.
B. Conditional Approval Of Final Plat: With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:
1. The construction of improvements required by this title shall have been completed by the subdivider and approved by the City Engineer.
2. Surety acceptable to the Council shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety bond.
C. Developer’s Agreement: Unless waived by the City Council, before approving a final plat and construction plans and specifications for public improvements, an agreement between the developer or subdivider and the Council shall be made to provide for checking or inspecting the construction and its conformity to the submitted plans. The owner, if different from the developer or subdivider, shall be made a party to the agreement.
D. Action In Case Of Failure To Complete The Construction Of A Public Improvement: In the event the subdivider shall fail to complete such work within the period of time as required by the conditions of the guarantee or as otherwise agreed for the completion of public improvements the City may proceed to have such work completed, or in the sole discretion of the City, return any or all of the subdivision back to its condition as it more or less was prior to any plat approval or other development. In order to accomplish this, the Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the subdivider may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding or surety company, and as included in a written agreement as above provided. In addition to all other remedies, the City will not issue further building permits for the subdivision until the improvements are provided or the matter is otherwise resolved. If no improvements have been made, the City may void the approval of the final plat.
E. Security: The City will hold ten percent (10%) of security for a two (2) year warranty period from date of acceptance of said improvements. At the completion of the two (2) year warranty period a final inspection will be conducted. Any noted deficiencies in said final inspections must be corrected prior to the release of the remaining security held by the City. Balance of security will be paid within thirty (30) days of acceptance by City. Interest will not be paid on any security held by the City.
F. Final Plat And Covenants: Final plat and covenants, if any, shall be filed by the subdivider/developer with the County Recorder within ninety (90) days after written approval by the Council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for and granted by the council. No building permits may be issued for the subdivision until such recording has occurred. A copy of the recorded plat, as recorded, shall be given by the developer to the City. (Ord. 2026-13, 1 Sep 2026)
9-4: DESIGN STANDARDS:
9-4-1: MINIMUM DESIGN STANDARDS REQUIRED:
All plans submitted to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall fully comply with the minimum design standards set forth hereinafter in this chapter; provided, however, that any higher standards adopted by any highway district, state highway department or health agency shall prevail over those set forth herein. (Ord. 2026-13, 1 Sep 2026)
9-4-2: DEDICATION:
Arterial and collector streets shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. (Ord. 2026-13, 1 Sep 2026)
9-4-3: LOCATION:
Street and road location shall conform to the following:
A. Street Location And Arrangements: When a major street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans;
B. Local Or Minor Streets: Shall be so arranged as to discourage their use by through traffic;
C. Street Continuation And Extension: The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions unless otherwise approved by the council and the highway district or department having jurisdiction over such streets;
D. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas. A reserve strip may be required and held in public ownership;
E. Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients;
F. Alleys: Alleys shall be provided in multiple-dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end alleys shall be prohibited in all cases;
G. Frontage Roads: Where a subdivision abuts or contains an arterial street, it may be required in the discretion of the council that there be frontage roads approximately parallel to and on each side of such arterial street, and that there be such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic;
H. Cul-De-Sac Streets: Cul-de-sac streets are allowed when circumstances require, in the discretion of the city. When allowed, a cul-de-sac shall have a turnaround at the end of at least one hundred feet (100′) in diameter;
I. Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this title and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided bordering on an existing half or partial street, the other part of the street shall be dedicated with such tract; and
J. Private Streets: Private streets and roads shall be prohibited except within planned unit developments. (Ord. 2026-13, 1 Sep 2026)
9-4-4: SPECIFICATIONS:
A. Street Right of Way Widths: Street and road right of way widths shall conform to the adopted Transportation Master Plan or comprehensive development plan, Typical Sections, and the rules of the state department of highways and the highway district or department having jurisdiction; minimum right of way standards are as follows:
Street Type
Width
Width Of Pavement
Collector Street
80 feet
50 feet (lip to lip)
Minor Collector Street
66 feet
38 feet
Residential/Local Street
50 to 66 feet
Varies 34 to 38 feet
B. Street Grades: Street grades shall not exceed nine percent (9%) on either Local or Collector streets, and no street grade shall be less than five-tenths feet (5/10′) per one hundred feet (100′) or o.5% grade.
C. Vertical Street Alignment: Minimum sight distances shall be two hundred feet (200′) for Residential streets and three hundred feet (300′) for other streets. (Ord. 2026-13, 1 Sep 2026)
9-4-5: STREET NAMES:
The naming of streets shall conform to the following: street names shall not duplicate any existing street name except where a new street is a continuation of an existing street; street names that may be spelled differently but sound the same as existing streets shall not be used. (Ord. 2026-13, 1 Sep 2026)
9-4-6: INTERSECTIONS:
Intersections shall conform to the following:
A. Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no case, shall streets intersect at less than seventy-five degrees (75°);
B. Number Of Streets: No more than two (2) streets shall cross at any one intersection;
C. “T” Intersections: “T” intersections may be used wherever such design will not unduly restrict the free movement of traffic, Offset “T” intersections shall be far enough apart to facilitate storage for left turning traffic movements;
D. Vertical Alignment of Intersection: A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall extend fifty feet (50′) to one hundred feet (100′) each way from the center of the intersection. An allowance of two percent (2%) maximum intersection grade in flat or rolling terrain, and four percent (4%) in hilly terrain, will be permitted. (Ord. 2026-13, 1 Sep 2026)
9-4-7: PEDESTRIAN WALKWAYS:
Right of way for pedestrian walkways in the middle of long blocks shall be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the right of way shall be at least ten feet (10′) wide and shall extend entirely through the block. (Ord. 2026-13, 1 Sep 2026)
9-4-8: EASEMENTS:
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when necessary; total easement width shall be not less than twelve feet (12′) where lots adjoin. Unobstructed drainageway easements shall be provided as required by the council. (Ord. 2026-13, 1 Sep 2026)
9-4-9: BLOCKS:
A. Every block shall be so designed as to provide two (2) tiers of lots, except where lots back on to an arterial street, natural feature or subdivision boundary; blocks shall not be less than three hundred feet (300′) long in most all cases.
B. The length, width and shape of blocks shall be determined with due regard to adequate sites suitable to the special needs of the type of use contemplated; the zoning requirements as to lot size and dimensions; the need for convenient access, circulation, control and safety of street traffic; and the limitations and opportunities of topography. (Ord. 2026-13, 1 Sep 2026)
9-4-10: LOTS:
Lots shall conform to the following:
A. Residential Lot Minimums: Lots in residential low subdivisions shall have the following minimum sizes and characteristics:
1. Lots along roadways;
a. Six thousand one hundred (6,100) square feet;
b. Minimum road frontage length of sixty-five feet (65′).
2. Lots at the inside corner of an intersection or bend in road; a Seven thousand two hundred and twenty (7,200) square feet;
b. Minimum road frontage length of sixty-five feet (65′) along both roads.
3. Lots at the outside corner of a sharp bend in a road, or at the end of a cul-de-sac;
a. Six thousand one hundred (6,100) square feet;
b. Minimum road frontage length of forty feet (40′);
c. Sharp bend is one where the road centerline angle changes by fifty degrees (50°) or more.
B. Lot Lines: Side lot lines should be essentially at right angles to straight streets and generally conform to the radius of curved streets;
C. Corner Lots: Inside corner lots shall have sufficient extra width to facilitate the building setback from both streets;
D. Uninhabitable Areas: Land subject to flooding or which shall otherwise be deemed to be uninhabitable shall not be platted for residential purposes or for any other uses that may increase or create a danger to health, life or property or which may increase or create a flood hazard. Such land within a subdivision shall be set aside for other uses such as parks or other open space;
E. Backup Lots: Lots shall back into such features as freeways, collector streets, shopping centers or industrial properties, except where there is a marginal access street. Such lots shall contain a landscaped easement along the rear at least twenty feet (20′) wide in addition to the utility easement; the restricted access to the collector street will reduce noise effects and help protect outdoor living areas. Lots extending through a block and having frontage on two (2) local streets are to be discouraged and may be prohibited by the council;
F. Lot Frontage: All rectangular lots shall have at least sixty-five feet (65′) of frontage upon a publicly dedicated streets. Exceptions may be granted by the Council for an approved planned unit development;
G. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tank operations) the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated the plan thereof shall be approved by the council prior to the taking of such action; and
I. Further Subdivision; Variances:
1. Further Subdivision Of Lots: In order to protect the easements, traffic density and utility service plans of the city and the general plans of ingress and egress from a subdivision, the platted lots, as depicted on the final plat and as approved by the city, shall not be further subdivided without a submission of an amended subdivision plat and conforming with the requirements of this title for submission and approval of amended plats. Each final subdivision plat shall prominently display the following legend prior to approval: Important notice to owners and purchasers of lots in this subdivision: It is unlawful for any owner of a lot in this subdivision to further subdivide any lot in this subdivision without further formal compliance with the requirements of the City of Minidoka’s subdivision ordinance for approval of amended subdivision plats. The terms “further subdivide” shall include all definitions in the Minidoka City Code and Idaho state law, as well as any form of transfer of ownership of less than the entire lot or interest in a lot to any other person or entity, other than the granting of lawful and appropriate easements, lawful pledges or liens.
2. Variance To Prohibition Of Further Subdivision Of Lots: A lot owner who, because the prohibition against further subdivision, is placed in a position of hardship due to the unique circumstances of the lot in question as defined in title 8 of this code, may make written application to the city for a variance in the same manner and providing the same information as required in title 8 of this code. In addition thereto, the application shall provide the following:
a. An accurate survey with the proposed subdivision of the lot in question depicted thereon;
b. An accurate depiction of changes, additions or deletions of utilities easements;
c. A verified statement why application for an amended subdivision plat is either not feasible or impractical which shall include a statement as to why the request either does or does not affect other lot owners in the subdivisions and whether, in the opinion of the applicant, there are other lots in the subdivision that require similar variance or further subdivisions.
3. Procedure: The procedure for granting such a variance shall be as follows: The written petition, accompanied with payment of a fee in the amount set by resolution of the council, shall first be presented to the city council. The council shall then hold a public hearing on the petition, after giving notice by mail to the last known address to all owners of lots and persons using or occupying buildings or residences within the subdivision as well as giving notice as provided in subsection 9-3-3G of this title. If the council determines that it will waive the requiring of submission and approval of an amended subdivision plat, then it shall refer the matter to the mayor and city council. The procedure set forth in title 8 of this code, shall then apply to the consideration and granting of such application for variance by the mayor and city council. (Ord. 2026-13, 1 Sep 2026)
9-4-11: PLANTING STRIPS AND RESERVE STRIPS:
A. Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screens shall be a minimum of twenty feet (20′) wide, and shall not be a part of the normal roadway right of way or utility easement.
B. Reserve Strips:
1. Reserve Strips, Private: Privately held reserve strips controlling access to streets shall be prohibited.
2. Reserve Strips, Public: A one foot (1′) reserve may be required to be placed at the end or along “stub”, “dead end”, or half streets which terminate at subdivision boundaries. These reserves shall be deeded in fee simple to the city for future street purposes. (Ord. 2026-13, 1 Sep 2026)
9-4-12: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following:
A. Public Uses: Where a proposed park, playground, school or other public use shown on the comprehensive development plan is located in whole or part within a subdivision, a suitable area for this purpose shall be dedicated to the public or reserved for public purchase. If within two (2) years of plat recording, the purchase is not agreed on, the reservation shall be canceled or shall automatically cease to exist; and
B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved, insofar as possible, in the design of the subdivision. (Ord. 2026-13, 1 Sep 2026)
9-4-13: LARGE SCALE DEVELOPMENTS:
Large scale developments shall be governed by the following provisions:
A. Classification:
1. Large Scale Residential Developments: developments with 30 or more dwelling units. For example, 15 duplexes, 30 single family homes, or 8 four-plexes.
2. Large Scale Commercial Developments: developments with over 62,000 SF of warehouse floor space, or over 20,000 SF of retail/office space, or a combination of warehouse, retail, shop, and office space of over 62,000 SF.
B. Open Spaces and Public Sites Guidelines:
1. Large Scale Residential Developments shall provide one or more of the following:
a. Trails and Open Spaces: Minimum of 5% of the gross development land shall be dedicated to access to, parking for, and open space/trail area. Trails are to be at least twenty-five (25) feet wide between fences to avoid a narrow corridor. Trails and open spaces are to be landscaped. Park areas that do not have playground equipment, shade structures/pavilions, sports fields, etc. are considered open space.
b. Sports Fields: Minimum of 4% of the gross development land shall be dedicated to access to, parking for, and the sports field area. Sports fields include developed facilities for baseball, soccer, football, and similar sports.
c. Parks: Minimum of 3% of the gross development land shall be dedicated to access to, parking for, and the developed park area. Parks shall have picnic areas with shade structures, playground equipment, fencing, hard surfaces, walkway, etc. The amount of playground equipment shall be proportional to the size of the park area. Parks where at least 55% of the playground equipment and play areas are ADA accessible may have the percentage of the gross development area required for park dedication reduced to 2%.
d. Sports Courts: Minimum of 2% of the gross development land shall be dedicated to access to, parking for, and the sports courts area. Sports courts include all-weather hard-surfaced fenced areas for tennis, pickleball, basketball, and similar sports.
e. Recreation Centers/Club Houses: Minimum of 1.5% of the gross development land shall be dedicated to access to, parking for, and the developed recreation center/club house area.
f. Combination of two or more of items A through E may be acceptable, the Mayor or the Mayor’s designee shall determine the amount of minimum percentage of gross development land is required to satisfy the requirements of this section.
g. The residential developer may request the City consider receiving and maintaining open spaces and public sites constructed by a developer through dedication and acceptance as part of the platting process and through a Developer Agreement.
2. Large Scale Commercial Developments shall provide one or more of the following:
a. Landscape areas along the borders of the development and around parking/access areas. Minimum of 2% of gross development land shall be dedicated to landscaping areas.
b. Trails/Greenbelts running through the development and connecting to other adjoining properties and public park space. Minimum of 1% of gross development land shall be dedicated to trails and greenbelts. Trails and greenbelts shall be at least thirty (30) feet wide and landscaped. Landscaping within public right-of-way does not count toward fulfilling this requirement. Greenbelts and trails shall be arranged to periodically be adjacent to publicly accessible parking areas to facilitate public use of greenbelts and trails.
c. Cash contribution to City for improvements to other existing City parks that are within 1.5 miles of the proposed large scale commercial development. Cash contributions shall be roughly equivalent to the value of the commercial land with its landscaping improvements that would have otherwise been dedicated by the development. (Ord. 2026-13, 1 Sep 2026)
9-5: IMPROVEMENT STANDARDS:
9-5-1: PURPOSE:
It is the purpose of this chapter to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administration, planning design, construction, and financing of public facilities and to further establish procedures for assuring compliance with these requirements. (Ord. 2026-13, 1 Sep 2026)
9-5-2: RESPONSIBILITY FOR PLANS:
It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross section, specifications, and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the city engineer and other responsible public agencies. All construction plans shall be prepared in accordance with the public agencies’ standards or specifications. (Ord. 2026-13, 1 Sep 2026)
9-5-3: REQUIRED PUBLIC IMPROVEMENTS:
Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:
A. Monuments: Monuments shall be set in accordance with section 50-1313, Idaho Code.
B. Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the council. Vertical curbs and gutters shall be constructed on arterial streets.
C. Curbs And Gutters: Curbs and gutters shall be required on minor streets and shall be constructed in accordance with the standards and specifications adopted by the council.
D. Installation Of Public Utilities: Underground utilities are recommended and may be required by the council in areas where overhead facilities would not be compatible with the surrounding properties.
E. Driveways: All driveway openings in curbs shall be as specified by the Building Official, highway district or state highway department.
F. Water Supply System: When a proposed subdivision is to be serviced by a public water supply system fire hydrants and other required water system appurtenances shall be provided by the subdivider. If there is no existing or accessible public water supply system, the subdivider shall be required to install a water supply system for the common use of the lots within the subdivision as approved by state department of environmental community services. Individual wells may be permitted in accordance with the requirements of the appropriate health district.
G. Sanitary Sewer System: When a proposed subdivision is to be served by a public sanitary sewage system, sanitary sewers and other required appurtenances thereto shall be provided by the subdivider as approved by the state department of environmental and community services. Where it is determined in the judgment of the council, based upon the advice of the appropriate health district, that a subdivision cannot be feasibly connected with an existing public or private sewer system or that a public or private sewer system not be provided for the subdivision, that an approved disposal system may be authorized which shall comply with the requirements of the appropriate health district.
H. Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street. Where the average width of lots, as measured at the frontage line or at the building setback line, is over one hundred feet (100′), sidewalks on one side may be required by the Council. Pedestrian walkways, when required, shall have easements at least ten feet (10′) in width and include a concrete walk at least five feet (5′) in width, located generally along the centerline of the easement, dedicated as a public pedestrian walkway. Sidewalks shall be unobstructed by poles, posts, mailboxes, or other obstacles which impede the potential flow and safety of the walk or way. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the Council.
I. Greenbelt: Greenbelts or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights-of-way or other features. Subdivision plats shall show the location of any greenbelt areas.
J. Street Lighting: Streetlights shall be required to be installed at intersections throughout the subdivision. In these cases a subdivider shall conform to the requirements of the City and the public utility providing such lighting.
K. Bicycle Paths: Bicycle paths should be considered in all developments and may be required by the council.
L. Responsibility For Private Improvements And Public Utilities: It shall be the responsibility of the subdivider to arrange and provide for the development, installation, construction or other improvement of private facilities and public utilities within and for the subdivision in accordance with applicable standards and requirements.
M. Responsibilities For The Construction Of Public Works: The scope of this section is to define the respective areas of responsibility of the subdivider and the City relative to the installation, construction, or other improvements of public works en route to and within the boundaries of a subdivision. In certain instances, the City may require formal written agreements with the subdivider that more fully and specifically describe their respective obligations and responsibilities.
N. General: It shall be the responsibility of the subdivider to complete at his sole expense all the development and construction of public works for and within his subdivision except as specifically provided otherwise to be the obligation and responsibility of the City, or as may be accepted by the City as being within the spirit and intent of its responsibilities.
O. Completion Of Public Works: The subdivider shall complete the installation or construction of all the different phases of public works for which he is responsible before the City will accept any of them. This requirement may be satisfied by completion of a stage if a staged development is called for in the approved development plan.
P. Guarantee Of Completion: Until the public works for which the subdivider is responsible are complete, or an acceptable stage of the development is completed, the City will issue no building permit for private construction therein unless a satisfactory performance bond or other suitable guarantee of performance acceptable to the City is provided by the subdivider.
Q. Evidence Of Completion: The subdivider shall notify the City in writing when the public works for which he is responsible have been completed. The Mayor or the Mayor’s designee shall also certify in writing, a copy of which shall be sent to the subdivider, that the said public works have been inspected by him or his authorized representative, and that the said public works have been completed in accordance with applicable standards and specifications. As built construction plans shall be submitted to the City upon completion.
R. Acceptance Of Public Works: Compliance with the foregoing provisions shall constitute the City’s acceptance of the public works. The City shall thereby accept said public works and be responsible for their operation and maintenance in accordance with City policies.
S. Streets:
1. Subdivider Requirements: The subdivider shall perform, install, construct, or otherwise complete at his sole expense the following items relative to street improvements within the boundaries of the subdivision:
a. Route (or boundary) surveys of the dedicated rights-of-way.
b. Construction surveys of line and grade.
c. Installation of sidewalks, if applicable.
d. Installation of curb and gutters, if applicable.
e. Preparation of the subgrade.
f. Installation of the roadway base course.
g. Inspection of all phases of construction to assure compliance with applicable standards and specifications.
h. Installation of a crushed gravel leveling course to be used as a temporary wearing surface until a permanent asphalt pavement is installed.
i. Installation of asphalt pavement shall be installed following the installation of curbs and gutters.
j. Adequate runoff, storm sewers, pipes, culverts, ditches or other drainage facilities as designated by the council.
2. City Requirements: The city shall perform, install, construct, or otherwise complete at its sole expense the following items relative to street improvements within the boundaries of the subdivision.
a. Installation of traffic control signs and signals and street name signs.
b. The city shall also improve to the extent it deems suitable, subject to budgetary limitations, such existing right of way as it considers necessary to provide adequate access to the subdivision.
T. Sanitary Sewage Collection System: The subdivider shall be responsible for the installation of a sanitary sewage collection system within the boundaries of the subdivision. The subdivider shall perform, install, construct or otherwise complete at his sole expense the following items relative to sanitary sewers:
1. Preparation of plans and specifications for the construction of the sanitary sewer system, including extensions from the existing collection system, and the approval of said plans and specifications by the Idaho department of health and welfare.
2. Construction surveys of line and grade within the subdivision.
3. Installation of the sewer system within the subdivision, including sewers, manholes and other appurtenances, and, if applicable, sewage pumping stations.
4. If sewer mains are located in a dedicated street, installation of a sewer service line to the property line of each lot.
5. Inspection of construction to assure compliance with the plans, specifications, and applicable standards.
6. Installation of a sewer extension from the existing collection system to a designated point of connection near the subdivision. Connections to the sewers will be in accordance with existing procedures and the policies of the city; and the subdivider will be liable for the payment of sewer assessment and hookup charges as provided by city ordinances.
U. Water Distribution System: The subdivider shall be responsible for the installation of a culinary water distribution system within the boundaries of the subdivision. The subdivider shall perform, install, construct, or otherwise complete at his sole expense the following items relative to a culinary water distribution system:
1. Preparation of plans and specifications for the construction of the water distribution system, and the approval of said plans and specifications by the Idaho department of health and welfare.
2. Construction surveys of line and grade within the subdivision.
3. Installation of the water distribution system within the subdivision, including water lines, control valves, fire hydrants, and appurtenant facilities.
4. If water mains are located in a dedicated street, installation of a water service line to the property line of each lot.
5. Inspection of construction to assure compliance with the plans, specifications, and applicable standards.
6. Installation of a water line extension or extensions as indicated above. Connections to the water mains shall be in accordance with existing procedures and policies of the city, and the subdivider shall be liable for the payment of water assessment and hookup charges as provided by city ordinances.
V. Reimbursement For Oversizing: In the event the city requires the subdivider to ins all oversized pipelines or other excess facilities to make provisions for present or future service needs in excess of the requirements for the subdivision, the city shall reimburse the subdivider for the additional costs of material and installation resulting therefrom.
W. Building Line Setback: In all new subdivisions the building line setback shall be a minimum of twenty feet (20′) from the property line. In the event that a new subdivision is located along a street with existing residences, the setback line shall be not less than other structures along the street and preferably should be set back as an average of the existing structures.
X. Side And Rear Lot Line Clearance: In all new subdivisions no building of any nature shall be placed or constructed nearer than five feet (5′) of the property line. Where utility rights of way or other rights of way or easements are provided along property lines and lot lines no structure of any nature shall be permitted in such rights of way or easements, except for the purpose for which they are provided. (Ord. 2026-13, 1 Sep 2026)
9-6: SPECIAL DEVELOPMENTS:
9-6-1: PURPOSE:
The purpose of this chapter is to identify the various types of special developments that normally pose special concerns to the council and elected officials when reviewing and acting upon subdivision requests. Therefore, this chapter outlines the general plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this chapter are in addition to the plan requirements and design standards that are required by chapters 3 and 4 of this title. The required information shall be submitted to the council with the preliminary plat. (Ord. 2026-13, 1 Sep 2026)
9-6-2: PLANNED UNIT AND CONDOMINIUM DEVELOPMENTS:
A. Site Development Plan: The developer shall provide the council with a colored rendering of adequate scale to show the completed development that will include at least the following:
1. Architect style and building design;
2. Building materials and color;
3. Landscaping;
4. Screening;
5. Garbage areas;
6. Parking; and
7. Open space.
B. Private Streets: Private street construction standards shall be based upon recommendations from the Mayor or Building Official and the council. Adequate construction standards may vary depending on the size of the development and the demands placed on such improvements.
C. Homeowners’ Association: Homeowners’ association bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space shall meet with the approval of the council. Any and all powers as specified in such agreements may be required to also be assigned to the jurisdictional agency to ensure continued and adequate maintenance of all such common areas, recreational facilities and open spaces, ability to assess property for delinquencies and enforcement of motor vehicle speed to the best interest of the owners involved and of the general public.
D. Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided every three (3) living units. This may be reduced by the council if there is a showing that the needs of a particular development are less.
E. Parking Space: One additional parking space beyond that which is required by the zoning title may be required for every three (3) dwelling units to accommodate visitor parking.
F. Maintenance Building: A maintenance building shall be provided, size and location to be determined by the type and service needed for the necessary repair and maintenance of all common areas.
G. Open Space: The location of open space shall be appropriate to the development and shall be of such shape and area to be usable and convenient to the residents of the development.
H. Control During Development: Single ownership or control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed as planned. (Ord. 2026-13, 1 Sep 2026)
9-6-3: CEMETERIES:
A. Function: The developer shall provide the council with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains and the functions that are anticipated on the property.
B. Compliance With The Idaho Code: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements that are outlined in title 27, Idaho Code. (Ord. 2026-13, 1 Sep 2026)
9-6-4: MOBILE HOME PARKS:
A. General: Mobile home parks shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the zoning title and also subject to the following special requirements.
B. Special Requirements: Mobile home parks shall be subject to the following special requirements:
1. Developed as a planned unit development with a minimum lot area for the planned development of two (2) acres;
2. Essential community facilities and services for the type of development under consideration is available, or provisions shall be made to assure that these facilities will be provided;
3. The site shall be suitable for residential development and not be subject to hazards such as insect or rodent infection, objectionable smoke, noxious odors, unusual noise, or the probability of flooding or erosion;
4. Adequacy of provisions for drainage of surface waters and for waste disposal;
5. Protection of existing ground cover;
6. Screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living plant areas, and existing natural or manmade barriers;
7. The width and construction of access streets shall be suitable for the vehicular traffic requirements of the property served. No lot within the development shall have direct vehicular access to a street bordering the development; and
8. Creation of a homeowners’ association to assure that all common open areas are adequately maintained. (Ord. 2026-13, 1 Sep 2026)
9-6-5: RECREATIONAL VEHICLE PARKS:
A. General: Recreational vehicle parks shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the zoning title and also subject to the following special requirements.
B. Special Requirements:
1. Recreation vehicle parks shall be developed as a planned unit development with a minimum lot area for the planned development of two (2) acres;
2. Essential community facilities and services for the type of development under consideration shall be included in the plans or there shall be reasonable assurance that the facilities and services are available, or provisions shall be made to assure that these facilities will be provided;
3. There shall be adequate provisions for drainage of surface waters and for waste disposal;
4. There shall be adequate protection of existing ground cover;
5. There shall be adequate screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living plant areas, and existing natural or manmade barriers; and
6. There shall be adequate provision for width and construction of access streets which shall be suitable for the vehicular traffic requirements of the property served. No lot within the development shall have direct vehicular access to a street bordering the development. (Ord. 2026-13, 1 Sep 2026)
9-6-6: LARGE SCALE DEVELOPMENT SUBDIVISION; REQUIRED INFORMATION:
Due to the impact that large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat:
A. Identification of all public services that would be provided to the development that will occur as a result of the subdivision, such as fire protection, police protection, central water, central sewer, road construction, recreation, maintenance, schools and other;
B. Estimate the public service costs to provide adequate service to the development;
C. Estimate the tax revenue that will be generated from the development; and
D. Public means of financing the services for the development if any public services would not be offset by tax revenue received from the development. (Ord. 2026-13, 1 Sep 2026)
9-7: VACATIONS, DEDICATIONS AND VARIANCES:
9-7-1: APPLICATION PROCEDURE:
A. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement, or desiring to dedicate a street right of way, or easement shall complete and file an application with the council and also file such other applications as are otherwise required by law. These provisions shall not apply to the widening of any street which is shown in the comprehensive development plan, or the dedication of streets, rights of way, or easements to be shown on a recorded plat of a subdivision.
B. Council Action:
1. When considering an application for vacation procedures, the council shall establish a date for a public hearing and give such public notice as required by law. The council may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the council shall provide adjacent property owners with a quitclaim deed for said vacated rights of way in such proportions as are prescribed by law.
2. When considering an application for dedication procedures, the council may approve, deny, or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the council a deed describing and conveying such lands to be recorded with the county recorder. (Ord. 2026-13, 1 Sep 2026)
9-7-2: PURPOSE OF VARIANCES:
The council may grant a variance from the provisions of this title on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the title or that application of such provisions or requirements is impracticable. The council shall only grant variances that it deems necessary to or desirable for the public interest. In making its findings, the council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the council finds after a public hearing:
A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this title would clearly be impracticable, or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provisions or requirement involved;
B. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;
C. That such variance will not violate the provisions of the Idaho Code; and
D. That such variance will not have the effect of nullifying the interest and purpose of this title and the comprehensive development plan. (Ord. 2026-13, 1 Sep 2026)
Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this title would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions, or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this title, the council may grant a variance modification or a waiver of these requirements. (Ord. 2026-13, 1 Sep 2026)
9-7-4: PLANNED UNIT DEVELOPMENT VARIANCE:
The developer may request a variance from specified portions of this title in the case of a planned unit development. Upon considering the requested variance, the council shall take into account the nature of the proposed use of the land and existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, the probable effect of the proposed subdivision upon traffic conditions in the vicinity, adequate open space, light, air and other needs. The council’s findings and report to the council shall include whether:
A. The proposed project will constitute a desirable and stable community development and be in compliance with the comprehensive development plan;
B. The proposed project will be in harmony with adjacent areas; and
C. The proposed project will be served with adequate public facilities. (Ord. 2026-13, 1 Sep 2026)
9-8: ENFORCEMENT AND PENALTIES:
9-8-1: ENFORCEMENT:
No subdivision plat required by this title or the Idaho Code shall be admitted to the public land records of the, county or recorded by the county recorder, until such subdivision plat has received final approval by the council. No public board, agency, council, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this title until the final plat has received the approval by the council. (Ord. 2026-13, 1 Sep 2026)
9-8-2: PENALTIES:
Penalties for failure to comply with the provisions of this title shall be as follows: Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered as a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 2026-13, 1 Sep 2026)
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: (Ord. 2026-12, 1 Sep 2026)
8-4-3: RESERVED: (Ord. 2026-12, 1 Sep 2026)
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
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.
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: (Ord. 2026-12, 1 Sep 2026)
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)
8-7: FLOODPLAIN OVERLAY DISTRICT (FP):
8-7-1: PURPOSE AND LOCATION OF DISTRICT:
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and
G. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. The floodplain overlay (FP) district is created to designate areas of the county or cities needing such consideration and is superimposed over other districts. The FP district is the same area as the area of the county or cities identified by the federal insurance administration/emergency management agency flood insurance rate map (FIRM) promulgated for the county or the city, which map is adopted by reference and declared to be part of this chapter and which map shall be maintained on file in the records of the county or city clerk of the county or city at all times hereafter. (Ord. 2026-12, 1 Sep 2026)
8-7-2: DEFINITIONS:
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the 100-year flood. Designation on maps always includes the letters A or V.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official map on which the federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation of runoff of surface waters from any source.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1′).
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found at subsection 8-7-5B1b of this chapter.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.
NEW CONSTRUCTION: Structures for which the “start of construction” commenced on or after the effective date of this chapter.
START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
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, gas or liquid storage tanks and billboards.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
A. Before the improvement or repair is started, or
B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. (Ord. 2026-12, 1 Sep 2026)
8-7-3: GENERAL PROVISIONS:
A. Lands To Which This Chapter Applies: This chapter shall apply to all areas designated on the map referred to in section 8-7-1 of this chapter designated as the floodplain overlay (FP) district.
B. Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled the “Flood Insurance Study” for the applicable jurisdiction, which is most current at the time of the adoption of this title, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this chapter. The “Flood Insurance Study” is on file at the office of the county or city clerk. (Ord. 2026-12, 1 Sep 2026)
8-7-4: ESTABLISHMENT OF PERMIT AND ADMINISTRATION:
A. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 8-7-3B of this chapter. The permit shall be for all structures, including manufactured homes, as set forth in the definitions, and for all development including fill and other activities, also as set forth in the definitions.
B. Designation Of The Building Official: The building official is hereby appointed to administer and implement this title by granting or denying development permit applications in accordance with its provisions. This process may be combined with any building permit process otherwise required by the city.
C. Duties And Responsibilities Of The Administrator: Duties of the administrator shall include, but not be limited to:
1. Permit Review:
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
b. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 8-7-5C1 of this chapter are met.
2. Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 8-7-3B, “Basis For Establishing The Areas Of Special Flood Hazard”, of this chapter, the administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsections 8-7-5B, “Specific Standards”, and C, “Floodways”, of this chapter.
3. Information To Be Obtained And Maintained:
a. Where base flood elevation data is provided through the flood insurance study or required as in subsection C2 of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures:
(1) Verify and record the actual elevation (in relation to mean sea level),
(2) Maintain the floodproofing certifications required in subsection 8-7-5B of this section, and
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration Of Watercourses:
a. Notify adjacent communities and the Idaho department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.
b. Require that maintenance is provided within the altered or relocated portion of watercourse so that the flood carrying capacity is not diminished.
5. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). (Ord. 2026-12, 1 Sep 2026)
8-7-5: PROVISIONS FOR FLOOD HAZARD REDUCTION:
A. General Standards: In all areas of special flood hazard, the following standards are required:
1. Anchoring:
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation In Flood Hazard Areas” guidebook for additional techniques).
2. Construction Materials And Methods:
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. Utilities:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
c. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. Subdivision Proposals:
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).
5. Review Of Building Permits: Where elevation data is not available either through the flood insurance study or from another authoritative source (subsection 8-7-4C2 of this chapter), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2′) above grade in these zones may result in higher insurance rates.
B. Specific Standards: In all areas of special flood hazard where base flood elevation data has been provided as set forth in subsection 8-7-3B, “Basis For Establishing The Areas Of Special Flood Hazard” or 8-7-4C2, “Use Of Other Base Flood Data”, of this chapter, the following provisions are required:
1. Residential Construction:
a. New construction and substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot (1′) above grade.
(3) Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
2. Nonresidential Construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design. Such certifications shall be provided to the administrator as set forth in subsection 8-7-4C3b of this chapter.
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection B1b of this section.
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1′) below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level).
3. Manufactured Homes: All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection A1b of this section.
C. Floodways: Located within areas of special flood hazard established in subsection 8-7-3B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater which carries debris, potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If subsection C1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. (Ord. 2026-12, 1 Sep 2026)
8-7-6: NONLIABILITY CLAUSE:
The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature of the city or its governing body or by any officer or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 2026-12, 1 Sep 2026)
8-7-7: RESTRICTIONS:
Restrictions regarding height, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific district located within the floodplain overlay zone area. (Ord. 2026-12, 1 Sep 2026)
8-7-8: PROHIBITED USES:
It shall be unlawful to erect, alter, maintain or establish in a floodplain overlay zone any building, use or occupancy not permitted or allowed in the foregoing provision, except existing nonconforming uses may continue as herein provided. (Ord. 2026-12, 1 Sep 2026)
8-9: PLANNED UNIT DEVELOPMENTS (PUD):
8-9-1: PURPOSES:
It shall be the policy to guide a major development of land construction by encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and acre requirements;
B. A more useful pattern of open space and recreation areas and if permitted as part of the project, more convenience in location of accessory commercial uses, industrial uses and services;
C. A development pattern, which preserves and utilizes natural topography and geological features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;
D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community facilities’ objectives of the comprehensive plan. (Ord. 2026-12, 1 Sep 2026)
8-9-2: PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT:
Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. (Ord. 2026-12, 1 Sep 2026)
8-9-3: MINIMUM AREA:
A PUD for the following principal uses shall contain an area of not less than:
A. Two (2) acres for residential development;
B. Two (2) acres for residential use with subordinate commercial or industrial uses;
C. Two (2) acres for commercial use; and
D. Ten (10) acres for industrial use. (Ord. 2026-12, 1 Sep 2026)
8-9-4: USES PERMITTED:
All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, there is a favorable finding by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and
D. That a minimum of fifty percent (50%) of the proposed residential development occur prior to the development of the related commercial or industrial land uses. (Ord. 2026-12, 1 Sep 2026)
8-9-5: OWNERSHIP REQUIREMENTS:
An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed by the holder(s) of an equitable interest in such property. Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan. (Ord. 2026-12, 1 Sep 2026)
8-9-6: COMMON OPEN SPACE:
A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and rights of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the council. The responsibility for the maintenance of all open space shall be specified by the developer before approval of the final development plan. Every property developed under the PUD approach should be designated to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight (8) townhouses in any contiguous group. (Ord. 2026-12, 1 Sep 2026)
8-9-7: UTILITY REQUIREMENTS:
Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems, which can be effectively screened, may be exempted from this requirement if the council finds that such exemption will not violate the intent or character of the proposed PUD. (Ord. 2026-12, 1 Sep 2026)
8-9-8: INCREASED RESIDENTIAL DENSITY:
To provide for an incentive for quality PUD, the council may authorize an increased residential density of up to fifteen percent (15%) of the allowable number of dwelling units. Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases, provided these factors make a substantial contribution to the objectives of the PUD which are as follows:
A. Landscaping (a maximum increase of 5 percent), streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;
B. Siting (a maximum increase of 5 percent), visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and
C. Design features (a maximum increase of 5 percent), street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. (Ord. 2026-12, 1 Sep 2026)
8-9-9: ARRANGEMENT OF COMMERCIAL USES:
When PUD includes commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner. (Ord. 2026-12, 1 Sep 2026)
8-9-10: ARRANGEMENT OF INDUSTRIAL USES:
PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land. Industrial uses and parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as is required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic. Project side yards of forty feet (40′) and a rear yard of fifty feet (50′) shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right of way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times. (Ord. 2026-12, 1 Sep 2026)
8-9-11: PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT:
When the PUD also qualifies as a subdivision, the processing of the special use permit and subdivision application shall occur at the same time. The granting of a special use permit for PUD shall require a preapplication, the submission of a preliminary development plan and approval by the council of a final development plan as specified within this title. (Ord. 2026-12, 1 Sep 2026)
8-9-12: PREAPPLICATION MEETING:
The developer shall meet with the administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan, zoning ordinance, subdivision ordinance and such other plans and ordinances as deemed appropriate. (Ord. 2026-12, 1 Sep 2026)
8-9-13: CONTENTS OF APPLICATION FOR APPROVAL OF PRELIMINARY DEVELOPMENT PLAN:
An application for preliminary PUD shall be filed with the administrator by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate:
A. Name, address and phone number of applicant;
B. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;
C. Legal description of property;
D. Description of existing use;
E. Zoning districts;
F. A vicinity map at a scale approved by the administrator showing property lines, streets, existing and proposed zoning and such other items as the council may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;
G. A preliminary development plan at a scale approved by the administrator showing topography at two foot (2′) intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of rights of way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvements drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the council deems necessary;
H. Proposed schedule for the development of the site; and
I. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years. The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest. (Ord. 2026-12, 1 Sep 2026)
8-9-14: PROCEDURE FOR PUBLIC NOTICE:
The same provision for public hearing and legal notifications as required for special use permits shall be followed. (Ord. 2026-12, 1 Sep 2026)
8-9-15: APPROVAL IN PRINCIPLE BY THE COUNCIL:
Within twenty eight (28) days after the public hearing the council shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The council’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility. The council shall consider the general standards and criteria’s applicable to special use permits and subdivisions before approving in principle a preliminary development plan. (Ord. 2026-12, 1 Sep 2026)
8-9-16: CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN:
Upon approval in principle of the development plan, an application for approval of the final development plan may be filed with the administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information:
A. A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses;
B. All the information required on the preliminary development plan; the location of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;
C. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development;
D. Engineering feasibility studies and plans showing as necessary: water, sewer, drainage, electricity, telephone and natural gas installations, waste disposal facilities, street improvements and nature and extent of earthwork required for site preparation and development;
E. Site plan showing building(s), various functional use areas, circulation and their relationship;
F. Preliminary building plans, including floor plans and exterior elevations;
G. Landscaping plans; and
H. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas that are to be commonly owned and maintained. (Ord. 2026-12, 1 Sep 2026)
8-9-17: ACTION ON FINAL DEVELOPMENT PLAN:
Within sixty (60) days after receipt of the final development plan, the council shall approve the final development plan as presented, approve it with supplementary conditions, or disapprove it. Upon granting or denying the application, the council shall specify:
A. The ordinance and standards used in evaluating the application;
B. The reasons for approval or denial; and
C. The actions, if any, that the applicant could take to obtain a permit. Before approving the final development plan, the council shall find that the facts submitted with the application and presented to it establish that:
A. The proposed development can be initiated within two (2) years of the date of approval;
B. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present or potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;
C. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;
D. Any proposed commercial development can be justified at the locations proposed;
E. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the council;
F. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
G. The PUD is in general conformance with the comprehensive plan; and
H. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. Once the application is either approved or approved with conditions, then the applicant may seek zoning review as set forth in the definition of “zoning review and certificates” in section 8-2-2 of this title, but only in accordance with the approved final development plan and the supplementary conditions attached thereto. (Ord. 2026-12, 1 Sep 2026)
8-9-18: EXPIRATION AND EXTENSION OF APPROVAL PERIOD:
The approval of a final development plan for a PUD shall be for a period not to exceed two (2) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approval of the final development plan shall be void. An extension of time limit or modification of the approved final development plan may be granted if the council finds that such extension or modification is not in conflict with the public interest. (Ord. 2026-12, 1 Sep 2026)
8-10: NONCONFORMING USES:
8-10-1: INTENT:
It is the intent of this chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (Ord. 2026-12, 1 Sep 2026)
8-10-2: INCOMPATIBILITY OF NONCONFORMING USES:
Nonconforming uses are declared by this title to be incompatible with permitted uses in the district in which such use is located. A nonconforming use shall not be extended or enlarged after passage of this title by expansion of the existing use or by alterations or additions to the existing buildings or premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located. (Ord. 2026-12, 1 Sep 2026)
8-10-3: AVOIDANCE OF UNDUE HARDSHIP:
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this title or adoption of a more restrictive amendment which would be otherwise applicable to a previously permitted use and upon which actual building construction has been carried on diligently. (Ord. 2026-12, 1 Sep 2026)
8-10-4: SINGLE NONCONFORMING LOTS OF RECORD:
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this title, notwithstanding limitations imposed by the other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership (see section 8-10-5 of this chapter). This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. (Ord. 2026-12, 1 Sep 2026)
8-10-5: NONCONFORMING LOTS OF RECORD IN COMBINATION:
If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership area of record at the time of passage or amendment of this title and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title. (Ord. 2026-12, 1 Sep 2026)
8-10-6: NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION:
If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. An existing structure devoted to a use not permitted by this title in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
B. A nonconforming use shall not be extended to occupy any additional land area;
C. If no structural alterations are made, any nonconforming use of a structure or structure and land may, upon the issuance of a special use permit by the council, be changed to another nonconforming use provided that the council shall find that the proposed use is at least as appropriate to the district as the existing nonconforming use. In permitting such change, the council may require appropriate conditions and safeguards in accord with other provisions of this title;
D. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
E. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and
F. Where nonconforming use status applies to a structure, or a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, and the nonconforming use shall not be resumed. (Ord. 2026-12, 1 Sep 2026)
8-10-7: REPAIRS AND MAINTENANCE:
On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that, the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. (Ord. 2026-12, 1 Sep 2026)
8-10-8: USES UNDER SPECIAL USE PROVISIONS NOT NONCONFORMING USES:
Any use which is permitted as a special use in a district under the terms of this title shall not be deemed a nonconforming use in such a district, but shall, without further action, be considered a conforming use for the duration of the special use permit. (Ord. 2026-12, 1 Sep 2026)
8-11: OFF STREET PARKING AND LOADING FACILITIES REQUIREMENTS:
8-11-1: GENERAL REQUIREMENTS:
A. No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this chapter.
B. The provisions of this chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the use of an existing building or structure is changed, there shall be provided as many such spaces as may be required by this chapter.
C. Whenever a building or structure constructed after the effective date hereof is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date hereof is enlarged to the extent of fifty percent (50%) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth therein.
D. Except for residential uses and other uses that require all night parking, the requirements of this chapter shall not apply to buildings and uses located within a historical district as designated by the city council. (Ord. 2026-12, 1 Sep 2026)
8-11-2: PARKING STANDARDS:
A. The following regulations shall govern the location of off street parking spaces and areas:
1. Parking spaces for all detached residential uses shall be located on the same parcel, or contiguous parcel under the same ownership, as the use which they are intended to serve;
2. Parking spaces for commercial, industrial or institutional uses shall be located not more than five hundred feet (500′) from the principal use if such parking is on the same parcel or a contiguous parcel and not more than three hundred feet (300′) if the parking spaces are located on a noncontiguous parcel; and
3. Parking spaces for apartments, dormitories or similar residential uses shall be located not more than three hundred feet (300′) from the principal use.
4. Off-street parking for residential uses similar to apartments, townhouses, dormitories, and multi-family housing may count driveway or garage space toward the required off-street parking, but not both.
B. For the purpose of this chapter the following parking space requirements shall apply:
Type Of Use
Parking Spaces Required
Commercial:
Automobile service and repair garages
3 for each service bay
Banks, financial institutions and similar uses
1 for each 200 square feet of public floor area
Funeral parlors, mortuaries and similar type uses
1 for each 100 square feet of floor area in slumber rooms, parlors or service rooms
Hotels, motels
1 for each sleeping room plus 1 space for each 2 employees
Offices, public or professional administration or service buildings
1 for each 400 square feet of floor area
Retail stores
1 for each 250 square feet retail floor area
All other types of business or commercial uses permitted in any business district
1 for each 300 square feet of floor area
Institutional:
Churches and other places of religious assembly
1 for each 5 seats. For areas having fixed benches or pews, the occupant load shall be not less than the number of seats based on 1 person for each 18 inches of length of pew or bench in the main area of occupancy
Hospitals
1 for each bed
Libraries, museums and art galleries
1 for each 400 square feet of floor area
Medical and dental clinics
1 for each 200 square feet of floor area of examination, treating room office and waiting room
Sanatoriums, homes for the aged, nursing homes, children homes, asylums and similar uses
1 for each 2 beds
Manufacturing:
All types of manufacturing, storage, and wholesale uses permitted in any manufacturing district
1 for every 2 employees (on the largest shift for which the building is designed) plus 1 for each motor vehicle used in the business
Express, parcel delivery and freight terminal
1 for every 2 employees (on the largest shift for which the building is designed) plus 1 for each motor vehicle maintained stationed on the premises
Recreational or entertainment:
Auditoriums, sports arenas, theaters and similar uses
1 for each 4 seats
Bowling alleys
2 for each alley or lane plus 1 additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use
Dance floors
1 for each 50 square feet of floor area used for the activity
Dining rooms, restaurants, taverns, nightclubs, etc.
1 for each 100 square feet of dining floor or serving area
Outdoor athletic fields
1 for every 4 seats (every 18 inches of bleachers), but no less than 10 for each field
Outdoor swimming pools (public, community, or club)
1 for each 5 persons based upon occupant load capacity
Skating rinks
1 for each 100 square feet of floor area used for the activity
Residential:
Apartments, townhouses, condominiums, or multi-family dwelling of three or more units
2.5 off-street for each dwelling unit with 3 or less sleeping rooms; 3 off-street for each dwelling unit with 4 or more sleeping rooms
Boarding houses, rooming houses, dormitories and fraternity houses which have sleeping rooms
1 for each sleeping room or 1 for each permanent occupant
Manufactured home (mobile home)
2 for each unit
Single-family or two-family dwelling
2 for each unit
Schools (public, parochial or private):
Business, technical and trade schools
1 for each 2 students
Colleges, universities
1 for each 4 students
Elementary and junior high schools
2 for each classroom and 1 for every 8 seats in auditoriums or assembly halls
High schools
1 for every 8 students and 1 for each teacher and employee
Kindergartens, childcare centers, nursery schools and similar uses
1 for each employee plus 1 for each 4 children
** If use is not included, Administrator may set required parking.
C. Parking spaces and aisleways required by this chapter for the following types of parking shall be sized as follows:
Type
Length
Width
Aisle
Parallel
25′
8′
14′
Diagonal 45°
16′
13′
16′
Diagonal 60°
19′
10.5′
18′
Perpendicular 90°
20′
9′
26′
Typical parking striping (L = length, W = width, AW = aisle width). (Ord. 2026-12, 1 Sep 2026)
8-11-3: LOADING STANDARDS:
A. The size of an off street loading space shall not be less than the following, exclusive of platform and loading area:
1. Type A: Sixty five feet (65′) in length, twelve feet (12′) in width.
2. Type B: Thirty five feet (35′) in length, twelve feet (12′) in width.
B. Off street loading spaces for commercial uses shall be provided in accordance with the following table:
Gross Floor Area (Square Feet)
Quantity And Type
10,000 to20,000
1B
20,000 to40,000
1B + 1A
40,000 to100,000
2B + 2A
For each additional seventy five thousand (75,000) square feet or fraction thereof, an additional type A space will be provided.
C. Convenient access to loading spaces from streets or alleys shall be provided; they shall not be less than twenty feet (20′) in width.
D. The off street loading spaces required for the uses mentioned shall not project into the public right of way. In no case shall the required off street loading spaces be part of the area used to satisfy the off street parking requirements. Spaces shall not be located where their use would cause sight obstructions at intersections.
E. Design and location of entrances and exits for required off street loading areas shall be subject to review of the administrator. (Ord. 2026-12, 1 Sep 2026)
8-11-4: GENERAL STANDARDS FOR PARKING AND LOADING AREAS:
A. The owner of property used for parking and/or loading areas shall maintain such area in good condition without holes and free of all obstructions, trash and other debris.
B. All parking and loading areas shall provide for all weather use and proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.
C. Any parking area, which is intended to be used during nondaylight hours, shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect and shield the light away from adjoining property.
D. Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street for a reasonable distance considering the normal speed of such traffic.
E. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence or planting screen. Such fence, wall or planting screen shall be not less than four feet (4′) or more than six feet (6′) in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then no such fence, wall or planting screen and landscaping shall be required.
F. Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
G. No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet (20′) to any dwelling unit, school, hospital or other institution for human care located on an adjoining lot unless separated by an acceptably designed screen. If on the same lot with a one-family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than four feet (4′) to any established street or alley right of way.
H. The parking of a disabled vehicle within a residential or commercial district for a period of more than two (2) weeks shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building.
I. Two (2) or more nonresidential users may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement executed by each owner of the properties involved, and duly recorded, establishes the unconditional right of each owner to use the designated parking area during the permitted hours as long as each structure to which the parking pertains remains in existence. (Ord. 2026-12, 1 Sep 2026)
8-11-5: GENERAL INTERPRETATIONS:
In the interpretation of this chapter, the following shall govern:
A. Parking spaces for other permitted or conditional uses not listed in this chapter shall be determined by the administrator;
B. Fractional numbers shall be increased to the next whole number, including for parking spaces; and
C. Where there is an adequate public transit system or where for any other reason parking demand is unusually low, then the parking space provisions cited may be reduced proportionately by the council or Mayor or the Mayor’s designee. (Ord. 2026-12, 1 Sep 2026)
8-12: ADMINISTRATION:
8-12-1: GENERAL:
For the purpose of carrying out the provisions of this title, an administrator is hereby created, and administration of this title is vested in the mayor and city council directly; no separate planning and zoning commission is established. (Ord. 2026-12, 1 Sep 2026)
8-12-2: ADMINISTRATOR:
The mayor or the mayor’s designee shall serve as administrator of this title. The administrator may be provided with the assistance of such other persons as the city may direct. For the purpose of this title, the administrator shall have the following duties:
A. Advise interested persons of the zoning ordinance provisions;
B. Notify the news media regarding matters of public interest;
C. Aid applicants in the preparation and expedition of required application;
D. Conduct or initiate zoning review as set forth in the definition of “zoning review and certificates” in section 8-2-2 of this title, as applicable, and provide required notifications and such similar administrative duties;
E. Investigate all violations of this title and notify in writing the persons or entities responsible for such violations, ordering the action necessary to correct such violations; and
F. Assist the city council in carrying out the provisions of this title. (Ord. 2026-12, 1 Sep 2026)
8-12-3: DUTIES OF THE CITY COUNCIL:
For the purpose of this title, the city council shall have the following duties:
A. Initiate proposed amendments to this title and conduct periodic review of the zoning ordinance;
B. Review and act upon all proposed amendments to this title;
C. Review and act upon all planned unit developments;
D. Grant special use permits as specified in the official schedule of district regulations and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title;
E. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator;
F. Authorize such variances from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done; and
G. Hear and decide all zoning actions, applications or matters dealing with this title and title 9 of this code placed before the council by the administrator. (Ord. 2026-12, 1 Sep 2026)
8-12-4: RULES AND RECORDS:
A record of meetings, hearings, resolutions, studies, findings, permits and actions taken under this title shall be maintained by the city clerk. All meetings and records shall be open to the public, consistent with the Idaho open meeting law, title 74, chapter 2, Idaho Code. (Ord. 2026-12, 1 Sep 2026)
8-12-5: EXPENDITURES AND STAFF:
The city council may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources for purposes of administering this title, and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures for the administration of this title shall be within the amounts appropriated by the council. Within such limits, the city is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants, to assist in the administration of this title. (Ord. 2026-12, 1 Sep 2026)
8-12-6: CONFLICT OF INTEREST:
A member or employee of the city council, the mayor, or the administrator shall not participate in any proceeding or action under this title when the member, employee or administrator has an economic interest in the procedure or action, or his or her employer, business partner, business associate, or any person related to him or her by affinity or consanguinity within the second degree, has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this section shall be a misdemeanor. (Ord. 2026-12, 1 Sep 2026)
8-13: ENFORCEMENT:
8-13-1: ZONING REVIEW REQUIRED:
No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without review and approval by the Mayor or the Mayor’s designee. Prior to approval of any building permit, the building official will request a review by the Mayor or the Mayor’s designee of building permit application, who will determine whether proposed use in the building permit application is in compliance with the city’s zoning laws. The review will be conducted as provided in section 8-13-3 of this chapter. (Ord. 2026-12, 1 Sep 2026)
8-13-2: CONTENTS OF APPLICATION:
The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and be considered revoked if work has not begun within one hundred eighty (180) days from the date the permit was issued. At a minimum, the application shall contain the following information:
A. Name, address and phone number of applicant and name, address and phone number of owner if applicant is not the owner;
B. Legal description of property;
C. Existing use;
D. Proposed use;
E. Zoning district;
F. Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations;
G. Building heights;
H. Number of off street parking spaces or loading spaces;
I. Number of dwelling units;
J. Proposed sewer, water and electrical facilities; and
K. Such other matters as may be necessary to determine conformance with, and provision for, the enforcement of this title. (Ord. 2026-12, 1 Sep 2026)
8-13-3: ZONING REVIEW:
Within twenty eight (28) days after the receipt of a request for review as set forth in section 8-13-1 of this chapter, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. Any approval by the zoning administrator however, shall be conditional upon the commencement of work within one hundred eighty (180) days. If the proposed use is not in compliance with the city’s zoning laws, the Mayor or the Mayor’s designee will determine what is required and advise the building official. Any recommendation by the Mayor or the Mayor’s designee that the building permit not be issued because of lack of compliance with the city’s zoning laws shall be in writing and may be hand delivered, mailed or sent by e-mail to the building official. The building official shall advise the applicant to such determination. (Ord. 2026-12, 1 Sep 2026)
8-13-4: EXPIRATION OF ZONING REVIEW APPROVAL:
If the work described in the building permit, for which there was a zoning review, has not begun within one hundred eighty (180) days from the date of issuance of the building permit, said approval shall expire and be considered revoked by the administrator. No written notice of expiration or revocation need be given to the persons affected. (Ord. 2026-12, 1 Sep 2026)
8-13-5: EXEMPTION FROM BUILDING PERMIT:
Structures or buildings constructed and located in an agricultural zone on a parcel that meets the below definition for agricultural exemption, will only be required to obtain a siting permit in lieu of a building permit. A parcel or tract of land that is more than five (5) contiguous acres, and is actively devoted to agriculture is eligible for an agricultural exemption when meeting the following criteria:
A. It is used to produce field crops including, but not limited to, grains, feed crops, fruits and vegetables; or
B. It is used to produce nursery stock as defined in Idaho Code section 22-2302; or
C. It is used by the owner for the grazing of livestock to be sold as part of a net profitmaking enterprise, or is leased by the owner to a bona fide lessee for grazing purposes; or
D. It is in a cropland retirement or rotation program; and
E. It is not a lot, tract or parcel within a subdivision or planned unit development. (Ord. 2026-12, 1 Sep 2026)
8-13-6: SPECIAL REQUIREMENTS FOR ISSUANCE OF BUILDING PERMITS:
The following are requirements dealing with providing utility hookups and payment of hookup fees prior to the issuance of a building permit:
A. It shall be unlawful to request or demand from any utility, private or public, the connection of power to any structure, house, building, installation, including manufactured homes, for which a building permit is required, without first displaying to said utility or other company a valid building permit.
B. Each utility, private or public, receiving such a request for connection of utilities without compliance with the terms of this section, shall promptly notify the city.
C. No building permit shall be issued for any structures located within the corporate limits of the city which would require public services without verification that the appropriate hookup fees or deposits have been paid.
D. Manufactured home parks (mobile home parks) shall not allow a unit to be connected to utilities without verification that a building permit has been issued as required by state law and local ordinances.
E. No building permit shall be issued for structures utilizing private septic systems without first obtaining a subsurface sewage permit from the applicable health authority. (Ord. 2026-12, 1 Sep 2026)
8-13-7: CERTIFICATE OF OCCUPANCY:
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed. (Ord. 2026-12, 1 Sep 2026)
8-13-8: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 2026-12, 1 Sep 2026)
8-13-9: STATEMENT OF INTENT TO DECLARE A MANUFACTURED HOME REAL PROPERTY:
Pursuant to Idaho Code section 63-304 manufactured homes may be declared as real property. A manufactured home may only be accepted as real property upon the submittal of an application as prescribed by the state, properly completed, signed and notarized and upon verification of compliance with all state and local building codes and manufactured home installation standards. (Ord. 2026-12, 1 Sep 2026)
8-13-10: RECORD OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY:
The administrator shall maintain a record of all building permits, and certificates of occupancy and copies shall be furnished as provided in the city’s public records policy. (Ord. 2026-12, 1 Sep 2026)
8-13-11: FAILURE TO OBTAIN A ZONING REVIEW OR CERTIFICATE OF OCCUPANCY:
Failure to obtain a zoning review or certificate of occupancy shall be a violation of this title, and punished as a misdemeanor. (Ord. 2026-12, 1 Sep 2026)
8-13-12: CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES:
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 2026-12, 1 Sep 2026)
8-13-13: COMPLAINTS REGARDING VIOLATIONS:
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrator. The administrator shall properly record such complaint and immediately investigate and take action thereon as provided by this title. (Ord. 2026-12, 1 Sep 2026)
8-13-14: ENFORCEMENT:
A. Continuing Obligation. Maintenance of improvements, conditions of approvals, and requirements of this code shall be a continuing obligation of the applicant or their successors. Any failure to meet these obligations shall be deemed a violation of the code and subject to the penalties as outlined.
B. Violation. Any person or entity that violates any provisions of this Code shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties as set forth in City Code.
C. Procedures for Enforcement.
1. A written notice of failure to maintain the required improvements, conditions of approval, or requirements of this Code shall be served upon all owners of record of the property, such notice may be served upon any registered agent. Such notice may be served by the Sheriff or any deputy, the Mayor or Building Official, Fire Chief, or City employee designated as code enforcement. Notice shall be in writing and shall be mailed to the owner(s)’s or address last shown on the records of the County Assessor or registered agent shown on the records of the Idaho Secretary of State. Service of the notice shall be deemed to be complete upon its deposit into the U.S. mail, postage prepaid. The notice shall contain a brief description of the terms of the maintenance plan, conditions of approval, or violation of the Code.
2. Any person receiving notice, may, within ten (10) days of the date of service, request a hearing, which shall be delivered to the Mayor or the Mayor’s designee. Following receipt of the request, the Mayor or the Mayor’s designee shall deliver the request to the Council which shall hold a hearing at its next regularly scheduled meeting. At the hearing, the person may request a reasonable extension of time for curing their failure to comply or otherwise demonstrate good cause why they should not be required to comply.
3. If compliance is not completed within thirty (30) days after the date of notice of failure to maintain the public improvements was served, or any extension allowed by the Council, the owner or owners of the property shall be deemed to be in violation of this Code and shall be subject to the penalties set forth.
D. Nuisance. Any building or structure which has been set up, erected, constructed, altered, enlarged, converted, moved, remodeled, or maintained contrary to the provisions of this Code, and any use of the land or building or premises established, conducted, maintained, or operated contrary to the provisions of this Code are declared to be unlawful and opposed to the orderly development of the community and shall therefore be considered a public nuisance. (Ord. 2026-12, 1 Sep 2026)
8-13-15: PENALTIES:
Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official, or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the city from taking such lawful action as is necessary to restrain or prevent any violation, including new or ongoing, of this title or Idaho Code, including civil remedies such as enjoinment or abatement. (Ord. 2026-12, 1 Sep 2026)
8-13-16: SCHEDULE OF FEES, CHARGES AND EXPENSES:
The city council, by resolution, shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, zoning review, amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the administrator, and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2026-12, 1 Sep 2026)
8-14: APPEAL, VARIANCE AND ACTION BY AFFECTED PERSONS:
8-14-1: GENERAL:
The council shall consider administrative appeals: a) alleging that an error has been made by the administrator, b) applications for variances from the terms of this title and c) requests for hearings from affected persons. (Ord. 2026-12, 1 Sep 2026)
8-14-2: ADMINISTRATIVE APPEALS:
Appeals to the council concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the legislative authority affected by any decision of the administrator. Such appeal shall be taken within twenty eight (28) days after the decision of the administrator by filing with the administrator and with the council a notice of appeal specifying the grounds upon which the appeal is being taken. The administrator shall transmit to the council all the papers constituting the record upon which the appeal is based. (Ord. 2026-12, 1 Sep 2026)
8-14-3: STAY OF PROCEEDINGS:
An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the council after the notice of appeal is filed with him that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the council or by a court based upon an application, with notice to the administrator showing due cause. (Ord. 2026-12, 1 Sep 2026)
8-14-4: VARIANCE:
The council may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of the neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship. (Ord. 2026-12, 1 Sep 2026)
8-14-5: APPLICATION AND STANDARDS FOR VARIANCES:
A variance from the terms of this title shall not be granted by the council unless and until a written application for a variance is submitted to the administrator and the council containing:
A. Name, address and phone number of applicant;
B. Legal description of property;
C. Description of nature of variance requested; and
D. A narrative statement demonstrating that the requested variance conforms to the following standards:
1. That special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the same district;
2. That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
3. That special conditions and circumstances do not result from the actions of the applicant; and
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district. A variance shall not be granted unless the council makes specific findings of fact based directly on the particular evidence presented to it, which supports conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 2026-12, 1 Sep 2026)
8-14-6: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
Under no circumstances shall the council grant an appeal or variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting any appeal or variance, the council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this title. (Ord. 2026-12, 1 Sep 2026)
8-14-7: PUBLIC HEARING:
Upon receipt of the application for an appeal or a variance, the council shall hold a public hearing, publish notice in a newspaper and give written notice to all parties as required for special use permits. (See section 8-15-7 of this title.) (Ord. 2026-12, 1 Sep 2026)
8-14-8: RESERVED: (Ord. 2026-12, 1 Sep 2026)
8-14-9: ACTION BY THE COUNCIL:
Within twenty eight (28) days after the public hearing the council shall approve, conditionally approve, postpone decision for further study or disapprove the request for appeal or variance. Upon granting or denying an application the council shall specify:
A. The ordinance and standards used in evaluating the application;
B. The reasons for approval or denial; and
C. The actions, if any, that the applicant could take to obtain a permit. (Ord. 2026-12, 1 Sep 2026)
8-14-10: NOTIFICATION OF APPLICANT:
Within seven (7) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request. (Ord. 2026-12, 1 Sep 2026)
8-14-11: RECONSIDERATION AND JUDICIAL REVIEW:
The action of the council under section 8-14-9 of this chapter constitutes the final decision of the city on the matter; this title does not provide for a further administrative appeal of that decision within the city. The applicant or any aggrieved person with lawful standing who appeared in person or in writing before the council may, within fourteen (14) days of the council’s decision, submit a written request for reconsideration to the city clerk, stating the issues to be reconsidered and the specific legal basis for the relief sought. The council shall respond in writing to any timely request for reconsideration within fourteen (14) days of its filing, either modifying its original decision or affirming its prior action. A decision of the council is not a final decision subject to judicial review until it has been rendered in writing and delivered to the applicant, and, if a timely request for reconsideration was filed, until the council has issued its written decision on reconsideration. An aggrieved party may seek judicial review of a final decision of the council as provided by law. (Ord. 2026-12, 1 Sep 2026)
8-14-12: REQUEST FOR HEARING BY AFFECTED PERSONS:
An “affected person” shall mean one having an interest in real property, which may be adversely affected by the issuance or denial of a permit authorizing the development. Any affected person may at any time prior to final action on a rezone, special use, or variance permit, if no hearing has been held on the application, petition the council in writing to hold a hearing as required in section 8-14-7 of this chapter. Upon such petition, the hearing shall be held. After a hearing, the council may:
A. Grant or deny a permit; or
B. Delay such a decision for a definite period of time for further study or hearing not to exceed sixty (60) days. An affected person aggrieved by a decision may, within thirty (30) days after all remedies have been exhausted under local ordinances, seek judicial review. (Ord. 2026-12, 1 Sep 2026)
8-14-13: FEES:
During the process of reconsideration under section 8-14-11 of this chapter, should the council determine that new or additional public hearings must be held, requiring new notice of hearing to be sent or published, the cost of such notice shall be borne by the applicant and shall be paid in advance. Any fee for filing a request for reconsideration shall be paid in advance in the amount set by council resolution. (Ord. 2026-12, 1 Sep 2026)
8-14-14: MEDIATION:
A. Application For Mediation: Mediation shall be requested in writing by any applicant or affected person, or by the mayor or a member of the city council, affected by any decision of the council under this chapter, at any time prior to the filing of a lawsuit with the district court.
B. Mediation Session: The applicant and any person(s) objecting to the application on the basis of a mediation application shall participate in at least one mediation session if mediation is requested. The city shall select the mediator and shall pay the expense of mediation for the first meeting among mediating parties. Compensation of the mediator shall be determined among each party participating in the mediation prior to or at the outset of the first mediation.
C. Participation: Unless the parties participating in the first mediation session have been directed to participate in mediation by the council, an applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant.
D. Time Limitation: Upon request for mediation, any time limitation shall be tolled. Such tolling shall cease when the first of any of the following occurs:
1. When the applicant or any affected person(s) has participated in at least one mediation session and states in writing that no further participation by that party is desired. The person making such statement is obligated to serve or deliver a copy of same to all parties entitled to notice; or
2. Upon receipt by the city, as well as the applicant or affected person, of a written refusal by the applicant or affected person to mediate when such person is not obligated to mediate as herein provided. The party declining to mediate shall have the obligation of giving notice of the same to all parties to whom notice should be given; or
3. Upon notice of a request for mediation where no mediation session is scheduled for at least twenty eight (28) days from the date of such a request.
E. Public Hearing: A public hearing shall be held before the city council where a resolution through mediation occurs following a final decision on an application made on the basis of such mediation.
F. Not Part Of Official Record: The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 2026-12, 1 Sep 2026)
8-15: SPECIAL USE:
8-15-1: GENERAL:
It is recognized that an increasing number of new kinds of uses are appearing, and that many of these and some other conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. The council shall hold a public hearing on each special use permit application as specified in the schedule of regulations. The council may approve, conditionally approve or deny a special use permit under the conditions herein specified and such additional safeguards as will uphold the intent of this title. (Ord. 2026-12, 1 Sep 2026)
8-15-2: CONTENTS OF APPLICATION FOR SPECIAL USE PERMIT:
An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following:
A. Name, address and phone number of applicant and name, address and phone number of owner, if applicant is not the owner;
B. Legal description of property;
C. Description of existing use;
D. Zoning district;
E. Description of proposed special use;
F. A plan drawn to an approved scale of the proposed site for the special use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the council may require to determine if the proposed special use meets the intent and requirements of this title; and
G. A narrative statement evaluating the effect on adjoining property, the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property, a discussion of the general compatibility with adjacent and other properties in the district, and the relationship of the proposed use to the comprehensive plan. (Ord. 2026-12, 1 Sep 2026)
8-15-3: GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USES:
The council shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
A. Will in fact, constitute a special use as established on the official schedule of district regulations for the zoning district involved;
B. Will be harmonious with and in accordance with general objectives or with any specific objective of the comprehensive plan and/or the zoning ordinance;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or the persons or agencies responsible for the establishments of the proposed use shall provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (Ord. 2026-12, 1 Sep 2026)
8-15-4: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following:
A. Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development the council shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration of the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days the council shall resume consideration of the special use application.
B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large scale developments the council shall require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 2026-12, 1 Sep 2026)
8-15-5: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
In granting any special use, the council may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this title and may be subject to revocation of said permit. (Ord. 2026-12, 1 Sep 2026)
8-15-6: TRANSFER OF SPECIAL USE PERMITS:
Special use permits will transfer with the change of ownership of the property unless prohibited by specific condition(s) of the permit. Prohibition or special provisions for transfer of permit may be specified as conditions of permit approval. (Ord. 2026-12, 1 Sep 2026)
8-15-7: PROCEDURE FOR HEARING AND NOTICE:
Prior to granting a special use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the premises not less than one week prior to the hearing. Notice shall also be provided to property owners or purchasers of record within three hundred feet (300′) of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the council. When notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of the mailing notification, two (2) notices in the newspaper or paper of general circulation is sufficient; provided, the second notice appears ten (10) days prior to the public hearing. If notice is given to fewer than two hundred (200) property owners or purchasers of record, notice shall be by regular first class mail with postage prepaid to the address shown on the rolls of the county tax collector at the time of mailing. An agent from the respective jurisdiction who mails the notices shall file a certificate with the council secretary showing the date of mailing and listing the names and addresses to which the notice was sent. (Ord. 2026-12, 1 Sep 2026)
8-15-8: SPECIAL REQUIREMENTS FOR HEARINGS IN THE COUNTY:
In cases where the parcel or property involved in the special use application is located outside any of the incorporated city limits the following additional hearing requirements shall apply:
A. If the parcel borders on or is close to a city limits notice shall be provided to property owners or purchasers of record located in the city limits within three hundred feet (300′) of the external boundaries of the land being considered. In addition notice shall be provided to property owners or purchasers of record located outside the city limits within one-half (1/2) mile of the external boundaries of the land being considered. (Ord. 2026-12, 1 Sep 2026)
8-15-9: RESERVED: (Ord. 2026-12, 1 Sep 2026)
8-15-10: ACTION BY THE COUNCIL:
Within twenty eight (28) days after the public hearing, the council shall either approve, conditionally approve, postpone decision for further study or disapprove the application as presented. If the application is approved or approved with modifications the council shall direct the administrator to issue a special use permit listing the specific conditions specified by the council for approval. Upon granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those:
A. Minimizing adverse impact on other development;
B. Controlling the sequence and timing of development;
C. Controlling the duration of development;
D. Assuring that development is maintained properly;
E. Designating the exact location and nature of development;
F. Requiring the provision for on site public facilities or services;
G. Requiring more restrictive standards than those generally required in an ordinance; and
H. Limiting duration of the special use permit and requiring termination of the use upon expiration of the permit. Prior to granting a special use permit, the council may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit is not transferable from one parcel of land to another. Upon granting or denying an application the council shall specify:
A. The ordinance and standards used in evaluating the application;
B. The reasons for approval or denial; and
C. The actions, if any, that the applicant could take to obtain a permit. (Ord. 2026-12, 1 Sep 2026)
8-15-11: NOTIFICATION TO APPLICANT:
Within seven (7) days after a decision has been rendered the administrator shall provide the applicant with written notice of the action on the request. (Ord. 2026-12, 1 Sep 2026)
8-15-12: APPEAL PROCEDURES:
Appeals shall be the procedure as stated in section 8-14-13 of this title. (Ord. 2026-12, 1 Sep 2026)
8-16: AMENDMENTS:
8-16-1: GENERAL:
Whenever the public necessity, convenience, general welfare or good zoning practices require, the city council may, by ordinance and subject to the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 2026-12, 1 Sep 2026)
8-16-2: INITIATION OF ZONING AMENDMENTS:
Amendments to this title may be initiated in one of the following ways:
A. By adoption of a motion by the city council; or
B. By the filing of an application by a property owner or a person who has an existing interest in property within the area proposed to be changed or affected by said amendment. (Ord. 2026-12, 1 Sep 2026)
8-16-3: CONTENTS OF APPLICATION:
Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:
A. Name, address and phone number of applicant;
B. Proposed amending ordinance, approved as to form by the city attorney;
C. Present land use;
D. Present zoning district;
E. Proposed use;
F. Proposed zoning district;
G. A vicinity map at a scale approved by the administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require;
H. A list of all property owners and their mailing addresses who are within three hundred feet (300′) of the external boundaries of the land being considered;
I. A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area and quantifiable data that will verify that rezoning would not cause economic, social or physical stress on existing uses of surrounding areas; and
J. A fee as established by the council. (Ord. 2026-12, 1 Sep 2026)
8-16-4: PUBLIC HEARING:
A. Requests for an amendment to the zoning ordinance shall be submitted to the administrator, who shall evaluate the request to determine the extent and nature of the amendment requested.
B. If the request is in accordance with the adopted comprehensive plan, the city council may adopt or reject the ordinance amendment under the notice and hearing procedures provided in this section.
C. If the request is not in accordance with the adopted comprehensive plan, the request shall first be considered as an amendment to the comprehensive plan, which the city council may adopt or reject under the notice and hearing procedures provided in section 67-6509, Idaho Code. After the comprehensive plan has been amended, the zoning ordinance may then be amended as provided in this section.
D. Zoning amendments may consist of text or map revisions. The city council shall conduct at least one public hearing on a proposed zoning amendment, at which interested persons shall have an opportunity to be heard.
1. Text Amendment: At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and of the amendment shall be published in the official newspaper or a paper of general circulation within the jurisdiction.
2. Map Amendment: At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and an accurate summary of the amendment shall be published in the official newspaper or a paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents of the land being considered, owners and residents within three hundred feet (300′) of the external boundaries of the land being considered, and any owners and residents of additional areas that may be impacted by the proposed change as determined by the city council. A copy of the notice shall be posted on the subject property at least one week prior to the hearing. When notice is required to two hundred (200) or more property owners or residents, in lieu of mail notification, two (2) notices in the official newspaper or a paper of general circulation is sufficient, provided that the second notice appears ten (10) days prior to the public hearing. If notice is given to fewer than two hundred (200) property owners or purchasers of record, notice shall be by regular first class mail with postage prepaid to the address shown on the rolls of the county tax collector at the time of mailing. The city official who mails the notices shall file a certificate with the city clerk showing the date of mailing and listing the names and addresses to which the notice was sent.
3. Material Change: Following the public hearing, if the city council makes a material change from what was presented at the hearing, further notice and hearing shall be provided before the city council adopts the amendment. (Ord. 2026-12, 1 Sep 2026)
8-16-5: ACTION BY CITY COUNCIL:
Within seventy (70) days from the receipt of a proposed amendment, the city council shall approve, approve with modification, or deny the amendment. Any approval shall be in accordance with the comprehensive plan and established goals and objectives. Upon granting or denying an application to amend the zoning ordinance, the city council shall specify:
A. The ordinance and standards used in evaluating the application;
B. The reasons for approval or denial; and
C. The actions, if any, that the applicant could take to obtain an amendment to the ordinance or a permit to use the applicant’s property in the way which the applicant seeks, if a means exists to obtain such permit. In the event the city council approves an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance. (Ord. 2026-12, 1 Sep 2026)
8-16-6: RESERVED: (Ord. 2026-12, 1 Sep 2026)
8-16-7: RESERVED: (Ord. 2026-12, 1 Sep 2026)
8-16-8: RESUBMISSION OF APPLICATION:
No application for a reclassification of any property which has been denied by the city council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purpose within a period of one year from the date of such final action, unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 2026-12, 1 Sep 2026)
8-17: RESERVED:
8-18: TELECOMMUNICATIONS TOWERS, ANTENNAS, AND RELATED FACILITIES:
8-18-1: GENERAL, SCOPE, AND APPLICABILITY:
A. General: The purpose of this chapter is to provide a set of standards for the development and installation of telecommunication towers, antennas and related facilities. The regulations contained herein are designed to protect and promote public health, safety and the community welfare of the city of Minidoka, and to encourage managed development of telecommunications infrastructure, while not unduly restricting the development of needed telecommunications facilities.
B. Scope And Applicability: The city shall apply these regulations to accomplish the following:
1. Minimize adverse visual effects of telecommunication towers, antennas and related facilities through design and siting standards.
2. Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the federal telecommunications act of 1996 are provided to serve the community.
3. Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of the citizens of Minidoka.
4. Protect environmentally sensitive areas of the city by regulating the location, design, and operation of telecommunications facilities.
5. Encourage the use of alternative support structures, collocation of new antennas on existing telecommunications towers, camouflaged towers, and construction of towers with the ability to collocate more than one provider.
6. Protect the community’s visual quality and safety while facilitating the reasonable and balanced provision of telecommunications services. More specifically, it is the city’s goal to minimize the visual impact of towers on the community, particularly in and near residential zones and in and along highly visible corridors.
7. Establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of telecommunications equipment, to provide advanced communication services to the city, its residents, businesses, and community at large.
8. Avoid potential damage to property caused by towers, facilities, and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maint ained, repaired, and removed when no longer used; and
9. Provided regulations which are specifically not intended to, and shall not be interpreted or applied to, i) prohibit or effectively prohibit the provision of telecommunications services, ii) discriminate among functionally equivalent service providers, or iii) regulate facilities and transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission. Furthermore, this chapter is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by Idaho statutes or as preempted by federal law. (Ord. 2026-12, 1 Sep 2026)
8-18-2: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, or words used herein shall be defined as follows:
ALTERNATIVE SUPPORT STRUCTURE: Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.
ANTENNA: An exterior transmitting or receiving device mounted on a tower, pole, building or other structure and used in communications that sends or receives wireless signals, radio frequencies or other signals.
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’s Mayor and City Council.
APPLICANT: Any person engaged in the business of providing telecommunications services or the infrastructure required for telecommunications services and who submits an application.
APPLICATION: A written request, on a form provided by the city, for a permit.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, or property of any kind.
COLLOCATION: The mounting or installation of equipment on a tower, pole, building or other structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.
EASEMENT: As used in this chapter, shall mean an easement granted to or reserved by the City for municipal or public purposes, including, but not limited to: access to City property; use of land for access by the City to utilities, or use of land to place City utilities upon; or access to utilities or use of land by franchisees or use by other authorized third party utility providers, as provided in Idaho Code section 50-329A, or by other providers or persons, or otherwise provided by law.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications Commission.
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.
LAWS: Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, resolution or ordinance.
MACRO CELL: An antenna or antennas mounted on or in a tower, ground-based mast, rooftops or structures, at a height that provides coverage to a large surrounding area.
MONOPOLE: A telecommunications tower of a single pole design.
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.
ORDINARY MAINTENANCE OR REPAIR: Inspection, testing or repair that maintains functional capacity, aesthetic, and structural integrity of the associated structure, pole or tower, and that does not involve disturbing any portion of the easement.
PERMIT: A permit issued and described in accordance with laws, which is used to regulate, monitor and control improvements, construction or excavation activities, or other work or activity within or outside of the easement.
PERSON: An individual, corporation, limited liability company, partnership, association, trust, or any other entity or organization.
PLATFORM (ANTENNAS): A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.
PROVIDER: A service provider or infrastructure provider and includes any person that owns or operates facilities within or outside of the easement.
REPLACE OR REPLACEMENT: In connection with facilities and a corresponding pole, structure or tower, to replace the same with something that is substantially similar in design, size, color and scale to the existing facilities or structure.
SATELLITE DISH: A device incorporating a reflective surface that 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 dishes.
STATE: The State of Idaho.
STEALTH: A design that minimizes the visual impact of towers, antennas, and facilities by camouflaging, disguising, screening, or blending them into the surrounding environment. Examples of stealth design include, but are not limited to, facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights, and architecturally screened roof-mounted antennas or flush-mounted antennas that are either painted to match or enclosed in an architecturally-applicable box.
TELECOMMUNICATION FACILITY: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals.
TELECOMMUNICATION SUPPORT FACILITY: The telecommunication equipment buildings and equipment cabinets.
TOWER: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless services including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Towers include camouflaged or stealth towers, lattice towers, guyed towers, and monopole towers.
TOWER, CAMOUFLAGED OR STEALTH: Any telecommunications tower that due to design or appearance entirely or partially hides, obscures, or conceals the presence of the tower and antennas.
TOWER FARM: A parcel of ground on which multiple telecommunications 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.
TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for any FCC-licensed or authorized wireless service, including, but not limited to, radio transceivers, antennas, microwave dishes, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (Ord. 2026-12, 1 Sep 2026)
8-18-3: EXEMPTIONS:
The following shall be permitted without city review and approvals:
A. Receive Only Antennas: The use of all television antennas, satellite dishes and receive only antennas for private television reception, provided the use is accessory to the primary use of the property.
B. Amateur Radio: This chapter shall not govern the installation of any antenna and their supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive only antennas.
C. Utility Pole Mounted Antennas: Utility pole mounted antennas if the height of the antenna is ten feet (10′) or less above the highest part of the utility pole.
D. A facility installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements. The facility shall be exempt from the provisions of this section for up to one month after the duration of the state of emergency.
E. A temporary facility installed for providing coverage of a special event such as news coverage or a sporting event, subject to any required approvals by the city. The facility shall be exempt from the provisions of this section for up to two weeks before and one week after the duration of the special event.
F. Antennas attached to existing structures (such as office buildings, houses, or apartments) for Internet purposes and used solely for occupants of the building to which the antennas are attached as long as the height limitations of the zoning district are not exceeded and design standards are met.
G. City facilities, equipment and services, including, but not limited to, those involving police, fire, public health and safety. (Ord. 2026-12, 1 Sep 2026)
8-18-4: PERMITTED/PROHIBITED LOCATIONS:
A. Permitted Locations: Telecommunications facilities may be permitted in zoning districts as established by the official schedule of zoning regulations.
B. Prohibited Locations: No towers will be allowed in the following areas without a special use permit and variance from City Council:
1. Historic sites, as defined by local, state, or federal regulation.
2. Critical species habitats, as defined by local, state, or federal regulation.
3. Wetlands, as defined by local, state, or federal regulation.
4. Floodplains, as defined by local, state, or federal regulation. (Ord. 2026-12, 1 Sep 2026)
8-18-5: SPECIAL USE PERMIT:
An application will be submitted for approval pursuant to the procedure established in chapter 15 of this title for the location and construction of telecommunication towers or associated structures.
A. Submittal Information: Applications for telecommunication towers and associated structures will provide the following information:
1. Completed special use permit application.
2. Original signature of applicant and landowner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the underlying property owner must authorize the application).
3. The name, address and telephone number of the prospective tower owner and, if applicable, the lessee of the tract of land upon which the tower is to be located.
4. The identity of applicant, landowner, and service provider and their legal status.
5. The name, address, and telephone number of the officer, agent, and/or employee responsible for the accuracy of the application.
6. A survey, showing the parcel boundaries, tower, facilities, location, access, landscaping, and fencing.
7. Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway.
8. A scaled site plan clearly indicating the location, type, height, and width of the proposed tower, a depiction of all proposed transmission and reception equipment, setbacks from property lines, topography, fencing, finished color, method of camouflage, and other information deemed necessary to assess compliance with this chapter.
9. A clear and complete written statement of purpose which shall minimally include: i) a description of the objective to be achieved; ii) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and iii) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a professional engineer.
10. Descriptions and diagrams of the proposed tower, facilities and antennas, manufacturer’s literature, buildings, a driveway, parking area, and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.
11. A written legal description of the site.
12. In the case of a leased site, a lease agreement or binding lease memorandum, which shows on its face that it does not preclude the tower owner from entering into leases on the tower with other provider(s).
13. A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions.
14. FCC license numbers and registration numbers, if applicable, and an Environmental impact study (EIS), if applicable.
15. An alternative sites analysis prepared by the applicant or on behalf of the applicant by its designated technical representative, subject to the review and approval of the mayor and city council, which identifies all reasonable, technically feasible, alternative locations or facilities which could provide the proposed telecommunications service. The intention of the alternative sites analysis is to present alternative strategies that could minimize the number, size, and adverse environmental impacts of towers necessary to provide the needed services to the city. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the review and approval of the mayor and city council. The city may require independent verification of this analysis at the applicant’s expense; the consultant will be chosen by the mayor and city council from a list mutually agreed upon by the city and the telecommunications applicant.
17. Tabular and map inventory of all of the applicant’s existing telecommunication towers that are located within the city of Minidoka and including all of the applicant’s existing towers within one thousand five hundred feet (1,500′) of the city boundary. The inventory shall specify the location, height, type, and design of each of the applicant’s existing telecommunication towers, and the ability of the tower or antenna structure to accommodate additional collocation antennas.
18. A report prepared by an engineer licensed by the state of Idaho certifying the structural design of the tower and its ability to accommodate additional antennas.
19. Proof of liability insurance coverage.
20. Proof of notification to and request for approval from the FAA with respect to the tower location, height and lighting requirements.
21. Such other information as the mayor and city council may require.
B. Collocation: As a condition of approval of the special use permit and/or building permit all tower owners shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service, or if the parties are unable to agree upon commercially reasonable terms and conditions. All telecommunication support facilities shall be designed to facilitate site sharing. Special use permits or building permits for new telecommunication towers will not be issued until the applicant demonstrates that collocation on an existing facility is not feasible. Feasibility shall be determined through a review process by the mayor and city council.
C. Technical Review: The Mayor’s office, upon direction of the city mayor and city council, shall hire on behalf of the city an independent technical expert to review materials submitted. The consultant will be chosen from a list mutually agreed upon by the city and the applicant. The applicant shall pay all the costs of said review. The payment to the Mayor’s office shall be due upon receipt of the invoice. All fees and charges accumulated for the technical review must be paid in full prior to the issuance of the special use permit.
D. Required Submittals Following Permit Approval: For each telecommunications tower or associated structure’s special use permit approved by the city mayor and city council, the applicant shall submit the following before the special use permit will be issued:
1. Copies of the determination of no hazard from the FAA including any aeronautical study determination or other findings and other agencies, if applicable.
2. Copies of any environmental assessment (EA) reports, if applicable.
3. Copies of any filings submitted to the FCC shall be submitted within thirty (30) days of filing.
4. Proof of bond as security for removal. (Ord. 2026-12, 1 Sep 2026)
8-18-6: ANNUAL INFORMATION REPORT:
A. Purpose: The purpose of the annual review report is to provide the city with accurate and current information concerning the telecommunications tower owners and providers who offer or provide telecommunications services within the city, to assist the city in enforcement of this chapter, and to assist the city in monitoring compliance with the special use permit.
B. Required Submittals: All tower owners of any new or existing telecommunication tower shall submit annually on or before January 31st of each year, to the Mayor’s office, an annual information report. The annual report shall include the following:
1. The tower owner name(s), address(es), phone number(s), and contact person(s).
2. Annual review fee.
3. Proof of bond as security for removal.
4. List of all collocating operators utilizing the tower.
C. Annual Report Fee: Following the special use permit approval, and every year thereafter the tower owner shall submit, on or before January 31 of each year, to the Mayor’s office, an annual review fee of one hundred dollars ($100.00) for each tower site. The fee submittal is the responsibility of each tower owner. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information. (Ord. 2026-12, 1 Sep 2026)
8-18-7: REMOVAL AND SECURITY FOR REMOVAL:
A. Removal: It is the express policy of the city that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the tower owner’s responsibility to remove such facilities and restore the site to its original condition or a condition approved by the city mayor and city council. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications facility down to five feet (5′) below the surface. After a telecommunications facility is no longer in operation, the tower owner shall have ninety (90) days to effect removal and restoration unless weather prohibits such efforts.
B. Security For Removal: The telecommunications tower owner shall provide to the city of Minidoka, prior to the issuance of the special use permit or the issuance of a building permit, a performance bond in the amount of twenty thousand dollars ($20,000) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the telecommunications facility will be removed when it is no longer in operation. The City will be named as obligee in the bond and must approve the bonding company. (Ord. 2026-12, 1 Sep 2026)
8-18-8: PREEXISTING TELECOMMUNICATION TOWERS:
A. Nonconforming And Conforming: Telecommunication tower and facility owners or operators may add to, move or replace the tower and facilities upon approval of the administrator. An existing tower may be replaced by the same size of tower, increased in height a maximum of fifty feet (50′), and/or relocated or reconstructed within fifty feet (50′) of its existing location to accommodate collocation subject to meeting all the applicable sections of this chapter. Routine maintenance and repair on telecommunications facilities is permitted.
B. Existing Use Review:
1. Towers Structurally Capable For Collocation: Beginning with the effective date hereof, all telecommunications tower owners, applicable to the requirements of this chapter operating in the city of Minidoka prior to the adoption of this chapter, shall provide the information required under section 8-18-5 of this chapter (except proof of bond and proof of insurance), and pay the annual fee for tower site on or before January 31 of each year. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information and payment.
2. Towers Structurally Incapable For Collocation: Beginning the effective date hereof, all telecommunications tower owners, applicable to the requirements of this chapter operating in the city of Minidoka prior to the adoption of this chapter, shall provide the information required under section 8-18-5 of this chapter (except proof of bond and proof of insurance), and submit documents that the tower is structurally incapable of collocation, and pay a fee equivalent to the annual fee for each tower site on or before the following January 31. Failure to provide this information and payment shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information and payment. (Ord. 2026-12, 1 Sep 2026)
8-18-9: ENFORCEMENT:
A. Revocation: Grounds for revocation of the special use permit for telecommunications towers and associated structures, shall be subject to one or more of the following findings:
1. The owner of such site, service provider or tower owner fails to comply with any of the requirements of this chapter;
2. The permittee has failed to comply with the conditions of approval of the special use permit;
3. The facility has not been properly maintained; or
4. The tower has been abandoned.
B. Revocation Process: The following is the procedure for revocation of a special use permit for telecommunication towers and associated structures:
1. The owner of such site, service provider, or tower owner shall be notified by certified mail of noncompliance by the city’s Mayor’s office.
2. The recipient shall comply with such notice within thirty (30) days to the satisfaction of the administrator.
3. If compliance is not obtained within thirty (30) days, the administrator shall notify the city attorney of the noncompliance and proceed with the revocation process. (Staff, to adjust for seasonal limitations, may extend this time period.)
C. Abandonment: Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Time may be extended upon review and approval of the administrator, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply:
1. The owner of such antenna or tower shall remove said antenna and/or tower including all supporting equipment and building(s) within ninety (90) days of receipt of notice from the Mayor’s office notifying the owner of such abandonment. If removal to the satisfaction of the Mayor’s office does not occur within said ninety (90) days, the city will order removal utilizing the established bond and salvage said antenna or tower and all supporting equipment and building(s). All costs of removal, including, but not limited to, damages, expenses, attorneys’ fees and restoration shall be the responsibility of the owner. If there are two (2) or more users of a single tower, then these provisions shall not become effective until all operations of the tower cease.
2. The recipient of a special use permit for a telecommunications tower under this chapter shall notify the Clerk when the facility is no longer in operation. (Ord. 2026-12, 1 Sep 2026)
8-18-10: STRUCTURAL DESIGN AND STANDARDS:
A. Tower, Antenna And Facilities Requirements:
1. All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible.
2. All telecommunication facilities shall comply at all times with all FCC rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any area that exceed the FCC adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunication towers and antennas shall, at a minimum, meet the safety standards and regulations in place at the time of the issuance of the special use permit, of the FCC and FAA, Idaho Division of Aeronautics, and the Occupational Safety and Health Administration (OSHA).
3. Telecommunication towers shall be constructed out of steel, aluminum or other nonflammable material.
4. All ground mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the mayor and city council that a guyed tower is required.
5. Satellite dishes shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
6. Telecommunications support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only). Telecommunications support facilities shall be designed to blend in with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.
7. Telecommunications towers, facilities and antennas shall be designed and constructed in accordance with the uniform building code and other applicable state and federal requirements.
8. The maximum height of an antenna platform located on a rooftop shall be twenty feet (20′) above the roof.
9. Telecommunication facilities shall not interfere with the signals of or physically obstruct existing or proposed public safety, fire protection or supervisory control and data acquisition (SCADA) operations. The facilities owner, at no cost to the city, shall correct any actual interference and obstruction.
B. Height: In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted.
C. Security Lighting: Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is permitted, as long as it complies with the city Code.
D. Current Standards: All towers, poles, antennas and related equipment must meet current standards and regulations of the FAA, the FCC and any other agency of the federal or state government with the authority to regulate towers, poles, antennas and related equipment.
E. Structural Integrity: To ensure the structural integrity of towers and poles, the towers and poles must be maintained in compliance with industry standards and applicable codes.
F. Signage: No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the city.
G. Visual Impact: All towers, poles, facilities, and equipment in or near residential zones shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the towers, poles, facilities and equipment. Such towers, poles, facilities and equipment shall be integrated through location and design to blend in with the existing characteristics of the site. Such towers, poles, facilities, and equipment shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be reasonably compatible with the built environment, through matching and complementary existing structures and specific design considerations such as architectural designs, height, scale, color, and texture or be reasonably consistent with other uses and improvements permitted in the relevant zone.
H. Antenna Arrays: Antenna arrays are permitted in any zone as long as they are located upon an existing structure (except on single family houses, apartments, or duplexes) that provides sufficient elevation for the array’s operation without the necessity of constructing a tower, pole, or other apparatus to extend the antenna array more than twenty feet (20′) above the structure. If any tower, pole, or other apparatus exceeding the height extension of twenty feet (20′) is needed to achieve the desired elevation, then a special use permit, and if applicable, height variance is required from the City Council.
I. Site Design Flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography, and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the tower, pole, equipment, and facilities may be installed so as to best camouflage, disguise, or conceal them to make them more closely compatible with and blend into the setting or host structure, upon approval by the city.
J. Lighting: Telecommunication towers shall not be artificially lighted unless required by the FAA or other applicable regulatory authority.
K. Site Development And Roads:
1. A leased parcel intended for the location of new telecommunication towers and associated structures shall maintain a minimum parcel size, of three thousand (3,000) square feet, subject to the approval of the City mayor and city council. The council may modify the leased parcel size after public hearing and review.
2. A parcel owned by the telecommunication carrier or provider and intended for the location of a new telecommunication towers and equipment buildings shall meet the size requirements of the mayor and city council.
3. All sites must be served by an easement with a turnaround. The City mayor and city council may modify the easement and turnaround requirement after public hearing and review. All sites shall use existing access points and roads whenever possible. The applicable road jurisdiction shall approve the access point to the site.
L. Vegetation Protection And Facility Screening:
1. All telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary to be compatible with adjoining and surrounding areas. For purposes of this section, “mature landscaping” shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening.
2. Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required vegetation and landscaping.
M. Fire Prevention: All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
N. Noise And Traffic: All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented for telecommunication facilities:
1. Noise producing construction activities shall only take place on weekdays (Monday through Friday, nonholidays) between the hours of seven o’clock (7:00) A.M. and five o’clock (5:00) P.M., except in times of emergency repair.
2. Backup generators shall only be operated during power outages and for testing and maintenance purposes. (Ord. 2026-12, 1 Sep 2026)
8-18-11: SEPARATION AND SETBACK REQUIREMENTS:
A. Separation Requirements: Minimum separation required between telecommunication towers (by tower type):
Tower Type
Lattice
Guyed
Monopole
Lattice
2,500 feet
3,500 feet
1,000 feet
Guyed
3,500 feet
3,500 feet
1,000 feet
Monopole
1,000 feet
1,000 feet
1,000 feet
1. Two (2) or more towers may be permitted to be located within one hundred feet (100′) of each other subject to approval of special use permit or when located in a tower/antenna farm.
2. Camouflaged towers are exempt from the separation requirement between towers listed above.
3. Even when reduction in separations are allowed location or placement shall comply with separate setback requirements.
B. Setback Requirements: All setbacks shall be measured from the base of the tower or structure and are required as follows:
1. Setback requirements shall apply to new towers and antennas, existing towers or antennas are allowed to remain in their present location.
2. Setbacks from all habitable residential buildings, except buildings located on the subject parcel, shall be a distance equal to one hundred twenty five percent (125%) of the height of the tower.
3. Setbacks from all historic sites and districts shall be a distance equal to one hundred twenty five percent (125%) of the height of the tower from historic sites and districts.
4. Setbacks from property lines shall be setback a minimum of one hundred twenty five percent (125%) of the height of the tower from all property lines. This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line. Under special circumstances the Minidoka mayor and city council may modify this setback requirement after public hearing and review.
5. Setback from the high-water mark of the Snake River shall be a minimum of one hundred twenty five percent (125%) of the tower height measured from the natural high-water mark.
6. All guywire anchors shall be at least one hundred feet (100′) from all property lines. Under special circumstances the Minidoka mayor and city council may modify this setback requirement after public hearing and review. (Ord. 2026-12, 1 Sep 2026)
8-18-12: PERMITS:
A. Special Use Permit: A special use permit is required for all telecommunication towers and associated structures as established by the official schedule of zoning regulations. The administrator shall approve collocation on facilities previously approved by Minidoka mayor and city council administratively, provided that the applicant complies with the provisions of this chapter and provides a completed application, and application and permit fee.
B. For purposes of this section, any special use permit application shall require an applicant to notify surrounding property owners located within one (1) mile of the legal boundary of the real property where the tower is to be located. An applicant or its designee shall provide that list to the city.
C. Building Permit: A building permit will be required for all telecommunication towers and associated structures. No building permit will be required for the installation of additional equipment directly to the tower or antenna for the purpose of collocation.
D. Effect of Permit: A permit from the city authorizes an applicant to undertake only the activities specified in the application and permit, and in accordance with this chapter. A permit does not authorize attachment to or use of existing poles or other structures in the right-of-way. A permittee or provider must obtain all necessary written approval from the owner of any pole or other support structure prior to any attachment or use and such written approval shall be submitted with the permit request. A permit does not create a property right for the applicant. The applicant shall not interfere with other uses or users of the right-of-way.
E. Ordinary Maintenance or Repair: A permit shall not be required for ordinary maintenance or repair. The provider or other person performing the ordinary maintenance or repair shall obtain any other permit required by applicable laws. (Ord. 2026-12, 1 Sep 2026)
8-18-13: FEES AND BONDS:
All permits pursuant to this chapter shall be accompanied by the requisite fees required by the city. Unless otherwise agreed to in writing by the city, a performance or construction bond or other form of surety acceptable to the city equal to at least one hundred twenty five percent (125%) of the estimated cost of the work on public property or city easements shall be provided before the applicant commences work. The bond shall be released after city inspection and completion of construction to the city’s satisfaction. (Ord. 2026-12, 1 Sep 2026)
8-18-14: CONSTRUCTION PROVISIONS:
A. Construction: All structures shall be constructed and installed to manufacturer’s specifications and constructed to withstand wind speed as required by Industry standards.
B. As-Builts and Maps: The provider shall furnish to the City paper and electronic maps showing the location of its equipment in the easement or on other public property and as-builts after construction is completed.
C. Safety and Due Care: The provider shall employ due care during the installation, maintenance or any other work and shall comply with all safety and construction requirements of applicable laws, city guidelines, standards and practices and any additional commonly accepted safety standards.
D. Compliance with Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The city and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. Any equipment that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the provider. The city may stop work in order to assure compliance with the provisions of this chapter.
E. Report: A written report will be prepared, signed and sealed by a professional engineer or qualified employee of the provider which assesses whether the proposed facilities demonstrate compliance with the Radio Frequency emissions limits established by the FCC.
F. Inspections:
1. The city reserves the right to conduct an inspection of new or existing towers, antenna support structures, equipment, and facilities upon reasonable notice to the owner or operator to determine compliance with this chapter and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with any construction standards set forth in the city Code, federal and state laws and applicable Industry standards.
2. If, upon inspection, the city concludes that a tower, antenna support structure, equipment or facilities fail to comply with codes or standards and constitute a danger to persons or property, then upon written notice being provided to the owner or operator, the owner or operator shall have sixty (60) days to bring such into compliance with the codes and standards. Failure to bring such into compliance within said sixty (60) days shall constitute grounds for removal at the owner’s or operator’s expense.
G. Maintenance: The tower, antenna support structures, equipment and facilities shall at all times be kept and maintained in good condition, order and repair so that the same do not constitute a nuisance to or a danger to the life or property of any person or the public.
H. Commercial Purposes: Macro cell towers used for commercial purposes may be allowed on private property or public property with a special use permit and building permit in those zoning districts as authorized by the city.
I. Compliance: The submittal shall include an Idaho PE stamped foundation and structural drawings as well as a PE stamped structural analysis (the loaded tower drawing with all antennas and hardware in place and the wind loading calculations). Upon completion of construction, the macro cell tower will be inspected by a third-party professional at the expense of the tower owner. (Ord. 2026-12, 1 Sep 2026)
8-18-15: INDEMNIFICATION:
Each permit issued for a tower, antenna support structure, equipment or facilities located on city property shall be deemed to have as a condition of the permit a requirement that the applicant and provider defend, indemnify and hold harmless the city and its officers, agents, employees, volunteers and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, a granted permit, installation, construction, location, performance, operation, maintenance, repair, replacement, removal or restoration of the tower, antenna support structure, equipment or facilities, except to the extent such claims, suits, demands, or causes of action arise from the negligence or willful misconduct of the city. (Ord. 2026-12, 1 Sep 2026)
8-18-16: INSURANCE:
No person shall own or operate a tower, antenna support structure, equipment or facilities on city property without having secured and at all times maintain in place insurance coverage which conforms to the following:
A. Comprehensive general liability, automobile, workers compensation, employers’ liability and umbrella insurance in amounts satisfactory to the city;
B. The city and its officers, elected and appointed officials, employees, and agents shall be named as additional insureds;
C. All insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State with a satisfactory Best’s rating of A-VII and shall contain an endorsement obligating the insurance company to furnish the city with at least thirty (30) days prior written notice in advance of the modification or cancellation of the insurance, and the insurance must be replaced up to its original amount(s); and
D. Certificates of insurance evidencing the required coverages must be furnished to the city prior to the issuance of the special use permit and building permit. (Ord. 2026-12, 1 Sep 2026)
8-18-17: ILLUMINATION AND SECURITY FENCES:
A. Illumination: In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this section shall be equipped with lighting that minimizes its effect on residential zoned properties.
B. Security Fences: All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude, to the extent practical, unauthorized climbing of said structure. (Ord. 2026-12, 1 Sep 2026)
8-18-18: COMPLIANCE AND MAINTENANCE:
A. If it is found that the tower, antenna support structure, antennas, equipment or other facilities do not comply with the approved permits, plans and photo simulations, the provider shall make any and all such changes required to promptly bring them into compliance.
B. The tower, equipment, facilities and site, including all landscaping and fencing, must be maintained at all times in a neat and clean manner and in accordance with all approved plans. Graffiti shall be removed promptly by the owner or operator of the tower, equipment, facilities or site, as applicable. (Ord. 2026-12, 1 Sep 2026)
8-18-19: MISCELLANEOUS:
A. Independent Technical and Legal Review: The city may retain the services of an independent technical expert and attorney of its choice to provide technical and legal evaluations of permit applications. The third-party expert shall have recognized qualifications in the field of engineering or telecommunications regulations. The expert’s review may include, but is not limited to (i) the accuracy and completeness of the items submitted with the application; (ii) the applicability of analysis and techniques and methodologies proposed by the applicant; (iii) the validity of conclusions reached by the applicant; and (iv) whether the proposed tower, antenna support structure, antennas, equipment and facilities comply with the applicable approval criteria set forth in this chapter. The applicant shall pay the reasonable cost for any independent consultant fees through a deposit, estimated by the city, within ten (10) days of the city’s request. When the city requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received.
B. Laws: If state or federal law conflicts with these regulations in any material respect, and if such law preempts a provision in these regulations, then the city shall amend these regulations to comply with such law.
C. Severability: If any clause, provision or any other part of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect.
D. Conflict. These regulations are in addition to other regulations in the city Code. In case of a conflict between regulations, the regulations in this chapter shall apply. (Ord. 2026-12, 1 Sep 2026)
8-19: SEXUALLY ORIENTED BUSINESSES:
8-19-1: PURPOSE AND INTENT:
A. The purpose of this chapter is to regulate sexually oriented businesses which sell, display, or distribute indecent materials, or which sponsor, exhibit or engage in conduct, which is indecent, but which is not obscene such as to be prohibited by state law.
B. It is also the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses.
C. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 2026-12, 1 Sep 2026)
8-19-2: DEFINITIONS:
For the purposes of this chapter, certain terms and words are defined as follows:
COUCH OR STRADDLE DANCE: An employee of the establishment intentionally touching or coming within ten feet (10′) of any patron while engaged in the display or exposure of any “specified anatomical area”, or any “specified sexual activity”.
EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any such business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
C. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
D. The relocation of any such sexually oriented business.
LIVE ADULT ENTERTAINMENT: Any exhibition, dance, or performance for consideration by a person who appears nude or seminude, or a performance, which is characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”, including the performance of a “straddle” or “couch” dance.
NUDITY OR STATE OF NUDITY: The appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR: The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED OR LICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.
PUBLIC BUILDING: Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
PUBLIC PARK OR RECREATION AREA: Any public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
PUBLIC PLACE: All outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including, but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission is charged. The term does not include private rooms used primarily for residential purposes, hotel rooms or other private places used for human habitation or bona fide dressing rooms or restrooms.
RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT: Any district established by the zoning ordinance, which is characterized by residential uses.
RESIDENTIAL USE: A single-family dwelling, duplex, townhouse, multiple-family, or mobile park or subdivision and campground or other use characterized by its devotion to human habitation, excluding hotels, motels, boarding establishments or similar commercial establishments.
SCHOOL: Any public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESSES: Those businesses defined as follows: Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computers, or other similar image producing machines, for viewing by five (5) or fewer persons each, are regularly used to show films, motion pictures, videocassettes, DVDs, CD-ROMs, slides, computer generated images, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”. Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment which has significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, DVDs, CD-ROMs, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
C. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas”, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities”. For the purpose of determining whether a significant or substantial portion of the stock in trade or revenues consist of or is derived from the sale of materials which depict or describe “specified sexual activities” or “specified anatomical areas”, the amount of such stock in trade or revenues shall be compared to the aggregate amount of revenues derived from the sale of all such materials sold or displayed and the revenues or amount of stock in trade derived from or consisting of all materials described in subsections A and B of this definition, over a period of at least one month. Adult Cabaret: A nightclub, bar, restaurant, “bottle club”, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: a) persons who appear nude or in a state of nudity or seminude; b) live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”, or c) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”. Adult Motel: A motel, hotel or similar commercial establishment which: a) offers public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, DVDs, CD-ROMs, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or b) offers a sleeping room for rent for a period of time less than ten (10) hours; or c) for any form of consideration, allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours. Adult Motion Picture Theater: A commercial establishment where films, motion pictures, videocassettes, slides, DVDs, CD-ROMs, or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are shown for any form of consideration. Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities”. Escort: A person who, for any form of consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for or dance with another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities”, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas”. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. Nude Model Studio: Any place where a person, who regularly appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Sexual Encounter Establishment: A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” or the exposure of “specified anatomical areas” or activities when one or more of the persons is in a state of nudity or seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SIGNIFICANT OR SUBSTANTIAL: At least twenty five percent (25%).
SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above the top of the areolas; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACT: Any sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations.
SPECIFIED SEXUAL ACTIVITIES: As used in this chapter, means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated; or
D. Human genitals in a state of sexual stimulation, arousal or tumescence.
E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date hereof.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Includes any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
C. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
ZONING ORDINANCE: Minidoka zoning code, as presently constituted or as may be amended hereafter. (Ord. 2026-12, 1 Sep 2026)
8-19-3: ESTABLISHMENT AND CLASSIFICATION OF BUSINESSES:
A. The establishment and operation of a sexually oriented business shall be permitted only in an industrial light (IL) or industrial heavy (IH) zone, and shall be subject to the restrictions set forth in this chapter.
B. No person shall cause or permit the establishment of a sexually oriented business within one thousand feet (1,000′) of another such business or within one thousand five hundred feet (1,500′) of any religious institution, school, boys’ club, girls’ club, or similar existing youth organization, or public park or public building, or within one thousand five hundred feet (1,500′) of any property zoned for residential use or used for residential purposes.
C. Notwithstanding the distance requirements of subsection B of this section, the location of sexually oriented businesses within retail shopping centers in such zones is permitted where such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious institutions, boys’ clubs, girls’ clubs, or similar existing youth organizations, public buildings or residential districts or uses. (Ord. 2026-12, 1 Sep 2026)
8-19-4: MEASUREMENT OF DISTANCE:
Regarding subsection 8-19-3B of this chapter, distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys’ club, girls’ club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest point of the property line of the premises where the sexually oriented business is conducted, to the nearest point of the property line of the premises of a religious institution, public or private elementary or secondary school, boys’ club, girls’ club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes. (Ord. 2026-12, 1 Sep 2026)
8-19-5: LOCATION OF SEXUALLY ORIENTED BUSINESSES:
Sexually oriented businesses shall be permitted only in the IL (industrial light) or IH (industrial heavy) zone and shall otherwise be subject to the provisions of this zoning ordinance applicable to such zones, together with the provisions of this chapter. In the event of any conflict between the zoning ordinance and this chapter, then the provisions of this chapter shall control. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in section 8-19-9 of this chapter. In addition, any person who owns, operates or controls a sexually oriented business shall be subject to the following restrictions:
A. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business except as provided in section 8-19-3 of this chapter.
B. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand five hundred feet (1,500′) of the following:
1. Any religious institution;
2. Any school;
3. The boundary of any residential zone;
4. A public park adjacent to any residential zone;
5. A property line of a lot devoted to residential use; or
6. A boys’ club, girls’ club, or similar existing youth organization, except as provided in subsection 8-19-3C of this chapter.
C. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000′) of another such business, which will include any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in subsection 8-19-3C of this chapter.
D. A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, except as provided in subsection 8-19-3C of this chapter, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
E. It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:
1. By a proprietary school, licensed by the state of Idaho; a college, junior college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time. (Ord. 2026-12, 1 Sep 2026)
A. Any sexually oriented businesses lawfully operating on the effective date hereof that is in violation of sections 8-19-3 and 8-19-5 of this chapter shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of one year, with a possible extension of one year to be granted by the Mayor and city council only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000′) of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming, except as provided in subsection 8-19-3C of this chapter.
B. A sexually oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand five hundred feet (1,500′) of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C. Any establishment subject to the provision of this section shall apply for the permit provided for by section 8-19-9 of this chapter within thirty (30) days of the effective date hereof. Any establishment, existing prior to the effective date hereof, shall comply with the regulations pertaining to sections 8-19-20, 8-19-22, and 8-19-30 of this chapter, within sixty (60) days of the effective date hereof, and all other applicable permit regulations within thirty (30) days of the effective date hereof. (Ord. 2026-12, 1 Sep 2026)
8-19-7: INJUNCTION AND PROSECUTION:
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to locational restrictions is subject to a suit for injunction as well as prosecution for the criminal violation as provided in this code. (Ord. 2026-12, 1 Sep 2026)
8-19-8: PERMIT; PURPOSE AND INTENT:
It is the purpose of this chapter to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to in any way condone or legitimize the distribution of obscene or harmful material to minors. (Ord. 2026-12, 1 Sep 2026)
8-19-9: PERMIT REQUIRED:
A. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business without said permit.
B. The Mayor or the Mayor’s designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. the Mayor or the Mayor’s designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of sections 8-19-3, 8-19-5, and 8-19-6 of this chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date hereof in the city and the city comprehensive plan.
C. The Sheriff shall be responsible for enforcing all other provisions of this chapter. The Sheriff shall, upon request from the Mayor or the Mayor’s designee, provide information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
D. The Mayor or the Mayor’s designee and the applicable law enforcement department shall be jointly responsible for inspecting a proposed, permitted or nonpermitted sexually oriented business in order to ascertain whether it is in compliance with this chapter.
E. An application for a permit must be made on a form provided by the city. Any person desiring to operate a sexually oriented business shall file with the city clerk an original and two (2) copies of a sworn permit application on the standard application form supplied by the city or designee.
F. The completed application shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age;
b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Idaho, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he must state:
a. The sexually oriented business’s fictitious name, and
b. Submit documents evidencing compliance with chapter 5, title 53, Idaho Code.
3. Whether the applicant or any of the other individuals listed pursuant to this section has, within the two (2) or five (5) year period as specified in section 8-19-11 of this chapter immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
4. Whether the applicant or any of the other individuals listed pursuant to this subsection F has had a previous permit under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this subsection F has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
5. Whether the applicant or any other individual listed pursuant to this subsection F holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
6. The single classification of permit for which the applicant is filing.
7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
8. The mailing addresses and residential addresses of the applicant and each partner, member, officer, director and shareholder listed in this subsection F.
9. A recent photograph of the applicant(s) or its manager, partner, member or president.
10. The driver’s permit number, social security number, and/or state or federally issued tax identification number of the applicant or its manager, partner, member or president.
11. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6″).
12. A current certificate and straight line drawing prepared within thirty (30) days prior to application by an Idaho registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand five hundred feet (1,500′) of the property to be certified; the property lines of any established religious institution/ synagogue, school, or public park or recreation area within one thousand five hundred feet (1,500′) of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand five hundred feet (1,500′) of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. Sexually oriented businesses allowed under subsection 8-19-3C of this chapter are exempt from this requirement.
13. If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity, which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.
14. If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, videocassettes, DVDs, CD-ROMs, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at section 8-19-20 et seq., of this chapter.
G. Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the city clerk or his/her designee, shall be grounds for suspension of a permit.
H. In the event that the city clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is expressly allowed an opportunity to properly complete the application.
I. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with all federal, state or city health, fire and building codes and laws.
J. The applicant shall be required to pay a nonrefundable application fee at the time of filing an application under this chapter, which fee shall be in the same amount as the fee required for a special use permit application.
K. Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the Mayor or the Mayor’s designee, or his or her designee, a certification that the proposed location of such business complies with the locational requirements of sections 8-19-5 and 8-19-6 of this chapter.
L. The fact that a person possesses other types of state or city permits and/or licenses does not exempt the applicant from the requirement of obtaining a sexually oriented business permit.
M. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Mayor or the Mayor’s designee, the Sheriff and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.
N. The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed pursuant to section 8-19-19 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed. (Ord. 2026-12, 1 Sep 2026)
8-19-10: INVESTIGATION AND APPLICATION:
A. Upon receipt of an application properly filed with the city clerk and upon payment of the nonrefundable application fee, the city clerk or his/her designee, shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Sheriff and any other city divisions or agencies responsible for enforcement of health, fire and building codes and laws. Each division or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within twenty (20) days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The Sheriff shall only be required to certify the NCIC records request check mentioned in section 8-19-11 of this chapter. The Sheriff shall not be required to approve or disapprove applications.
B. The city council shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. (Ord. 2026-12, 1 Sep 2026)
8-19-11: ISSUANCE OF PERMIT:
A. Application Approval Or Rejection: The city council shall grant or deny an application for a permit within sixty (60) days from the date of its proper filing. Upon the expiration of the sixtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the Mayor or the Mayor’s designee, or his/her designee, notifies the applicant of a denial of the application and states the reason(s) for that denial.
B. Grant Of Application For Permit:
1. The city council shall grant the application unless one or more of the criteria set forth in subsection C of this section is present.
2. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business whether permitted or not may be subject to prohibitions against public nudity and indecency pursuant to the United States supreme court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.
C. Denial Of Application For Permit:
1. The city council shall deny the application for any of the following reasons:
a. An applicant is under eighteen (18) years of age.
b. An applicant or an applicant’s spouse is overdue on his/her payment to the city of any taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
c. An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked by any other governmental or regulatory agency within the preceding twelve (12) months.
d. An applicant has failed to provide information required by this section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.
e. The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire and building codes by the Mayor’s office or agency responsible under law for investigating said compliance.
f. The application or permit fees required by this chapter have not been paid.
g. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter including, but not limited to, the zoning locational requirements for a sexually oriented business under sections 8-19-3, 8-19-5, and 8-19-6 of this chapter.
h. The granting of the application would violate a statute, ordinance, or court order.
i. The applicant has a permit under this chapter, which has been suspended or revoked.
j. An applicant has been convicted of a “specified criminal act” for which:
(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
(3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty four (24) month period;
(4) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
(5) An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required above in this subsection C1j has elapsed.
k. An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in section 8-19-19 of this chapter.
2. If the city council denies the application, the city clerk shall notify the applicant of the denial and state the reason(s) for the denial within ten (10) days after the date of such denial.
3. If a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. (Ord. 2026-12, 1 Sep 2026)
8-19-12: ANNUAL PERMIT FEE:
The annual fee for a sexually oriented business permit or for any part of a year is eight hundred fifty dollars ($850.00). Such fee shall accompany the application filed under subsection 8-19-9F of this chapter. (Ord. 2026-12, 1 Sep 2026)
8-19-13: INSPECTION:
A. An applicant or permittee shall permit representatives of the planning and zoning office, the county health department, and the fire department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
B. It shall be unlawful for a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, or his/her agent or employee, if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business. (Ord. 2026-12, 1 Sep 2026)
8-19-14: EXPIRATION OF PERMIT:
A. Each permit or license shall expire on December 31 of the year in which it was issued and may be renewed only by making application as provided in section 8-19-11 of this chapter (for renewals, filing of original survey shall be sufficient). Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.
B. When the city council denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city council finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final. (Ord. 2026-12, 1 Sep 2026)
8-19-15: SUSPENSION OF PERMIT:
A. The Mayor or the Mayor’s designee and/or the Sheriff shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has:
1. Violated or is not in compliance with any section of this chapter; or
2. Been under the influence of alcoholic beverages while working in the sexually oriented business premises; or
3. Refused to allow an inspection of sexually oriented business premises as authorized by this chapter; or
4. Knowingly permitted gambling by any person on the sexually oriented business premises; or
5. Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension.
6. Engaged in permit transfer contrary to section 8-19-18 of this chapter. In the event that the Mayor or the Mayor’s designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to section 8-19-18 of this chapter, the director or his/her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied.
7. Operated the sexually oriented business in violation of the hours of operation required in section 8-19-23 of this chapter.
8. Knowingly employs a person who does not have a valid license as required in section 8-19-19 of this chapter.
B. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. (Ord. 2026-12, 1 Sep 2026)
8-19-16: REVOCATION OF PERMIT:
A. The city council shall revoke a permit if a cause of suspension in section 8-19-15 of this chapter occurs and the permit has been suspended within the preceding twelve (12) months.
B. The city council shall revoke a permit upon determining that:
1. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a permit; or
2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or
3. A permittee or an employee has knowingly allowed prostitution on the premises; or
4. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s permit was suspended; or
5. A permittee has been convicted of a “specified criminal act” for which the time period required in section 8-19-11 of this chapter has not elapsed; or
6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or
7. A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business; or
8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
9. A permittee has been operating more than one sexually oriented business under a single roof except as provided in subsection 8-19-3C of this chapter.
C. When the city council revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the city council finds that the basis for revocation under this section has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this section, an applicant may not be granted another permit until the number of years required under this section have elapsed. (Ord. 2026-12, 1 Sep 2026)
8-19-17: JUDICIAL REVIEW OF PERMIT DENIAL, SUSPENSION OR REVOCATION:
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek review of such administrative action pursuant to and within the time frames established by the Idaho administrative procedure act. (Ord. 2026-12, 1 Sep 2026)
8-19-18: TRANSFER OF PERMIT:
A. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:
1. Obtains an amendment to the permit from the city council which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city clerk or his/her designee, setting forth the information called for under section 8-19-11 of this chapter in the application; and
2. Pays a transfer fee of twenty percent (20%) of the annual permit fee set by this chapter.
C. No permit may be transferred when the Mayor or the Mayor’s designee, the Sheriff or the city council have notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.
D. A permittee shall not transfer his permit to another location.
E. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be deemed revoked upon the date such transfer is made. (Ord. 2026-12, 1 Sep 2026)
8-19-19: EMPLOYEE LICENSE:
A. License; Fee: Each individual to be employed in a sexually oriented business, as defined in section 8-19-2 of this chapter, who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of one hundred dollars ($100.00). Said fee is to cover reasonable administrative costs of the licensing application process.
B. License Form: Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city clerk or his/her designee the following information:
1. The applicant’s name or any other names (including “stage” names) or aliases used by the individual;
2. Age, date, and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
6. State driver’s license or identification number;
7. Social security number; and
8. Acceptable written proof that the individual is at least eighteen (18) years of age.
9. Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Sheriff. Any fees for the photographs and fingerprints shall be paid by the applicant.
10. A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
11. Whether the applicant has been convicted of a “specified criminal act” as defined in section 8-19-2 of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.
12. The city clerk or his or her designee shall refer the sexually oriented business employee license application to the Sheriff for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten (10) days from the date the completed application is filed. After the investigation, the city clerk or his or her designee shall issue a license unless the report from the Sheriff finds that one or more of the following findings is true:
a. That the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the sheriff’s department or other city department;
b. That the applicant is under eighteen (18) years of age;
c. That the applicant has been convicted of a “specified criminal act” as defined in section 8-19-2 of this chapter;
d. That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter;
e. That the applicant has had a sexually oriented business employee license revoked by the city or any other governmental or regulatory agency within two (2) years of the date of the current application.
C. Renewal Of License:
1. A license granted pursuant to this section shall be subject to annual renewal by the city clerk or his or her designee upon the written application of the applicant and a finding by the city clerk or his or her designee and the Sheriff that the applicant has not been convicted of any “specified criminal act” as defined in section 8-19-2 of this chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
2. The renewal of the license shall be subject to payment of a fee of twenty five dollars ($25.00). (Ord. 2026-12, 1 Sep 2026)
8-19-20: REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS IN VIDEO BOOTHS:
A. A person who operates or causes to be operated a sexually oriented business, other than an adult motel and regardless of whether or not a permit has been issued to said business under this chapter, and who exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, DVDs, CD-ROMs, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty two (32) square feet of floor area with no dimension greater than eight feet (8′). The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches (±6″). The Mayor or the Mayor’s designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
2. The application shall be sworn to be true and correct by the applicant.
3. No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Mayor or the Mayor’s designee.
4. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.
5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in subsection A5 of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this subsection A.
7. No viewing room may be occupied by more than one person at any one time. No holes, commonly known as “glory holes”, shall be allowed in the walls or partitions, which separate each viewing room from an adjoining viewing room or restroom.
8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2) foot-candles as measured at the floor level.
9. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
B. A person having a duty under subsections A1 through A9 of this section commits a misdemeanor if he/she knowingly fails to fulfill that duty. (Ord. 2026-12, 1 Sep 2026)
8-19-21: PROHIBITIONS REGARDING MINORS AND SEXUALLY ORIENTED BUSINESSES:
A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly or with reasonable cause to know, permits, suffers, or allows:
A. Admittance of a person under eighteen (18) years of age to the business premises unless accompanied by a parent or guardian;
B. A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;
C. A person under eighteen (18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or
D. A person who is under eighteen (18) years of age to work at the business premises as an employee. (Ord. 2026-12, 1 Sep 2026)
8-19-22: ADVERTISING AND LIGHTING REGULATIONS:
A. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.
B. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
C. It shall be unlawful for any permittee to allow any portion of the interior premises of a sexually oriented business to be visible from outside the licensed premises.
D. All off street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
E. Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the city zoning ordinance, as it may be amended from time to time, or any subsequently enacted city ordinances or regulations. (Ord. 2026-12, 1 Sep 2026)
8-19-23: HOURS OF OPERATION:
A. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service on Sunday between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of the following Monday or between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of any other day.
B. It shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service on Sunday between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of the following Monday or between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of any other day. (Ord. 2026-12, 1 Sep 2026)
8-19-24: PUBLIC NUDITY PROHIBITED:
A. The United States supreme court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 S. Ct. 2456, 115 L. Ed.2d 504 (1991) and Erie v. Pap’s A.M., 120 S. Ct. 1382, 146 L. Ed.2d 265, upheld the rights of cities to prohibit public nudity at any sexually oriented businesses, regardless of whether or not a permit has been issued to said businesses, including businesses where no alcoholic beverages are sold, served, or consumed at the premises. The city expressly finds that the secondary effects associated with live adult entertainment and public nudity adversely impact and threaten to impact the public health, safety and welfare by providing an atmosphere conducive to violence, sexual harassment, public intoxication, prostitution, the spread of sexually transmitted disease and other deleterious effects. Accordingly, consistent with such decisions, the city intends by this chapter to prohibit public nudity within the city.
B. No person shall knowingly or intentionally, in a public place:
1. Engage in sexual intercourse,
2. Appear in a state of nudity,
3. Fondle his or her genitals or the genitals of another person, or
4. Engage in specified sexual activities.
C. No person who owns, operates or otherwise controls a sexually oriented business shall permit, allow, hire, sponsor or employ any other person for the purpose of appearing in a state of nudity at any public building, public park or recreation area or public place.
D. The prohibition set forth in subsections B and C of this section shall not apply to:
1. Any child under ten (10) years of age;
2. Any individual exposing a breast in the process of breast feeding an infant less than two (2) years of age;
3. Any person while performing any excretory function within a public restroom;
4. Any person changing his or her clothing in a dressing room, the sole purpose of which is to provide personal privacy for such purposes; or
5. Any person while receiving medical or therapeutic treatment from any physician, paramedic, nurse or other medical practitioner licensed by the state of Idaho. (Ord. 2026-12, 1 Sep 2026)
8-19-25: PROHIBITION OF LIVE ADULT ENTERTAINMENT:
A. No person shall perform, cause or allow the performance of live adult entertainment in any public place within the city or at any private place or location where any individual admissions charge or consideration is charged to or collected from persons attending such performance.
B. No employee of a sexually oriented business shall engage in any “specified sexual activity” or display or expose any “specified anatomical area” while acting as a waiter, waitress, host, hostess, or bartender. (Ord. 2026-12, 1 Sep 2026)
8-19-26: ADDITIONAL CRIMINAL PROHIBITIONS FOR OPERATION WITHOUT A VALID PERMIT:
In addition to the criminal provisions in other sections of this chapter, the following additional criminal provisions shall also apply to sexually oriented businesses:
A. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:
1. The business does not have a sexually oriented business permit under this chapter for any applicable classification;
2. The business has a permit which is under suspension;
3. The business has a permit which has been revoked; or
4. The business has a permit which has expired. (Ord. 2026-12, 1 Sep 2026)
8-19-27: EXEMPTIONS:
A. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
1. By a college, junior college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.
B. It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees. (Ord. 2026-12, 1 Sep 2026)
8-19-28: CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF:
A. In addition to whatever penalties are applicable under the Idaho criminal code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person upon conviction of such offense, shall be guilty of a misdemeanor. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
B. Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
C. All remedies and penalties provided for in this section shall be cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. (Ord. 2026-12, 1 Sep 2026)
8-19-29: IMMUNITY FROM PROSECUTION:
The city and its designee, the Sheriff and all other departments and agencies, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon property owned or controlled by a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 2026-12, 1 Sep 2026)
8-19-30: PROHIBITION OF DISTRIBUTION OF SEXUAL DEVICES:
It is unlawful for any person to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments or paraphernalia include, but are not limited to: phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools designed for sadomasochistic abuse. (Ord. 2026-12, 1 Sep 2026)
8-19-31: SCOPE AND INTERPRETATION:
Notwithstanding the other provisions of this title, nothing in this chapter shall apply to the sale, loan, distribution, dissemination, presentation or exhibition of material or live conduct which is obscene, as defined under chapter 41, title 18, Idaho Code, unless such chapter or any provision thereof, is determined to be unconstitutional or unenforceable for any reason. This chapter shall be interpreted to be consistent in all respects with the provisions of Idaho Code section 18-4113 and shall be applicable only to the extent it regulates the sale, loan, distribution, dissemination, presentation or exhibition of material or live conduct that is not otherwise obscene, as defined by Idaho Code section 18-4101, provided, however, if any provision of such chapter of the Idaho Code is determined to be unconstitutional or unenforceable for any reason, then this chapter shall be fully enforceable notwithstanding such determination. (Ord. 2026-12, 1 Sep 2026)
8-19-32: SEVERABILITY:
If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. (Ord. 2026-12, 1 Sep 2026)
8-20: WELLHEAD PROTECTION:
8-20-1: PURPOSE:
The purpose of this chapter is to ensure the provisions of safe and sanitary drinking water supply for the city of Minidoka by the establishment of wellhead protection zones surrounding the wellheads for all wells which are the supply sources for the Minidoka city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. (Ord. 2026-12, 1 Sep 2026)
8-20-2: DEFINITIONS:
When used in this chapter the following words and phrases shall have the meanings given in this section:
HAZARDOUS OR TOXIC WASTE OR MATERIAL: Any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may:
A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
B. Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.
C. “Hazardous or toxic waste” means any material or substance designated as a hazardous or toxic substance by the United States Of America acting through the environmental protection agency, or any successor agency, section 101 (14) of the comprehensive environmental response, compensation and liability act of 1980, or any material or substance designated as a hazardous or toxic substance by the state of Idaho, acting through the division of environmental quality or any successor agency.
SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments.
ZONE I: An area extending fifty feet (50′) radially from any wellhead supplying potable water to the city water system.
ZONE II: An area extending between the fifty feet (50′) designated as zone I and the city impact area.
ZONE III: The city’s area of impact. (Ord. 2026-12, 1 Sep 2026)
8-20-3: ESTABLISHMENT OF WELLHEAD PROTECTION ZONES:
There is hereby established a use district to be known as a wellhead protection area identified and described as all the area within the city limits and to include the city impact area. It is further established that this area be composed of two (2) zones: “zone I” and “zone II” as they are defined in section 8-20-2 of this chapter. (Ord. 2026-12, 1 Sep 2026)
8-20-4: RESTRICTIONS WITHIN ZONE I OF THE WELLHEAD PROTECTION AREA:
The following uses or conditions, including, but not limited to, shall be and are hereby prohibited within zone I of the wellhead protection area:
Hazardous or toxic waste disposal sites. Sanitary landfills. Sanitary sewer lines and septic systems within one hundred feet (100′) of a wellhead (existing systems within 100 feet must be maintained in very good repair and monitored on a regular basis). Surface use or storage of hazardous or toxic material, expressly including herbicide and pesticide applications to the soils, groundwater or surface water. Underground storage tanks. (Ord. 2026-12, 1 Sep 2026)
8-20-5: PERMITTED USES:
The following uses shall be permitted only within zone II of the wellhead protection area: Most uses will not be restricted as long as these uses comply with the existing ordinances, county, state and federal regulations pertaining to the discharge of contaminates. (Ord. 2026-12, 1 Sep 2026)
8-20-6: RESTRICTIONS WITHIN ZONE II OF THE WELLHEAD PROTECTION AREA:
The following uses or conditions, including, but not limited to, shall be and are hereby prohibited within zone II of the wellhead protection area, whether or not such uses or conditions may otherwise be ordinarily included as a part of a use permitted under section 8-20-5 of this chapter: Agricultural uses, immediately adjacent to a wellhead and outside zone I, shall be restricted specifically, and raising, keeping of livestock will be prohibited within five hundred feet (500′) of wellhead, and other similar uses beyond this limit will be subject to restrictions if warranted. Hazardous or toxic waste disposal sites. Sanitary landfills. Sanitary sewer lines and septic systems within one hundred feet (100′) of a wellhead (existing systems within 100 feet must be maintained in very good repair and monitored on a regular basis). Underground injection wells. (Ord. 2026-12, 1 Sep 2026)
8-20-7: ZONE III USES:
Not in contravention with any existing or any hereafter validly enacted ordinance, rule, regulation or law of any governing body having lawful jurisdiction pertaining to health and sanitation, there shall be no restrictions in zone III. (Ord. 2026-12, 1 Sep 2026)
8-20-8: ADMINISTRATION:
The policies and procedures for administration of any wellhead protection zone established under this chapter, including, without limitation, those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinances for the city of Minidoka, as the same is presently enacted or may from time to time be amended. (Ord. 2026-12, 1 Sep 2026)
All fees set under this chapter shall be set by resolution of the city.
The owner or any person who is keeping or harboring a dog in the City shall pay to the Minidoka Joint Animal Control Facility for its special revenue account an annual license fee for each dog so kept or harbored in an amount as established by resolution of the Council. The license fee shall be paid to any City Clerk or at the Minidoka Joint Animal Control Facility, who shall issue in return a receipt designating the name and address of the owner or custodian paying the license fee, the number of the license tag assigned, the sex of the dog, a brief description of the dog, and the amount paid for such license.
A numbered license tag corresponding to the number listed on the receipt shall be delivered to the license applicant with a receipt.
The collecting agency shall deliver the fees collected to the Minidoka Joint Animal Control Facility monthly. The implant of a chip at the Minidoka Joint Animal Control Facility, with payment of related fee at the facility, shall waive the licensing fee for five (5) years.
The license shall be effective only to the end of the calendar year in which the same is issued. (Ord. 2026-11, 4 Aug 2026)
7-1-2: TAG AND COLLAR; TAKING UP DOGS; DOGS AT LARGE:
All dogs are required to have a tag and collar within the City.
Any City peace officer, animal control officer, or other designated person, may seize and impound any dog:
A. Without tag and collar;
B. At large, off the owner’s property, without an attendant or master, not securely confined or leashed whether by tether or trained voice command so that it does not stray;
C. That threatens, aggressively intimidates or harasses, or bites any person, livestock, poultry, or domestic animal; or
D. That defecates on the property of any other person, other than the owner, that is not immediately cleaned. (Ord. 2026-11, 4 Aug 2026)
7-1-3: CONTROL OF DOGS:
A. Dogs Which Disturb Neighborhood: No person shall own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person. A dog shall not be permitted to urinate or defecate upon the property of any person other than the dog’s owner, unless it is immediately cleaned. Violation of this section is an infraction punishable as provided in Section 7-1-8.
B. Dogs at Large: Any person who permits any dog owned or possessed or harbored by him to be, or run at large without a competent and responsible attendant or master, or wilfully or negligently fails, neglects, or refuses to keep any such dog securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master, shall be guilty of an infraction punishable as provided in 7-1-8.
C. Vicious Dogs:
1. Definitions:
SECURE ENCLOSURE: One from which the vicious dog cannot escape and for which exit and entry is controlled by the owner or tenant of the premises or owner of the vicious dog.
VICIOUS DOG: Any animal which, when not physically provoked, physically attacks, wounds, bites, aggressively chases, harasses, or otherwise injures any person, livestock, or any domestic animal who is not trespassing.
2. It shall be unlawful for the owner of a vicious dog, or for the owner or tenant of premises on which a vicious dog is present, to harbor a vicious dog outside a secure enclosure.
3. It shall be unlawful for the owner of a vicious dog, or for the owner or tenant of premises on which a vicious dog is present, to fail to maintain the enclosure so that the vicious dog cannot escape the enclosure.
4. It shall be unlawful for any person to remove a vicious dog from a secure enclosure unless the dog is restrained in a manner sufficient to control the dog.
5. Penalty and Sentencing: Persons guilty of a violation of any of the provisions of this subsection 7-1-3(C), shall be guilty of a misdemeanor subject to penalties of up to one hundred eighty days in jail, a one thousand dollar fine, and up to 2 years of probation. Further, at sentencing on a violation of this subsection, the court may in its discretion, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog. Both the prosecution and the owner of the dog may present evidence relevant to the propriety of the destruction of the vicious dog.
6. A vicious dog may be seized and impounded during the pendency of court proceedings pursuant to 7-1-3(C).
7. Nothing in this chapter shall preclude any civil liability as otherwise provided by law for damages or loss caused by a vicious dog to livestock, poultry, or other domestic animals.
D. Dog Bites: Any dog which has bitten any person, livestock, poultry, or domestic animal shall be surrendered to and/or confiscated by a peace officer or animal control officer. The dog shall be inspected by a licensed veterinarian and quarantined, if necessary, as may be required under State law. No inspection or quarantine is required if reliable, current medical records are provided showing evidence of current immunizations for hydrophobia. If it is determined during the observation period that the dog has hydrophobia, the dog shall be euthanized by the veterinarian. Payment of the actual costs of inspection, keeping the dog, examining the dog, monitoring the dog’s condition during the period of observation, or euthanization will be assessed by fee. If the dog is not claimed by an owner and/or person responsible for the animal within the observation period, it shall be destroyed.
No dog which has bitten a person, livestock, poultry, or domestic animal shall be adopted out or surrendered to any third party if the owner or other person responsible for the animal is not located.
Any dog which appears likely to be suffering from rabies may be destroyed by a peace officer or animal control officer if such dog cannot be captured without exposing such officer or other persons to unreasonable risk of injury. (Ord. 2026-11, 4 Aug 2026)
All dogs taken up by a peace or animal control officer shall be delivered to the Minidoka Joint Animal Control Facility. Facility shall not refuse any dog. Dogs shall not be held at any other location, except those delivered to a veterinarian as directed by the Facility. No fostering of dogs outside the Facility is permitted. Any dog not reclaimed, adopted, or otherwise committed to an entity engaged in the legal rescue, adoption or otherwise providing homes for dogs, within twenty-one (21) days shall be euthanized.
Any dog may be reclaimed at the Minidoka Joint Animal Control Facility by the owner or other person entitled upon payment of any related fees as established by the City Council by resolution. Fees shall be paid to the Minidoka Joint Animal Control Facility and a receipt shall be issued. Fees may include bail out, vaccination, quarantine, boarding, and other related fees as established by resolution.
An unlicensed dog which will be kept or harbored within the City, upon release, shall not be released until the person reclaiming such dog has purchased a current license and any related fees as established by resolution incurred related to the dog.
After the five (5) day period for dogs taken up as found in Idaho Code 25-2804, rather than euthanizing the dog, the animal control officer may then take steps to adopt the dog to a third person. Any third person shall pay all impoundment and adoption fees against the dog and have the dog properly licensed before the dog may be surrendered to such third person.
Minidoka Joint Animal Control Facility may waive impoundment, adoption, and other fees for an entity engaged in the legal rescue, adoption, or otherwise providing homes for dogs.
Adoption to a third person is available by Minidoka Joint Animal Control Facility as provided in this section. Adoption fees shall be established by City Council by resolution. (Ord. 2026-11, 4 Aug 2026)
7-1-5: RESPONSIBILITY OF HEAD OF HOUSEHOLD:
The responsibility for compliance with all provisions of this chapter shall rest upon the head of the household at which a dog is being kept or harbored whether the ownership of such dog is claimed by a person residing in said household. The parents or guardians of minor children with whom said minor children are residing shall be deemed to be the owners of the dog of a minor child residing with them for purposes of this section. A husband and wife or two (2) or more adults living together may be jointly charged as heads of the household where a dog is kept or harbored if they fail to comply with their obligations under this chapter. (Ord. 2026-11, 4 Aug 2026)
7-1-6: INTERFERENCE WITH PERSON SEIZING DOG:
It shall be unlawful for any person to hinder or molest any police officer or animal control officer who is attempting to perform any act authorized under this chapter. (Ord. 2026-11, 4 Aug 2026)
7-1-7: ENTERING PRIVATE PROPERTY:
In the enforcement of the provisions of this chapter, any peace officer or animal control officer is authorized to enter upon private property to capture a dog running at large or to destroy a rabid or vicious dog, but the authority granted by this section does not authorize entry into any building on private property without the consent of the person entitled to control of said building. (Ord. 2026-11, 4 Aug 2026)
7-1-8: PENALTY:
Any person who shall violate any of the provisions of this chapter shall be guilty of a infraction, unless otherwise provided, and upon conviction thereof shall be punished as follows:
A. An admission of guilt or entry of judgment to any violation shall result in a penalty of not less than fifty dollars ($50.00) plus any court costs for the first such violation.
B. Upon a subsequent admission of guilt or entry of judgment for violation of the provisions of this chapter, a penalty of not less than one hundred dollars ($100.00) plus any court costs shall be assessed.
C. Upon a third admission of guilt or entry of judgment for violation of the provisions of this chapter, a penalty of not less than three hundred dollars ($300.00) plus any court costs shall be assessed for each subsequent violation.
D. Violations of 7-1-3(C), Vicious Dogs, is a misdemeanor punishable as outlined in 7-1-3(C)(5). (Ord. 2026-11, 4 Aug 2026)
7-2: ANIMALS AND FOWL:
7-2-1: DEFINITIONS:
ANIMAL OR ANIMALS: All types of animals, except for dogs.
FOWL: Every type of fowl, except for songbirds, parrots, mynah birds and that type of fowl or bird that is ordinarily caged within a single cage and kept within a dwelling house.
KENNEL, COMMERCIAL: Any lot or premises on which dogs more than four (4) months of age are housed, groomed, bred, boarded, trained or sold on a commercial basis, and which offers provisions for minor medical treatment.
KENNEL, NONCOMMERCIAL: Any person or group of people, such as a family or group of people occupying a single-family dwelling jointly, who keeps, maintains, harbors or possesses upon the premises of any one household more than two (2) dogs, but not more than four (4) dogs.
LIVESTOCK: Shall include all animals commonly or customarily referred to or known as livestock, and shall include animals kept, raised or maintained on a farm or ranch, including, but not limited to, horses, cattle, sheep, goats and all other grazing animals or other animals customarily kept for agricultural purposes.
MAY: Shall mean discretionary.
PERSON: Shall include individuals, corporations, firms, associations, partnerships and bodies politic.
SHALL: Shall be construed to mean “must” or “is”. (Ord. 2026-11, 4 Aug 2026)
7-2-2: KEEPING AND MAINTAINING WITHIN CITY LIMITS:
A. Permit Required: No animals or fowl shall be kept or maintained within the city limits unless the person maintaining and keeping the said animals or fowl shall first obtain a permit from the city for the keeping and maintaining of the same.
B. Exemption: However, no permit shall be required for keeping animals or fowl in a licensed auction or sale yard; provided, that such animals or fowl do not remain in said yard for more than seven (7) days.
C. Livestock: Further, livestock may be maintained on parcels of land located in the A zone (agricultural) which are at least forty five (45) contiguous acres in size, in such numbers as are reasonable under prevailing conditions of animal husbandry, without having to comply with the remaining portions or restrictions of this chapter. This provision does not expressly or by implication negate or alter the applicability nor enforcement of the general nuisance laws of the state or the city.
D. Kennel Licensing Provisions:
1. License Required: It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than two (2) dogs unless the owner or person in charge thereof shall qualify for and obtain a noncommercial kennel license or a commercial kennel license.
2. Applications For License; Fees; Conditions:
a. Noncommercial Kennel License: An application for a noncommercial kennel license shall be made to the city clerk and must be accompanied by the written consent of at least eighty one percent (81%) of all persons in possession of premises within two hundred feet (200′) of the premises upon which the noncommercial kennel is to be maintained and accompanied by a deposit license fee of ten dollars ($10.00), which deposit shall be returned to the applicant if the license is not issued. The application shall state the name and address of the owner, where the noncommercial kennel is to be established, and the number of dogs. Noncommercial licenses shall be nontransferable and shall expire on December 31 of each year in which issued. When additions are made to the number of dogs for which a noncommercial kennel license is issued, the licensee shall report, within three (3) days, to the city clerk the increase; however, whenever puppies are born, such puppies shall not be counted as additions until six (6) weeks old.
b. Commercial Kennel License: Applications for commercial kennel licenses shall be made to the city clerk and must be accompanied by a written consent of one hundred percent (100%) of all persons in possession of premises within three hundred feet (300′) of the premises upon which the commercial kennel is to be maintained and accompanied by a deposit of a license fee of ten dollars ($10.00) for the first two (2) dogs and an additional three dollars ($3.00) for each dog over two (2), which deposit shall be returned to the applicant if the license is not finally issued. The applicant shall state the name and address of the owner of the kennel, where the kennel is to be established, the number of dogs to be kept, and attached to the application shall be a detailed plan for the kennel meeting minimum state health requirements showing a dog type enclosure with runs for each dog, indicating how the kennels will be cleaned, where the water and food sources for the dogs shall be established, together with rules and regulations governing the care of the animals; provided, however, that the owner may adopt the rules and regulations of the American Kennel Club or similar organizations in lieu of providing written rules and regulations for the facility. In addition thereto, the owner shall agree that said kennels shall be cleaned not less than daily. Whenever additions are made to the number of dogs for which the kennel license has been issued, the licensee shall, within three (3) days, report to the city clerk and pay the required license fee; provided, however, that whenever puppies are born, such puppies shall not be counted as additions until six (6) weeks old. For every commercial kennel maintained for dogs registered under the rules and regulations of the American Kennel Club, it shall not be necessary to license the individual dogs, but the owner of such kennel shall pay the annual fee as stated above; provided, however, that all dogs covered by any such kennel license shall be maintained and kept within the kennel or under leash at all times.
3. Dog Licenses Required; Exceptions: The issuance of a noncommercial kennel license shall not alleviate the necessity of obtaining an individual dog license, nor shall any of the provisions of this section be deemed to vary or alter any zoning regulations of the city. However, the requirement of obtaining a dog license for a dog is waived in the case of commercial kennels which are operated for commercial purposes to board dogs not owned by a person located on the premises or for veterinary clinics or facilities where the dog is kept for a temporary time period not to exceed six (6) months.
4. Violation: Any person violating this section shall be deemed guilty of a misdemeanor. (Ord. 2026-11, 4 Aug 2026)
7-2-3: PERMIT FOR MAINTAINING AND KEEPING:
No permit to keep animals or fowl within the city limits shall be issued until the person so applying for such permit has furnished to the city an application for such permit, which application must show the following facts to be true:
A. That the animals to be kept on the applicant’s premises shall be enclosed and that such enclosure is at least sixty feet (60′) from a dwelling house other than that of the applicant;
B. That the fowl to be kept on applicant’s premises are within an adequate enclosure and that such enclosure is located at least forty feet (40′) from a dwelling house other than that of the applicant;
C. That the enclosures provided for animals and/or fowl must be constructed so as to adequately retain the animals or fowl on the applicant’s premises and prevent any trespassing from the animals or fowl on any other property. (Ord. 2026-11, 4 Aug 2026)
7-2-4: PERMIT FEES:
No permit fee is required. (Ord. 2026-11, 4 Aug 2026)
7-2-5: CONDITIONS PERTAINING TO MAINTENANCE OF ANIMALS OR FOWL AND UNLAWFUL PRACTICES:
A. Animals or fowl kept within the city limits shall at all times be maintained in a clean, neat and sanitary condition, free from obnoxious odors and substances and shall be confined at all times within adequate enclosures.
B. It shall be unlawful:
1. To permit or allow animals or fowl to create disturbances that interfere with the peace, quiet and tranquility of the community;
2. For any person to permit dead animal or fowl bodies to remain upon any property or premises within the city limits for a period longer than twelve (12) hours;
3. To burn any animal or fowl bodies or their refuse within the city limits;
4. For any person to keep dilapidated or run down buildings or enclosures, or to keep a building or enclosure which emits obnoxious odors, pollution or any other substance that would be offensive to the senses of the residents of the city, or that would be dangerous to the health of such residents;
5. For any person to keep any animal or fowl or suffer the same to remain on any premises owned or used by him in such fashion as to constitute either a private or public nuisance.
C. No livestock shall be permitted on lots or property of less than one-half (1/2) of an acre, which must be entirely irrigated pastureland. The number of such animals that may be lawfully kept is the sum of the number of full one-half (1/2) acres contained on the parcel of land where such animals are kept. Also, no more than one of such animals and their suckling offspring may be kept or maintained per one-half (1/2) acre. Such offspring may, in any event, not be kept more than one year from birth. Nothing in this section waives or alters the other requirements of this chapter, especially referring to subsection B5 of this section. (Ord. 2026-11, 4 Aug 2026)
7-2-6: RUNNING AT LARGE:
It shall be unlawful for any person to permit, suffer or allow any animal or fowl owned by them or under their care and control to run at large or to trespass within the city limits either on public or private property. (Ord. 2026-11, 4 Aug 2026)
7-2-7: DUTY OF SHERIFF:
It shall be the duty of the Sheriff or his designated agent to take up or cause to be taken up any animal or fowl found to be running loose or at large within the city. (Ord. 2026-11, 4 Aug 2026)
7-2-8: NOTICE OF IMPOUNDING:
As soon as possible, the Sheriff or his designated agent shall notify the owner of the animal or fowl taken into custody, if such owner be known. If the animal is branded and the owner of the brand known to the Sheriff or his designated agent, he shall notify the brand owner of the fact that the animal has been impounded. If the owner of any animal or fowl is unknown, the Sheriff or his agent shall post, in three (3) public places within the city, notices describing the animal or fowl impounded and stating that if the animal or fowl is not redeemed and all charges paid within or before a certain time, stating the day and hour, which shall be not less than five (5) days from the date of impounding, that at said time and place the animal or fowl so impounded will be sold at public auction to the highest bidder for cash to pay the charges of taking up and keeping the animal or fowl. If the owner does not reclaim the animal after the giving of such notice, and if there is no bidder willing to pay, in cash, the amount of charges for taking up and keeping the animal or fowl, such animal or fowl becomes the property of the city. (Ord. 2026-11, 4 Aug 2026)
7-2-9: BRANDED ANIMALS:
If the animal impounded is a branded animal but the owner is unknown, the Sheriff shall send a registered letter to the bureau of registration for such animal, describing the animal and brand in order to seek identity of the owner. In such event, the animal shall not be sold for at least ten (10) days after the date of the mailing of the letter above specified. (Ord. 2026-11, 4 Aug 2026)
7-2-10: RECLAIMING OF ANIMALS OR FOWL BY OWNER:
If at any time prior to the time fixed for sale, the owner of any animal or fowl seized as above provided, shall claim such animal or fowl, he shall be entitled to possession thereof upon payment in cash to the city clerk in advance of such sum as herein provided for the legal charge of impounding and any expense related thereto. (Ord. 2026-11, 4 Aug 2026)
7-2-11: SALE OF IMPOUNDED ANIMAL OR FOWL:
At the time specified in the notice of sale, if the animal or fowl so impounded is not redeemed, the Sheriff or his designated agent shall sell the same to the highest bidder for cash. Upon payment by the buyer to the Sheriff of the cash amount of the bid, the buyer at the sale becomes the lawful owner of the animal and the previous owner, whether known or unknown, is fully divested of title to the said animal or fowl. Under no circumstances may any official or employee of the city become interested in, directly or indirectly, the purchase of the animal or fowl to be sold. (Ord. 2026-11, 4 Aug 2026)
7-2-12: FEES:
The city council will, by resolution, set the fees to be paid for the redemption of animals or fowl taken up pursuant to this chapter. Any actual expenses of the city incurred during the process of impounding the animal, shall be charged to the owner and shall be in addition to the impound fee set by resolution. (Ord. 2026-11, 4 Aug 2026)
7-2-13: DISPOSITION OF FUNDS:
A. The Sheriff, upon receipt of monies tendered pursuant to the above specified auction sale, shall immediately deliver the same to the City Clerk, who shall place the same in a special fund designated as the “animal and fowl fund”.
B. Upon proper identification of any person as the owner of any animal or fowl above sold and if there be funds remaining after the payment of the impound and other fees above specified, and within six (6) months of the date of impound, the city clerk shall turn such surplus money over to the owner of the animal or fowl so sold. However, if the owner is never located or after six (6) months no one has properly identified themself as the owner of the animal or fowl above specified, any excess funds over and above impound fee and costs of caring for the animal and for fowl as above specified and costs of sale, such excess shall be transferred from the stock fund to the general fund of the city. (Ord. 2026-11, 4 Aug 2026)
7-2-14: UNLAWFUL TO DRIVE ANIMALS INTO CITY:
It shall be unlawful for any person to drive, or cause to be driven, or induce any animal or animals to come into the city limits with the intention and purpose of having such animal either be abandoned or be impounded as herein provided. Any person knowingly committing such act or acts as above specified shall be guilty of a misdemeanor. (Ord. 2026-11, 4 Aug 2026)
7-2-15: MAINTAINING OF SWINE:
In any event, it shall be unlawful under all circumstances, except as herein provided, to maintain and keep swine within the city for any purpose whatsoever. However, this prohibition shall not apply to swine lawfully delivered to a licensed livestock auction yard and that such animal is not kept within such livestock auction yard for a period in excess of forty eight (48) hours. “Swine” shall include exotic swine kept as pets, including so called “potbellied pigs” or “Vietnamese pigs”. (Ord. 2026-11, 4 Aug 2026)
7-2-16: VIOLATION:
Any violation of any provision hereinabove, in addition to remedies provided, shall constitute a misdemeanor punishable as defined by law. (Ord. 2026-11, 4 Aug 2026)
7-2-17: APPLICATION OF CHAPTER:
With the exception of dogs, this chapter shall apply to all “animals” whatsoever and all “fowl”, as defined herein. (Ord. 2026-11, 4 Aug 2026)
7-2-18: REVOCATION OF PERMITS:
A. The governing body of the municipality may revoke any and all permits issued by them when deemed necessary for the preservation of the public health, or the peace, quiet and tranquility of the community.
B. All places and premises in which any of said animals are kept shall be open at all times for inspection by any officer of the municipality. If, upon inspection, there is found to exist any violation of any provision of this chapter, the person responsible for such violation shall be given a written notice specifying the violation in particular and requiring such offender to abate or correct the same within a period of twenty four (24) hours. If such violation is not abated or corrected within such period, the municipality may revoke the permit and in addition thereto, charge and prosecute such offender under the criminal provisions of this chapter. (Ord. 2026-11, 4 Aug 2026)
Pursuant to the provisions of section 50-901 of the Idaho Code, there is hereby adopted title 18 of said Idaho Code, being the criminal laws of the state of Idaho, establishing principles of liability for conduct; establishing general principles of justification for conduct; defining offenses involving danger to persons; defining offenses against family; defining offenses against public administration; defining offenses against public order and decency; establishing a uniform system of penalties, including fines, forfeitures and imprisonment; and establishing criteria for imposing sentences upon those convicted of an offense, and said laws shall be and the same are hereby adopted as a criminal code of the city. One copy of said law shall be on file in the office of the clerk for reference to and inspection by the general public. (Ord. 2026-9, 4 Aug 2026)
6-1-2: ADOPTION OF IDAHO MOTOR VEHICLE LAWS:
It is hereby declared to be the intent of the city council to aid and assist by whatever means possible with the utmost consistency in traffic regulation among and between the agencies of Idaho having jurisdiction. Toward that end, adoption of the Idaho motor vehicle laws by cities of Idaho is a necessary means of assuring maximum uniformity within the state.
There is hereby adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city that certain code more particularly described as title 49, Idaho Code, be and the same is hereby adopted and incorporated as an ordinance of the city as fully as though set forth at length herein. One copy of said law shall be on file in the office of the clerk for reference to and inspection by the general public. (Ord. 2026-9, 4 Aug 2026)
6-1-3: ISSUANCE OF CITATIONS:
Upon a violation of any provision of this chapter or the laws hereinabove adopted, the arresting officer shall execute the citation in the following manner:
Violation of Minidoka City Code, Section 6-1-1 (being in particular Section 18- of the Idaho Code) or Section 6-1-2 (being in particular 49- of the Idaho Code) as the case may be. (Ord. 2026-9, 4 Aug 2026)
6-1-4: PENALTY:
Violation by any person of any provision of the above codes shall be a misdemeanor and shall be punishable as therein defined; however, such offenses described as infractions, shall be punishable as an infraction offense. The fine and/or jail term for the violation of any said provisions shall be the same as prescribed by state law, as provided in the above codes. (Ord. 2026-9, 4 Aug 2026)
6-2: PARKING CODE:
6-2-1: GENERAL PARKING RESTRICTIONS
Any person who parks a vehicle, except when necessary to allow movement of other vehicular traffic or pursuant to the direction of a peace officer or traffic control device, in any of the following designated places, shall be guilty of an infraction, to-wit:
A. On a public sidewalk, designated pedestrian or bike path;
B. Within an intersection;
C. Within 15 feet of a fire hydrant;
D. Within a crosswalk;
E. Within 20 feet of any intersection, or a crosswalk at any intersection;
F. Within 30 feet of the approach to any flashing beacon, stop sign, or traffic control signal;
G. Between a designated safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a traffic regulatory sign indicates a different length is allowed;
H. Within 50 feet of the nearest rail of a railroad line, excluding railroad spurs;
I. Within 20 feet of the driveway entrance of any fire station or within 75 feet of such entrance when parking on the side of the street opposite such entrance, when regulatory signs indicate such prohibition;
J. Beside or opposite any street excavation or obstruction in a manner which obstructs traffic;
K. Upon any street or portion thereof in a manner which blocks or interferes with the regular flow of vehicular traffic;
L. Upon, under, or within 50 feet of any bridge or elevated structure upon or part of a public road or railroad;
M. At any place where traffic regulatory signs prohibit such parking; or
N. In any fire apparatus access road as defined in the Uniform Fire Code. (Ord. 2026-9, 4 Aug 2026)
6-2-2: PARKING IN ALLEYS PROHIBITED:
Any person who parks a motor vehicle in any alley within the City for any purpose other than to load or unload such vehicle in a reasonably expeditious fashion shall be guilty of an infraction. Parking for purposes of loading or unloading a vehicle shall be permitted only if a clearance of at least 10 feet in width between the adjacent building or other structures is left on each side of the vehicle. (Ord. 2026-9, 4 Aug 2026)
6-2-3: PARKING ON PUBLIC ROAD OR EASEMENT:
A. Any person who parks a motor vehicle having a gross vehicle weight greater than ten thousand (10,000) pounds on any public road or within city easements shall be guilty of an infraction unless such parking is necessary to load or unload such vehicle in an expeditious manner. This exception does not apply in areas designated as ‘No Parking’ zones unless written police approval is provided before such parking and following whatever conditions or assistance the Sheriff requires for the particular instance.
B. Any person who parks a motor vehicle or trailer loaded with any material that is offensive or noxious to human smell within the City shall be guilty of an infraction. (Ord. 2026-9, 4 Aug 2026)
6-2-4: PARKING ZONES ESTABLISHED:
The City Council has established and may hereafter establish parking zones and loading zones on the streets of the City. Establishment of and all changes in such zones shall be only as duly ordered by the City Council. (Ord. 2026-9, 4 Aug 2026)
6-2-5: DESIGNATION OF PARKING ZONES; PARKING SPACES:
A. The Mayor, in conjunction with the Sheriff, is authorized and directed to designate all parking and loading zones causing appropriate parking signs to be installed upon the streets so as to clearly inform the public of the location of the parking and loading zones and of the parking times allowed. A related Council approved map of all such zones shall also be maintained at City Hall.
B. The Mayor, in conjunction with the Sheriff, is authorized and directed to cause lines or markings to be painted or placed upon street surfaces or upon curbs for the purpose of designating the spaces to be used for parking of vehicles.
C. In addition, or in lieu of the above, The Mayor may designate temporary ‘No Parking’ zones by posted signs or painting adjacent curb red in color and loading zones by painting the adjacent curb yellow in color. Such designations shall be ratified by the City Council to remain longer than thirty days and shall only be approved for a designated time or otherwise added to the Council approved map.
D. The Sheriff or other law enforcement may prohibit parking at any time or place where there is adverse weather or fire or other emergencies or unusual conditions (such as unusual traffic or public assemblies) which require such prohibition, in the discretion of the Sheriff or other law enforcement officer. (Ord. 2026-9, 4 Aug 2026)
6-2-6: OFF STREET PARKING:
A. The Sheriff is authorized and directed to cause lines or markings to be painted or placed upon parking lots owned or under the jurisdiction of the City and to designate the type of parking permitted such as passenger vehicles, trucks and trailers, boats and other types of motor vehicles. Vehicles shall park within the markings designating the space in accordance with the markings of the parking space and designation thereof. The Mayor shall cause appropriate parking signs to be installed upon such lots clearly informing the public of the type of parking permitted.
B. The Sheriff may also enforce parking designations on private property open to public use.
C. The Sheriff may designate another officer or code enforcer for this purpose. (Ord. 2026-9, 4 Aug 2026)
6-2-7: REPAIR OF VEHICLES ON PUBLIC STREETS:
Any person who uses any street, public easement, or alley within the City for the purpose of repairing any vehicle, except for temporary emergency repairs, shall be guilty of an infraction. (Ord. 2026-9, 4 Aug 2026)
6-2-8: STORAGE OF VEHICLES, MOTORHOMES, AND TRAILERS ON PUBLIC STREETS:
A. It shall be unlawful for anyone to use any street, public easement, or alleys for storage of motorhomes or trailers. Trailers and motorhomes can only be parked upon a street or alley within the City for the purposes of loading or unloading for a period not to exceed two 24-hour periods in a 7-day time period. Clearance under 6-2-2 is still required. Any person who parks or allows a trailer or motorhome to be parked upon any street or alley within the City for a period in excess of this time in the same location shall be guilty of an infraction.
B. Any person who parks or allows a vehicle to be parked upon any street, public easement, or alley within the City for a period of 48 or more consecutive hours in the same location shall be guilty of an infraction.
C. Any vehicle, motorhome, or trailer unlawfully parked or stored may be removed by or under the direction of any peace officer and may be impounded according to the provisions under this Chapter.
D. For the purpose of this section, a vehicle shall be considered to be parked ‘in the same location’ notwithstanding movement of the vehicle to another location on a public street or alley within 500 feet in any direction of the original location of this vehicle. ‘Motorhome’ is defined as set forth in Idaho Code 39-4201. ‘Trailer’ is defined as set forth in Idaho Code 49-121. (Ord. 2026-9, 4 Aug 2026)
6-2-9: MANNER OF PARKING:
Except as otherwise provided in this Chapter, any person who parks or allows to be parked any vehicle, in the following manner shall be guilty of an infraction, where:
A. Any of the wheels or rims are on top of the curb, behind the back of the curb, on a sidewalk or designated pedestrian or bike path;
B. Any of the vehicle is outside the markings designating parking spaces;
C. In a loading zone or space so designated for longer than the permitted posted time, or while not actually engaged in loading or unloading; or
D. In the direction opposite to or slowing, blocking authorized traffic movement. (Ord. 2026-9, 4 Aug 2026)
6-2-10: UNATTENDED MOTOR VEHICLE; ABANDONED VEHICLE:
A. Any person who owns or has control of any motor vehicle and who leaves the vehicle without first stopping the engine, locking the ignition, and removing the key, or who parks such vehicle upon a grade without turning the front wheels to the curb or side of the street, shall be guilty of an infraction.
B. No person shall abandon a vehicle as defined in Idaho Code, title 49. (Ord. 2026-9, 4 Aug 2026)
6-2-11: PARKING RESTRICTION:
Any person who parks or allows such vehicle to be parked upon any street in violation of any sign restricting parking within such area, shall be guilty of an infraction. All such parking restrictions shall be established only by resolution of the City Council. (Ord. 2026-9, 4 Aug 2026)
6-2-12: IMPOUNDING VEHICLES:
Any peace officer may remove or cause to be removed and impound any vehicle parked in violation of the provisions of this Chapter. In the discretion of the officer and traffic or other safety concerns do not require immediate removal of the vehicle, at least 48 hours written notice should be provided before removal and impounding of a vehicle. (Ord. 2026-9, 4 Aug 2026)
6-2-13: IMPOUNDING FEES:
The owner of any motor vehicle or trailer that has been impounded by the Sheriff under any provision of this Code or any law of the State of Idaho shall pay to the City an impound fee in the amount as set by resolution before such vehicle or trailer shall be released. (Ord. 2026-9, 4 Aug 2026)
6-2-14: PAYMENT OF TOWING AND STORAGE FEES; DISPOSITION:
A. The owner of any motor vehicle or trailer that has been duly impounded, removed from the City streets, towed or stored at the direction of the Sheriff Department shall pay a reasonable towing and storage fee before such vehicle or trailer may be released. The towing and storage fee shall be paid to the person or company effecting the removal and towing and providing the storage for such vehicle or trailer. The person or company shall not release the vehicle without proof of payment of impound fees to the City. If the motor vehicle or trailer is towed or stored by City personnel, the towing and storage fees shall be paid to the City as set by resolution.
B. The Sheriff may dispose of impounded vehicles as provided under Idaho law and any relevant City resolution.
C. Unauthorized removal of a vehicle from the custody of the city or person or company acting for the City without full payment in full of all fees and costs that have been incurred under this Chapter shall be guilty of a misdemeanor and the vehicle may be recovered and disposed by the City or other authorized law enforcement agency. (Ord. 2026-9, 4 Aug 2026)
6-2-15: PARKING FOR PERSONS WITH DISABILITIES:
Any person who parks or allows a vehicle to be parked in any parking space designated for use by persons with disabilities and signed in conformity with the next section of this Code is guilty of an infraction, unless the vehicle is momentarily in the space for the purpose of allowing a disabled person to enter or leave the vehicle, or unless special license plates or a temporary card issued for the disabled pursuant to Idaho Code 49-410 is displayed on the vehicle. For the purposes of this section, the registered owner of a vehicle who has expressly or impliedly consented to the use of his or her vehicle shall be deemed to have allowed the parking of such person by the person to whom such consent was given. The term ‘person with a disability’ shall have the same meaning ascribed in Idaho Code 49-117(7)(b). (Ord. 2026-9, 4 Aug 2026)
6-2-16: DESIGNATION OF PARKING SPACES FOR PERSONS WITH DISABILITIES:
For the purposes of the preceding section, a parking space designated for persons with disabilities shall be any parking space or area upon which there is posted immediately adjacent thereto, and visible from each stall or space, a sign which is at least 36 inches above the ground, displaying the international symbol of accessibility that shall have the same proportions shown in Idaho Code 49-410. (Ord. 2026-9, 4 Aug 2026)
6-2-17: ENFORCEMENT ON PRIVATE PROPERTY:
The provisions of Sections 6-2-12 and 6-2-13 shall be enforceable with respect to handicapped parking spaces upon public property and private property open to public use. (Ord. 2026-9, 4 Aug 2026)
6-2-18: OWNER RESPONSIBILITY:
Every owner of a motor vehicle is liable and responsible for the operation of such motor vehicle by any person using or operating the same with the permission, express or implied, of such owner, and the violation of this Chapter shall be imputed to the owner for the purpose of penalties for unlawful parking. This includes impound fees and costs. If an owner filed a release of liability according to Idaho Code 49-526, the transferee shown on the release shall be imputed for the purpose of penalties. (Ord. 2026-9, 4 Aug 2026)
6-2-19: NOTICE OF PARKING VIOLATIONS:
A. A notice of a violation of parking regulations of this Chapter may be issued by any police officer or by any person duly authorized by the Sheriff. The notice of violation shall be issued by placing it on the windshield of an illegally parked vehicle, in a secure manner, or in a prominent place upon the vehicle.
B. The notice of violation shall state the date and time when it is issued and the nature of the parking violation observed. The notice shall advise the owner or operator of the vehicle that he or she must admit the violation and pay the penalty or deny the violation before the City Clerk within 14 days of the date the notice is issued.
C. Any person issued a parking notice may enter an admission in the following ways:
1. Depositing the notice of violation and the amount of penalty stated thereon in the collection box located at City Hall;
2. Mailing the notice of violation with the amount of the penalty stated thereon to the address indicated on the notice; or
3. Presenting the notice of violation with the amount of the penalty indicated thereon to the City Treasurer at City Hall.
D. Within 14 days of the date of issue of the notice of violation, any person denying the violation or defaulting on payment within 10 days after the 14 day period for admitting or denying, the violation shall be charged as an infraction. (Ord. 2026-9, 4 Aug 2026)
6-2-20: PENALTIES:
Any person who violates any provision of this Chapter, shall be guilty of an infraction, and shall upon conviction thereof, be punishable by a fine in an amount of twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for a second offense, one hundred dollars ($100.00) for a third offense, and two hundred and fifty dollars ($250.00) for the fourth offense, each within a year of previous offense. (Ord. 2026-9, 4 Aug 2026)
6-2-21: ADDITIONAL REMEDIES PRESERVED:
The issuance of a notice of violation is not the exclusive remedy for enforcing the parking regulations of this Chapter and all other lawful remedies are reserved, including prosecution by charging as an infraction. (Ord. 2026-9, 4 Aug 2026)
6-3: MISCELLANEOUS MOTOR VEHICLE REGULATIONS:
6-3-1: U-TURNS:
U-turns shall only be permitted when it is otherwise safe and prudent to proceed, giving due caution to both vehicular and pedestrian traffic. (Ord. 2026-9, 4 Aug 2026)
6-3-2: BACKING FROM ANGLE PARKING:
It shall be unlawful to back out of any angle parking stall, and while backing, cross the centerline of the road or the center of the road or to execute a U-turn while backing up. (Ord. 2026-9, 4 Aug 2026)
6-3-3: CITY SPEED LIMITS:
Speed Limits: Unless otherwise clearly posted by the Mayor or other authorized State or County authority, no person driving a motor vehicle shall, in any event, cause or suffer to travel faster than twenty-five (25) miles per hour on City streets, and fifteen (15) miles per hour in alleys. (Ord. 2026-9, 4 Aug 2026)
6-3-4: OBSTRUCTIONS, DEBRIS, OR OTHER BLOCKAGE OF STREETS AND ALLEYS:
It shall be unlawful for any person to cause a City street or alley to be blocked or obstructed in any manner by any material, machinery, debris or other things without the prior written consent of the City. If such blockage is a result of excavation, the person or persons causing such blockage shall additionally comply with all requirements of this Code with reference to excavation projects. The Sheriff or Mayor are authorized to take all necessary and immediate steps to clean, remove, cause to be cleaned or removed such obstructions or debris or material that block any streets or alleys all at the expense of the person or persons causing the same to occur. Such civil liability on the part of the person or persons causing such obstruction or blockage or causing unlawful debris to be placed upon a street or alley shall be in addition to prosecution as provided in this chapter. (Ord. 2026-9, 4 Aug 2026)
6-3-5: OPERATION OF VEHICLES ON PUBLIC OR PRIVATE PROPERTY:
A. Public Property: It shall be unlawful for any person to drive a motor vehicle within the City upon public property other than a dedicated street, highway or alley open to public vehicular use, without the prior written consent of the City. It shall be unlawful to drive, enter, or impede the use or safety with a motor vehicle, except to access private property or another street, any portion of a designated pedestrian or bike path. Any such violation shall constitute a misdemeanor.
B. Private Property: It shall be unlawful for any person to drive a motor vehicle over private property not owned by the driver without the permission or express or implied consent of the owner or other person authorized to give such consent. Absence of fences, barriers or “No Trespassing” signs, etc., does not of itself constitute implied consent. Further, the owner or his designated agent is always free, absent binding contractual obligations to the contrary, to revoke permission or consent.
C. Street Closing Signs And Other Traffic Signs: The Sheriff or Mayor, as directed from time to time by the City Council of the City may permanently or temporarily close streets or alleys from use by motor vehicles and may place a barrier or other sign marking or indicating that such street is closed for use. The purpose of using barriers or signs temporarily closing streets shall be to restrict use of roads or streets that present unsafe conditions such as roads near schools while school is in session, road breakup or other road hazards, etc. It shall be a violation of the city traffic laws as an infraction for any person to drive a motor vehicle and either not obey or disregard the instructions given by such sign or barrier. (Ord. 2026-9, 4 Aug 2026)
6-3-6: TRUCK ROUTES:
A. “Trucks”, defined as vehicles with a manufacturer’s rated weight of more than two and one-half (21/2) tons, shall not travel on city streets nor alleys nor any other public easements or rights of way except upon the following designated truck routes:
1. Entire length of Broadway Street.
2. Entire length of Wapi Street.
B. The above restrictions do not apply to trucks making legitimate deliveries using the most direct route possible. Also, these restrictions do not apply to trucks traveling from a truck route on the most direct route available for purposes of lawful parking at a location and manner in compliance with chapter 2 of this title or traveling the most direct route available from such parking to a truck route. (Ord. 2026-9, 4 Aug 2026)
6-3-7: VIOLATION:
Violation of any provision of this chapter constitutes a misdemeanor punishable as provided in this Code; however, such offenses described as infractions, shall be punishable as an infraction. (Ord. 2026-9, 4 Aug 2026)
6-4: RESERVED:
6-5: MINORS:
6-5-1: PURPOSE AND AUTHORITY:
This section is adopted pursuant to Idaho Code 20-501, 20-505, 20-520, and other provisions related to juveniles and minors. This chapter is intended to protect juveniles and to provide additional protection to the community by prohibiting particular actions by juveniles or being beyond the control of parents, guardians, or legal custodians. (Ord. 2026-9, 4 Aug 2026)
6-5-2: DEFINITIONS:
GUARDIAN: A person who has been appointed by a court to act on behalf of a minor, delegated parental powers through a parental power of attorney, qualifies as a de facto guardian under Idaho law, or a governmental agency having care and custody of a child. Such includes foster parents, administrators of a shelter care facility, or step-parent.
INCORRIGIBLE MINOR: Any minor who commits more than one act of disobedience or other status offense. Includes refusing to submit to reasonable and lawful disciplinary consequences, or repeated disobedience to the reasonable and lawful commands of a parent, legal guardian, or custodian. Such refusal must have disruptive, dangerous, or threatening to the safety, order, or welfare of others or the environment.
MINOR: Any individual who has not reached the age of eighteen (18) or has not been emancipated.
PARENT: Natural or adoptive parents who have legal custody of a child.
RUNAWAY: Any child who is absent from the home or residence of a parent, guardian, person, or agency entitled to the legal custody of the child without the permission of said parent, guardian, person, or agency entitled to legal custody of said child. (Ord. 2026-9, 4 Aug 2026)
6-5-3: MINOR RUNAWAYS PROHIBITED:
A. It shall be unlawful for any minor to run away from or refuse custody of a parent, guardian, or person or agency entitled to legal custody of the minor. Such act of running away or refusing is a violation of municipal ordinance.
B. A violation may include, but is not limited to, the following:
1. Staying overnight at a location other than their residence without the permission of their parent or guardian;
2. Leaving their residence without permission of the parent or guardian such that the circumstances indicate the minor does not intend to return to the residence;
3. Fails or refuses to return to their residence after having been requested, verbally or in writing, to return to the residence;
4. Fails or refuses to return to their residence after being informed by a peace officer that their parent or guardian has requested the minor to return to their residence;
5. Willfully flees or attempts to elude a peace officer after being lawfully order to stop by an identified peace officer.
C. Each violation of any provision of this section shall be a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-5-4: AIDING RUNAWAY PROHIBITED:
It shall be unlawful for any person to aid, abet, or assist any minor to be a runaway or cause a minor to runaway from minor’s parent or guardian. A violation of this section shall be a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-5-5: INCORRIGIBLE PROHIBITED:
It shall be a violation for a minor to be declared beyond the control of their parent or guardian, which declaration may be made when a minor disobeys reasonable rules, orders, directions, or expectations of a parent or guardian, or engages in behavior that is unruly, unmanageable, or incorrigible, and such disobedience or behavior is persistent, frequent, or severe. A violation of this section is a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-5-6: FAILURE TO SUPERVISE PROHIBITED:
A. Any person who is the parent or guardian of a minor commits the offense of failure to supervise a minor when a minor in their custody and control commits any of the following acts:
1. Commits an act to bring the minor within the purview of the Juvenile Corrections Act or commits a crime for which the minor is tried as an adult;
2. Fails to ensure attendance at school (truancy) or is not comparably instructed pursuant to Idaho Code, Title 33; or
3. Violates curfew law as provided in 6-5-7.
B. Exceptions: Any person shall not be prosecuted under this section if the individual demonstrates any of the following:
1. The person is a victim of a crime committed by the minor;
2. The person timely reported the act of the minor to law enforcement, a court, probation, Idaho Department of Health & Welfare, or other government authority; or
3. The person took reasonable steps to control the conduct of the minor at the time the person is alleged to have failed to supervise.
C. First Warning: When a minor commits any of the acts set forth in this section for the first time, and the exceptions do not apply, the parent or guardian may be warned by a peace officer of the content of this section and the penalties for violation of this section.
D. Second or Subsequent Warning: When a minor commits any of the acts set forth in this section after a parent or guardian has been warned by a peace officer, and the exceptions do not apply, a citation or summons may be issued to the parent. The citation or summons shall set a date for appearance before a magistrate.
E. Penalty: Any person in violation of failure to supervise shall be guilty of a misdemeanor, which may include restitution pursuant to state law. (Ord. 2026-9, 4 Aug 2026)
6-5-7: CURFEW REGULATIONS:
A. Hours And Age Restriction: It shall be unlawful for any child less than seventeen (17) years of age to loiter on the streets, alleys, parks or other public place within the city between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M.; provided, however, that a person below the age of seventeen (17) years may be upon the streets or other public places of the city between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M., when such child is then engaged in the performance of a lawful employment or when such person is accompanied by his parents or one of them or legal guardian or other person having legal care, custody and control of such child.
B. Responsibility Of Parent Or Guardian: It shall be unlawful for any parent, guardian or other person having the legal care, custody or control of any child less than seventeen (17) years of age to permit such child to loiter in or upon the public streets, alleys, parks or buildings of the city in violation of subsection A of this section between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M. (Ord. 2026-9, 4 Aug 2026)
6-6: UNCLAIMED PROPERTY:
6-6-1: SHERIFF HAS CUSTODY:
All abandoned, unclaimed, or unredeemed impounded personal property within the city shall be delivered to the custody of the Sheriff. (Ord. 2026-9, 4 Aug 2026)
6-6-2: DISPOSITION:
Pursuant to state law, the Sheriff may sell all such abandoned, unclaimed or unredeemed impounded personal property pursuant to and subject to the requirements of title 55, chapter 4 of the Idaho Code, and delivering the net proceeds of such sale to the city clerk, which proceeds shall be placed in and disbursed to the general fund of the city. (Ord. 2026-9, 4 Aug 2026)
6-7: AIR GUNS; FIREARMS:
6-7-1: DEFINITION:
Wherever the term “firearms” is used in this chapter, the term shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles and BB guns. (Ord. 2026-9, 4 Aug 2026)
6-7-2: DISCHARGE OF FIREARMS PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties. (Ord. 2026-9, 4 Aug 2026)
6-7-3: EXCEPTIONS; PERMITS:
The city council may at any time, upon receipt of proper application, grant permits to shooting galleries, gun clubs and others for shooting in fixed localities and under specified rules. Such permits shall be in writing attested by the clerk conforming to such requirements as the city council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the council. The city council shall set by resolution, the rules applicable to the operating of shooting galleries, gun clubs, and other fixed localities for shooting. Also, a proper application will contain the following information: name, current address, telephone, place of employment, social security number, statement as to whether or not applicant has ever pleaded guilty to or been found guilty of any felony at any time, or any misdemeanor or infraction within the last ten (10) years. The same information is required to be on the application for any employees or persons who operate the facility. (Ord. 2026-9, 4 Aug 2026)
6-8: GRAFFITI:
6-8-1: DEFINITIONS:
As used in this chapter and except as otherwise required by the context:
BROAD TIPPED INDELIBLE MARKER: Any felt tipped marker or similar implement which contains a fluid which is not soluble in water and has a flat or angled writing surface of a width of one-quarter inch (1/4“) or greater.
MAKING OF GRAFFITI: The act of defacing, damaging or destroying any real or personal property of another through the use of an aerosol container of spray paint or a broad tipped indelible marker. Such defacing shall include, but not be limited to, walls, buildings, billboards or other signs, rocks or other natural markings or monuments, gravestones, fencing, roads, bridges or other public property, vehicles, trees, or other vegetation. (Ord. 2026-9, 4 Aug 2026)
6-8-2: MAKING GRAFFITI:
A. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person or any public agency or instrumentality, without the express permission of the owner or operator of said property.
B. The making of each mark of graffiti in violation of the foregoing shall be a misdemeanor.
C. In addition to any penalty imposed by any court of competent jurisdiction in the disposition of the misdemeanor charge, the perpetrator shall be civilly liable to the city and to the building owner, renter or lessee for the cleanup of the graffiti. (Ord. 2026-9, 4 Aug 2026)
6-8-3: POSSESSION OF GRAFFITI INSTRUMENTS:
A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to paint, write, spray, scratch, affix, inscribe or otherwise place a mark upon a piece of property which that person has no permission or authority to paint, write, spray, scratch, affix, inscribe or otherwise mark, under circumstances evincing an intent to use same in order to make graffiti upon such property. Possession of spray paint can in a public building, park, facility, or alley shall be presumptive evidence of intent to use same in order to damage such property. (Ord. 2026-9, 4 Aug 2026)
6-8-4: POSSESSION BY MINORS, PARENTAL/GUARDIAN LIABILITY:
A. It shall be unlawful for any person under the age of eighteen (18) years to purchase or possess any aerosol container of spray paint or broad tipped indelible marker unless accompanied by a parent or guardian, or while involved in an activity sponsored by a school, church or community.
B. Each parent or guardian of a minor found guilty of making graffiti shall be liable for such damages created or caused to the city or to the party suffering damage as a result of such acts, or both, up to two thousand five hundred dollars ($2,500.00) as set forth in Idaho Code section 6-210. (Ord. 2026-9, 4 Aug 2026)
6-8-5: BUILDING OWNER RESPONSIBILITY:
Each owner or renter or lessee of a building or business upon which graffiti has been made shall within seventy two (72) hours of notice by the police, remove or obliterate such graffiti so that it shall become or be made indistinguishable as a message, depiction, code or marking. If not removed, the obliteration of the graffiti shall be made with paint or other suitable covering reasonably similar to the background coloring of the wall or place where the graffiti has been made or placed. Failure to do so by the building owner, renter or lessee will result in the city taking such action on its own and then assessing the cost of such to the building owner, renter or lessee, if the perpetrator of the making of graffiti or his or her parent(s) or guardian(s) cannot be quickly identified by the city. The cost of same, being a benefit to the city and to the landowner, may be certified as a lien or debt against the land and placed on the Minidoka County tax rolls as an unpaid assessment. The building owner, renter or lessee required to make such cleanup shall be subrogated to the rights of the city to require reimbursement by the party making the graffiti or that party’s parents or guardian, if the maker is of minor age. (Ord. 2026-9, 4 Aug 2026)
6-9: SIGNS:
6-9-1: REGULATION OF SIGNS ON PUBLIC PROPERTY:
A. No person shall, within the City limits, paint, post, stick, stamp, or otherwise affix or cause the same to be done by any other person, any notice, placard, bill, card, poster, or advertisement, or other device calculated to attract attention of the public, to or upon any lamppost, hydrant, tree, electrical pole, telephone pole, or upon any other pole, post, or fixture of the fire alarm system, electric light or electrical power pole, or utility pole, which are located on the public street or right- of-way or post, affix or place the same on any other City owned property.
B. Any person who either places, or allows to be placed, any notice, placard, bill, card, poster, or advertisement of any type or kind within the City limits and not in violation of subsection A of this section shall remove the same within forty eight (48) hours after the occurrence of the event advertised, or within forty eight (48) hours after receiving notice to remove the same by the City, whichever event shall first occur.
C. Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-9-2: POLITICAL OR CAMPAIGN SIGNS:
Political or campaign signs are permitted in accordance with the following provisions provided that any such sign shall not be erected earlier than sixty (60) days prior to the election at which time the candidates or measure will be voted upon and shall be removed within ten (10) days after such election, campaign or event. Unlighted, temporary signs promoting any candidate for public office or measure on the ballot are permitted in any zone. Signs shall be set back sufficiently from roadways so that the signs do not obstruct traffic or lines of sight for motorists. If in the opinion of the Sheriff or Mayor the signs constitute a safety hazard, he shall cause the sign to be removed and advise the party responsible for posting, as below set forth, of such removal and the reason. Prior to placing such political or campaign signs on private property, the permission of the owner or authorized representative of the owner must be obtained. Prior to placement of political or campaign signs on any private or public property, right-of-way, easement, or roadway, the campaign chairman or other authorized representative of the candidate or organization must obtain consent. The Sheriff may remove or cause to be removed any sign posted on public or private property for which consent has not been obtained. Permission may be provided by a property owner or a lessee in possession of property. No such signs may be posted on City buildings or the grounds of City buildings, meaning buildings owned or used by the City for Municipal purposes. It shall be a misdemeanor for any person to do the following:
A. Post a political or campaign sign on private property without obtaining consent.
B. Post a political or campaign sign on city property or public right-of-way, easement, roadway, or other public property without obtaining consent.
C. Within ten (10) days after the election or event fail to remove and appropriately dispose of any political or campaign signs.
D. Post a political or campaign sign where it is not permitted.
E. Repost a sign removed by the city.
Compliance with these provisions does not waive compliance with other provisions of law, including, but not limited to, nuisance, public safety regulations and laws, laws regarding electioneering and campaigning, activities permitted or restricted at polling places, litter laws and any legal rights of private property owners. (Ord. 2026-9, 4 Aug 2026)
FIREWORKS: Includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountain wheels, dago bombs, sparklers, and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation.
Exempted from this part are all toy pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or party favors in which paper caps containing not more than twenty five hundredths (0.25) grain of explosive compound per cap are used and such caps whether single, roll or tape type. Also exempted are signal devices or flares normally and commonly used by motor vehicles, railroads and law enforcement officers for current daily or emergency signaling purposes. (Ord. 2026-7, 2 June 2026)
5-1-2: DANGEROUS FIREWORKS:
“Dangerous fireworks” include any of the following:
A. Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature;
B. Blank cartridges;
C. Skyrockets and rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge;
D. Roman candles, including all devices which discharge balls of fire into the air;
E. Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge;
F. Snakes and hats containing bichloride of mercury;
G. Sparklers more than ten inches (10″) in length or one-quarter inch (1/4″) in diameter or made with other than iron wires;
H. All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, dago bombs and similar devices;
I. All torpedoes which explode by means of friction or which contain arsenic, and all other similar fireworks devices including cracker balls;
J. Fire balloons or balloons of any type which have burning material of any kind attached thereto;
K. All other fireworks, explosive devices or combustible material used for display or amusement which are not enumerated in section 5-1-3 of this chapter. (Ord. 2026-7, 2 June 2026)
5-1-3: SAFE AND SANE FIREWORKS:
“Safe and sane fireworks” include any of the following:
A. Cone fountains with pyrotechnic composition not exceeding fifty grams (50 g) each;
B. Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not exceeding seventy five grams (75 g) each and inside tube diameter not exceeding three-quarters inch (3/4″);
C. Sparklers and “dipped stocks” not more than ten inches (10″) in length or one-quarter inch (1/4″) in diameter made of steel or iron wire and zuzuki and morning glories with pyrotechnic composition not exceeding four grams (4 g) each;
D. Snakes which do not contain bichloride of mercury and pyrotechnic composition not exceeding two grams (2 g) each;
E. Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit or two hundred forty (240) grains for each complete wheel. The inside tube diameter of driver unit shall not exceed one-half inch (1/2″);
F. Whistles, without report and which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six grams (6 g) and containing no picric or gallic acid. (Ord. 2026-7, 2 June 2026)
5-1-4: DANGEROUS FIREWORKS PERMIT:
It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store or permit the keeping or storing of any dangerous fireworks for any use or purpose, except that a person holding a dangerous fireworks permit issued pursuant to the terms and conditions of this chapter may use dangerous fireworks for a safely supervised and conducted public display of fireworks, and said fireworks may be stored for a period not exceeding four (4) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for the public display. (Ord. 2026-7, 2 June 2026)
5-1-5: SAFE AND SANE FIREWORKS PERMIT:
No person, without having a valid safe and sane fireworks permit issued pursuant to terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale or sell any safe and sane fireworks for any use or purpose. (Ord. 2026-7, 2 June 2026)
5-1-6: APPLICATION FOR SALE OF SAFE AND SANE FIREWORKS PERMIT:
Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of safe and sane fireworks within the city shall first make written application to the clerk for a safe and sane fireworks permit. Each applicant shall pay to the clerk a fee as set by resolution of the city council at the time he files his application. In the event no safe and sane fireworks permit is issued by the city by June 15 in the year during which the application is made, the clerk shall refund the application fee. Application for the permit shall be made no later than June 1 of each year. (Ord. 2026-7, 2 June 2026)
5-1-7: APPLICATION FOR DANGEROUS FIREWORKS PERMIT:
Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to make a public display of dangerous fireworks shall first make written application to the clerk for a dangerous fireworks permit. Each applicant shall pay to the clerk a fee as set by resolution of the city council at the time he files his application. In the event no dangerous fireworks permit is issued by the city within sixty (60) days after the application is made, the clerk shall refund the application fee. (Ord. 2026-7, 2 June 2026)
5-1-8: CONTENTS OF APPLICATION:
Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall file his application with the clerk. Each application shall show the following:
A. Name and address of applicant;
B. The purpose for which the applicant is primarily existing and for which it was organized.
C. The names and addresses of the officers, trustees and/or directors, if any, of the applicant;
D. The location where the applicant requests permission to sell safe and sane fireworks or display dangerous fireworks;
E. When and where the applicant was organized and established, or, if a natural person, the applicant’s age;
F. The location of the applicant’s principal and permanent meeting place or places, or principal place or places of business;
G. The applicant’s state sales tax permit number;
H. If the applicant is an entity other than a sole proprietorship, the name and a general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any;
I. Such other information as the clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals. (Ord. 2026-7, 2 June 2026)
5-1-9: INVESTIGATION:
The clerk shall cause an investigation to be made of each application and applicant and shall submit a written report of his findings and recommendations for or against the issuance of the permit, together with his reasons therefor, to the council. (Ord. 2026-7, 2 June 2026)
5-1-10: COUNCIL POWERS:
The council shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the public health, safety and morals. The council may delegate the power to approve or disapprove applications. (Ord. 2026-7, 2 June 2026)
5-1-11: VALIDITY; TERM:
A safe and sane fireworks permit or a dangerous fireworks permit issued pursuant to this chapter shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for protection of the public health, safety and morals, an applicant may be granted permits for more than one site or location within the city. No permit shall be transferable or assignable. (Ord. 2026-7, 2 June 2026)
5-1-12: LIABILITY AND LIABILITY INSURANCE REQUIRED:
Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall have filed with the clerk prior to the issuance and validity of any permit, a policy or a certified true copy thereof, or public liability and products insurance, including both accident and occurrence coverage. The insurance coverage limits shall be at least five hundred thousand dollars ($500,000.00) per person per occurrence bodily injury, five hundred thousand dollars ($500,000.00) per occurrence aggregate bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence aggregate property damage. Each policy shall name as insured parties the city, all officials of the city in performance of official functions, and licensee or licensor of the applicant, and all vendors of the fireworks. Said policy shall be so written that it cannot be canceled without at least ten (10) days’ prior written notice to the city. In any event, each permittee does irrevocably covenant to save and hold the city harmless from any claim, demand, damage, suit or action with respect to the licensee’s handling, sale or use of fireworks, whatsoever. (Ord. 2026-7, 2 June 2026)
5-1-13: SALE PERIOD RESTRICTED:
No safe and sane fireworks shall be sold or offered for sale except from twelve o’clock (12:00) noon on June 1 to twelve o’clock (12:00) midnight on July 15 of each year. (Ord. 2026-7, 2 June 2026)
5-1-14: TEMPORARY FIREWORKS STANDS:
Temporary fireworks stands from which safe and sane fireworks are to be sold shall be subject to the following provisions:
A. The stand shall not be located within twenty five feet (25′) of any other building nor within one hundred feet (100′) of any gasoline station or flammable liquid dispensing device or installation.
B. All such stands shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.
C. The stand shall have exit doors at least thirty inches (30″) wide at both ends of the structure and one additional door for each twenty five feet (25′) of rear wall in excess of twenty five feet (25′). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times.
D. Each stand shall be provided with a minimum of two (2) approved fire extinguishers, in good working order and easily accessible for use in case of fire.
E. There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. No person under sixteen (16) years of age shall work at or about any stand where safe and sane fireworks are sold or offered for sale.
F. No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.
G. “No smoking” signs shall be prominently displayed both inside and outside of stand. No smoking shall be permitted within the stand or within fifteen feet (15′) of the stand.
H. No temporary stand shall be erected before June 1 of any year. The premises shall be cleared of all structures and debris not later than twelve o’clock (12:00) noon of July 26.
I. No fireworks shall be discharged in or within twenty five feet (25′) of any fireworks stand.
J. No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist.
K. No stand shall have a floor area in excess of seven hundred fifty (750) square feet. (Ord. 2026-7, 2 June 2026)
5-1-15: SALE FROM PERMANENT STRUCTURES:
Permanent business structures from which safe and sane fireworks are to be sold shall be subject to the following provisions:
A. All such buildings shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.
B. The building shall have exit doors at least thirty inches (30″) wide at both ends of the structure. All doors shall open outward and all doorways shall be kept free and clear from all supplies and materials at all times.
C. Each building shall be provided with not less than two (2) approved fire extinguishers, in good working order and easily accessible for use in case of fire, as approved by the Minidoka County Fire Protection District Chief.
D. “NO SMOKING” signs shall be prominently displayed adjacent to the display area. Smoking shall not be permitted within fifteen feet (15′) of any fireworks.
E. No person shall allow any rubbish to accumulate, or permit a fire nuisance to exist in or around the area where fireworks are sold.
F. If fireworks are stored, they shall only be stored in such places as are approved for storage of fireworks by the Minidoka County Fire Protection District Chief.
G. No building where alcoholic beverages are sold for consumption on the premises shall be used for the retail sale of safe and sane fireworks.
H. The Minidoka County Fire Protection District Chief may establish other regulations for permanent structures where fireworks are to be sold so long as said regulations are reasonably necessary to protect the public health, safety and morals and apply uniformly to all applicants. (Ord. 2026-7, 2 June 2026)
5-1-16: RECORDS TO BE KEPT:
Each permittee shall be required to retain at the licensed premises while said premises are open, and at his principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled. (Ord. 2026-7, 2 June 2026)
5-1-17: BOND:
In those cases where the applicant conducts the sale of fireworks from a temporary fireworks stand, he shall post with the clerk a cash bond or cash deposit in the amount set by resolution of the city council conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of debris from the site of the temporary stand. Said deposit or security shall be returned to the applicant only in the event he removes said temporary fireworks stand and cleans up all debris to the satisfaction of the Minidoka County Fire Protection District Chief, or such other official as the council may designate. In the event of the applicant’s failure to so remove the stand and debris by twelve o’clock (12:00) noon of July 26, said cash bond or cash deposit shall be forfeited to the city, and such failure shall be punishable as a misdemeanor. (Ord. 2026-7, 2 June 2026)
5-1-18: SUPERVISION BY FIRE CHIEF:
The regulation of all permits granted hereunder shall be under the supervision and control of the Minidoka County Fire Protection District Chief or as may be otherwise designated by the council. The Fire Chief shall have the right to inspect and test by samples any and all items or class of items of fireworks displayed to be sold by a permittee. Upon notification of any permittee by the Fire Chief that any particular item or items of fireworks being displayed or sold shall be deemed unsafe, such item or items shall be forthwith removed from display and returned by the permittee to the wholesaler, jobber or manufacturer, or if not so returned shall be forthwith destroyed. The Fire Chief may, in the event of apparent immediate danger or hazard to persons or property, require the immediate closing of any fireworks stand or store, and/or removal of any fireworks from any location within the city. (Ord. 2026-7, 2 June 2026)
5-1-19: COMPLIANCE; VIOLATION:
It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the Idaho state fireworks act and this chapter. The conviction or violation of the aforesaid Idaho state fireworks act or any of the provisions of this chapter by the permittee or by any of its agents, employees or officers shall constitute a cause in and of itself to deny any subsequent application for a permit. Violation of any portion of this chapter shall be a misdemeanor for each violation. (Ord. 2026-7, 2 June 2026)
5-2: OPEN BURNING:
5-2-1: PURPOSE:
The purpose and intent of this chapter is to eliminate all forms of open burning except such burning as may be permitted as set out herein. (Ord. 2026-7, 2 June 2026)
5-2-2: DEFINITION:
“Open burning” means the outdoor burning of materials where the products of combustion are not directed through a duct, passage, smokestack or chimney. (Ord. 2026-7, 2 June 2026)
5-2-3: GENERAL RESTRICTIONS:
Except as herein provided, no person shall allow, suffer, cause or permit the open burning of any materials. (Ord. 2026-7, 2 June 2026)
5-2-4: EXCEPTIONS:
A. Fires used for the preparation of food, campfires and fires for recreational purposes under control of a responsible person.
B. Fires used for control or alleviation of fire hazard or for weed control when no alternate control method exists.
C. Fires used in the training of organized firefighting personnel.
D. Properly operated industrial flares for combustion of flammable gases.
E. Readily combustible rubbish produced by operation of a domestic household may be burned on the property from which the rubbish was generated, if no collection and disposal service is available and such is approved by the mayor and the council. This shall include tree leaves and gardening waste. “Rubbish” is defined as nonputrescible solid waste except abandoned vehicles and car bodies or car body parts, industrial solid waste and agricultural solid waste. However, a permit as referred to in section 5-2-5 of this chapter must be first obtained.
F. Open burning of junked motor vehicles when permitted by the council shall be under the following additional conditions: (1) No burning will be allowed on Saturday or Sunday. (2) Burning hours shall be between ten o’clock (10:00) A.M. and four o’clock (4:00) P.M. (3) Number of units to be burned at any one location at one burn shall be limited to fifty (50) unless otherwise approved by the city council. (4) Tires and floormats shall be removed prior to burning. (5) Every reasonable effort shall be made to prepare the units in such a manner that rapid and efficient combustion will occur. Any burning of motor vehicles deemed necessary by the council shall be conducted at one or several centralized locations approved by the Idaho department of health and welfare, environmental protection division.
G. Burning of plant life grown on the premises in the course of agricultural, forestry or land clearing operation.
H. During the months of April and October the city council, after consultation with the Idaho department of health and welfare, environmental protection division, may establish “clean up weeks” during which property owners will be allowed, without special permit, to burn leaves, shrubbery, trimmings, grass and such other materials at such times and in such manner as may be designated in the public proclamation. (Ord. 2026-7, 2 June 2026)
5-2-5: STANDARDS FOR BURNING:
A. Permit Required: No person shall conduct burning within the provision of section 5-2-4 of this chapter on or in any public street, alley, road or other public ground without a permit or other proper authorization.
B. Approved Burning: With respect to subsection 5-2-4E of this chapter, it shall be unlawful for any person to burn or cause to be burned any trash, lumber, leaves, straw, papers or any other combustible material outside of any building districts of the City from the period of June 1 of each year to October 31 of each year, without first obtaining a permit from the Mayor stating when such burning shall be done and under such proper safeguards as the Mayor may direct.
C. Attendance Of Open Fires: All open burning shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
D. Mayor May Prohibit: The Mayor or his agent may prohibit any or all open burning when atmospheric and other conditions or local circumstances make such fires hazardous to health or property. (Ord. 2026-7, 2 June 2026)
5-2-6: VIOLATION; MISDEMEANOR:
Any person violating any of the provisions of this chapter or wilfully refusing to comply with any proper requirements of the designated officer shall be deemed guilty of a misdemeanor. Each day a violation of the provisions of this chapter continues shall constitute a separate offense. (Ord. 2026-7, 2 June 2026)
5-2-7: SAFETY PROVISIONS OF OTHER ORDINANCES:
Nothing in this chapter shall be construed as repealing or amending in any way any safety provisions of the Fire Prevention Code heretofore adopted by the City. All of the safety requirements therein prescribed for outdoor burning, bonfires or rubbish fires, shall be required of all persons holding permits under the provisions of this chapter. (Ord. 2026-7, 2 June 2026)
5-3: ABANDONED AND WRECKED VEHICLES OR PROPERTY:
5-3-1: DEFINITIONS:
ABANDONED: The relinquishment or giving up with the intent of never again resuming or claiming an interest in the thing.
DAMAGED: That which has been impaired, injured, hurt and harmed.
DILAPIDATED: Caved, fallen into partial ruin, injured by bad usage or neglect.
DISMANTLED: Taking to pieces of the thing.
HOUSEHOLD GOODS AND EQUIPMENT: All articles usually referred to as household goods and articles used in housekeeping including, but not limited to, chairs, tables, davenports, beds, refrigerators, stoves, washers, dryers, furnaces and appliances.
JUNK: Scrapped, wrecked, ruined or dismantled.
MACHINERY: All articles used for farm or domestic purposes, machinery or equipment, and all metal or wooden machinery, motors, equipment, tools or property.
MISCELLANEOUS PROPERTY: All other property including, but not limited to, rope, iron, brass, copper, tin, lead, rubber, rags, baggage, bottles, scrap, toys, bicycles, boats, containers and batteries.
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 and to transport persons or property or pull machinery including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies or wagons.
WRECKED: Disordered or broken remains of anything that has been demolished or otherwise ruined and is in a state of ruin or dilapidation and as particularly applied to motor vehicles herein called a junk motor vehicle shall be further defined as an unsightly motor vehicle or part or parts therefrom which does not carry a current or valid state registration, cannot be safely operated under its own power, is not in a garage or other building and does not have any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirror, windshield wipers or adequate fenders.
The foregoing words in this section shall have such further meanings as may be defined in a generally accepted dictionary. (Ord. 2026-7, 2 June 2026)
5-3-2: ACCUMULATION PROHIBITED:
A. No person shall place, allow, discard, maintain or store any dismantled, abandoned, junked, damaged or destroyed household goods or equipment, motor vehicles, machinery or miscellaneous property upon any public street, alley, sidewalk or upon private property within the city.
B. No person, whether he be the owner, tenant, occupant, lessee or otherwise of any private property or premises shall place, allow, discard, maintain, park, store or permit to be stored, placed, allowed, discarded, maintained or parked upon property or premises, for a period of time exceeding forty eight (48) hours, any wrecked, dismantled, abandoned, junked, damaged or destroyed household goods, equipment, motor vehicles, machinery or miscellaneous property as in this chapter defined. (Ord. 2026-7, 2 June 2026)
5-3-3: NOTICE TO ABATE:
A. Any code enforcement officer, the Mayor, the Minidoka County Building Official, or any City employee designated as code enforcement, may order any wrecked, dismantled, abandoned, junked, damaged or destroyed household goods and equipment, motor vehicles, machinery, or miscellaneous property or parts thereof removed within ten (10) days, except if the item shall constitute a traffic hazard it may be removed immediately to the impounding yard and notice subsequently be given as provided in subsection B of this section.
B. Notice of such order shall be served upon any adult occupying the real estate upon which the item is located, if known. If no occupant of the real estate or owner of the item or part thereof can be found on the premises, a notice affixed in a conspicuous place to any building on the real estate shall constitute notice to the owner or occupant of the real estate and to the owner of the item or part thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate in a conspicuous place. Notice shall also be mailed to the owner of the real property parcel. (Ord. 2026-7, 2 June 2026)
5-3-4: FAILURE TO ABATE:
A. If such item is not removed within the time so affixed, the city official ordering the removal thereof shall cause the item to be removed at the expense of the owner and placed in an impounding yard where the same shall be offered for sale to the highest and best bidder at public auction to be held not later than ten (10) days after one publication of notice of sale to be published in a newspaper of general circulation in the city. The proceeds of the sale shall be used to pay expenses of taking the item into possession and for the conduct of the sale and the publication of same. In the event the sale of the item fails to produce enough revenue to pay the charges, the balance will be due and payable immediately by the owner of the item.
B. It shall be unlawful and a misdemeanor for any person to fail or refuse to remove any item or refuse to abate such nuisance when ordered so to do in accordance with provisions of this chapter.
C. It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city officer or employee to enter upon private or public property to enforce the provisions of this chapter. (Ord. 2026-7, 2 June 2026)
5-3-5: EXCEPTIONS:
This chapter shall not apply to any property or premises where items are enclosed in a building or to any property or premises lawfully operated as business where the same is a part of an enterprise necessary to the operation of said business; provided, however, in the case of businesses whose inventory consists of the materials otherwise herein defined as junk or normally considered junk, the property upon which such items are placed shall be enclosed by a fence at least six feet (6′) in height of such a material that such fence shall reasonably prevent persons outside the premises from seeing the materials stored on the premises through the fence. However, nothing herein contained condones conditions which are otherwise a public or private nuisance. (Ord. 2026-7, 2 June 2026)
5-3-6: NUISANCE DECLARED:
Any item or items as defined herein placed, allowed, discarded, maintained or stored shall constitute a public nuisance. (Ord. 2026-7, 2 June 2026)
5-4: WEEDS:
5-4-1: NUISANCE DECLARED:
Any commonly accepted weeds found growing in any lot or tract of land in the City are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in such places. The word “weeds” shall include all vegetable growth that is troublesome, useless or noxious and are generally accepted as having no ornamental use. (Ord. 2026-7, 2 June 2026)
5-4-2: HEIGHT LIMIT:
It shall be unlawful for anyone to permit any weeds, grass or other plants, other than trees, bushes, flowers, and other generally accepted ornamental plants, to grow to a height exceeding six inches (6″) or a diameter of six inches (6″) anywhere in the City. Any such plants or weeds exceeding such height or diameter are hereby declared to be a nuisance. (Ord. 2026-7, 2 June 2026)
5-4-3: NOTICE TO ABATE:
Any code enforcement officer, the Mayor, the Minidoka County Building Official, or any City employee designated as code enforcement, may serve a notice upon the owner or occupant of any such premises on which weeds or plants are permitted to grow in violation of the provisions of this chapter, and to demand the abatement of the nuisance within ten (10) days. (Ord. 2026-7, 2 June 2026)
5-4-4: FAILURE TO ABATE AND PENALTY:
If the person so notified does not abate the nuisance within ten (10) days after such notice, the Mayor may proceed to abate such nuisance, keeping an account of the expense thereof, and such expense shall be charged to and paid by the owner or occupant. Such failure to abate shall also constitute a misdemeanor. (Ord. 2026-7, 2 June 2026)
5-4-5: REMOVAL OR DESTRUCTION BY CITY; CHARGES:
Every person owning or occupying any lots, lands or premises situated within the corporate limits of the City shall within the time fixed by section 5-4-4 of this chapter keep continuously destroyed, weeded out, cut down and obliterated all such deleterious, unsightly and injurious weeds and noxious weeds, grasses and growths in or on any and all such lots, lands or premises. In the event of noncompliance, the City shall cause through its duly authorized personnel such weeds and growths to be cut down, weeded out, removed and destroyed. The costs and expenses of such destruction shall in the event of nonpayment for thirty (30) days be assessed against such property as general taxes, and collectable as other general State, County and Municipal Taxes as provided by Idaho Code sections 50-317 and 50-1008.
Before the costs and expenses shall become a lien against the property, the Mayor shall notify in writing the owner of any such lot, place or area, or the agent of said owner, to cut, destroy and/or remove any such weeds, grasses or deleterious, unhealthful growth or other noxious matter. Such notice shall be by certified mail to the owner’s last known address and shall also be posted on the lot(s) for ten (10) days. Upon the failure, neglect or refusal of any owner or agent so notified within ten (10) days after the posting and receipt of written notice, the Mayor is hereby authorized and empowered to commence cutting, destroying or removing such growth or to order the removal by the City. The costs of such removal shall be a minimum charge of one hundred dollars ($100.00) for the first hour and fifty dollars ($50.00) for each hour thereafter. Such fees may be certified by the City Clerk to the County Treasurer under the provisions of Idaho Code sections 50-317 and 50-1008.
The foregoing is an additional and cumulative remedy of the City and does not preclude other enforcement as provided in section 5-4-4 of this chapter. (Ord. 2026-7, 2 June 2026)
5-4-6: AUTHORITY TO EMPLOY LABOR:
The Mayor and City Council are hereby given the power and authority to employ or contract for such labor as is necessary to carry out the provisions of this chapter. (Ord. 2026-7, 2 June 2026)
5-5: RESERVED:
5-6: EXCAVATIONS:
5-6-1: PERMIT REQUIRED:
It shall be unlawful for any person to make any excavation or opening in any public right-of-way within the City without first having a written permit therefor from the Mayor. (Ord. 2026-7, 2 June 2026)
5-6-2: APPLICATION; DEPOSIT AND INSPECTION FEE:
A. Applications for permits shall be made in writing to the City and shall state thereon the location and size of the proposed opening, the material of which the surface to be opened is composed, and such other information as may be required. Before any permit shall be issued, the applicant shall make a deposit with the City Clerk, except in the case of authorized City employees and in the case of public utilities, in the form of cash or certified check, together with an inspection fee, based upon the following: Dirt, loose stone or similar material: $25.00 for 25 square feet or less, plus $1.00 per square foot over 25; Brick, asphaltic or similar material: $50.00 for 25 square feet or less, plus $2.00 per square foot over 25; Concrete: $100.00 for 25 square feet or less, plus $5.00 per square foot over 25; Fee for inspection: 10 percent of deposit but in no case less than $5.00; Public utilities shall pay a fee as determined by the Council.
B. Any person making or causing to be made any excavation or opening for any purpose in any public right-of-way within the City shall cause the same to be repaired in the following manner: (1) The width of the trench shall be kept as narrow as the construction needs require. Proper bracing shall be maintained to prevent any collapse of adjoining ground; no tunnel shall exceed thirty six inches (36″) in diameter except with proper bracing or shoring as approved by the City. (2) All excavated material shall be removed from the location and the opening backfilled with sand or fine aggregate in lifts not to exceed sixteen inches (16″), each thoroughly compacted before the next lift is placed. (3) Topsoil shall be replaced at a minimum depth of six inches (6″) properly graded, compacted, seeded or sodded and approved by the City. (4) Gravel surfaces shall be repaired with thoroughly compacted crushed stone base equal to the thickness of the existing course, but not less than eight inches (8″). (5) Bituminous surfaces shall be repaired with a two inch (2″) compacted thickness “cold patch” surfacing material over a compacted, crushed stone base not less than six inches (6″). (6) Concrete and bituminous concrete surfaces shall be repaired with concrete and base equal to the existing slab and base thickness, with the surfacing removed one foot (1′) outside the perimeter of the trench opening.
C. The application required shall also show that the applicant has contacted all operators of gas, electric, telephone, water, sewer or any other public utility services in the area, to receive from them the information as to the existence and location of any underground facilities. (Ord. 2026-7, 2 June 2026)
5-6-3: DISPOSITION OF DEPOSIT:
The deposit shall be held by the City Clerk for a period of one year after the notice of restoration, and if after one year, and after inspection by the City the restoration of the excavation or opening is in a condition acceptable to the City, the deposit shall be returned to the depositor. If the City deems that further work is necessary to restore the public right-of-way and upon refusal or failure of the depositor to make the required corrections, the City may do the necessary work with the costs thereof being deducted from the deposit. The balance of the deposit, if any, shall be returned to the depositor or, if the costs of proper restoration exceed the deposit, then the depositor shall pay to the City the amount of the excess. (Ord. 2026-7, 2 June 2026)
5-6-4: LIABILITY OF PERMITTEE:
A. All persons permitted hereunder to make any excavation or opening in any public right-of-way within the City shall maintain all such excavations or openings in a safe condition and shall be liable and responsible for any and all accidents or damages of any nature occasioned by any such excavation or opening until same is repaired and approval of the City is obtained.
B. All such repairs shall be of such character that the excavation repair will be and remain in good repair and condition for a period of one year from and after the completion thereof. In case any disintegration appears or any defects or depressions occur within such period, except such as are without the fault of the permittee or his agents, such permittee shall be liable for and responsible to repair such defects and to put the repair in a smooth, satisfactory and good condition. (Ord. 2026-7, 2 June 2026)
5-6-5: BLOCKING STREETS:
No excavation shall block more than one-half (1/2) of any street driving surface, except as approved by the City. The City may require adequately trained persons available to direct traffic at such times and locations as the City shall direct. Such persons shall be employees of the permittee and shall obey all orders of duly authorized law enforcement personnel, Mayor, and City, as such orders relate to traffic and traffic safety. (Ord. 2026-7, 2 June 2026)
5-6-6: BARRICADES AND LIGHTS:
Any person making or maintaining any excavation in any public right-of-way shall maintain the same adequately guarded by barricades and lights to protect persons and property. (Ord. 2026-7, 2 June 2026)
5-6-7: SUPERVISION:
The excavating, tunneling or other work being done to any public right-of-way shall be under and subject to the supervision of the City. Notice shall be given to the City at least twenty four (24) hours before the work of backfilling any excavation commences. (Ord. 2026-7, 2 June 2026)
5-6-8: PENALTY:
Violation of any provision herein shall constitute a misdemeanor. (Ord. 2026-7, 2 June 2026)
5-7: PUBLIC PARKS:
5-7-1: PARK SUPERVISION:
All parks and recreational areas owned, operated and maintained by the City shall be under the supervision of the Mayor and Council or their duly designated agents. The Mayor and Council shall from time to time by resolution or ordinance, promulgate rules and regulations for the operation and maintenance of such areas and shall have the authority to establish schedules of fees to be charged for the use of the same. (Ord. 2026-7, 2 June 2026)
5-7-2: TRAFFIC AND USE OF MOTOR VEHICLES IN PARKS:
A. All persons operating motor vehicles within a City park shall comply with all applicable provisions of Idaho State Traffic Code or the City’s ordinances relating to the operation of motor vehicles as contained in this and other chapters.
B. All persons within a City park shall obey all law enforcement officers and park employees, who are authorized and instructed to direct traffic whenever and wherever needed in the parks.
C. All persons operating motor vehicles within a City park shall observe all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control of traffic and to safeguard life and property.
D. All persons operating motor vehicles within a City park shall not exceed a rate of speed exceeding five (5) miles an hour, except upon such roads designated, by posted signs, for speedier travel.
E. All persons operating motor vehicles within a City park shall drive only on the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas.
F. All persons operating motor vehicles within a City park shall not park vehicles on the grassy areas of the park and shall operate and park vehicles only in established or designated parking areas. Motor vehicles may not be left in a park after closing hours of the park. No vehicle may be double parked on any road or parkway unless directed by a law enforcement officer or a park attendant. (Ord. 2026-7, 2 June 2026)
5-7-3: PARK USE RULES:
A. Purpose And Compliance: It is the City’s intention to secure the maximum, comfortable and convenient use of the City’s parks by all and to provide for protection of persons and property. Persons using the City’s parks must comply with directions given by law enforcement officers and any other authorized City representatives.
B. Use: Use of all park facilities is on a “first come, first served” basis, unless appropriate reservations for exclusive use are made as provided in this chapter.
C. Length Of Use: Unless otherwise provided, exclusive use of any portion of the parks or picnic areas or of any of the buildings or structures in the City’s parks is not permitted nor shall any person use such areas of the park or park facilities for an unreasonable length of time, unless prior reservation for exclusive use is made as provided in this chapter.
D. Park Facilities: Tables, benches and other facilities of the city parks may not be moved without the consent of an authorized representative of the city.
E. Picnicking: All fires shall be in designated firepits or fire stands. Persons using the park picnic areas shall not leave their picnic area before any fire they have used has been completely extinguished. All persons using the park shall not leave any trash they have generated in the park except in approved trash receptacles.
F. Camping: Other than use of designated camping areas in the city’s recreational vehicle park, any form of camping is prohibited, including any form of overnight sleeping, setting up of and use of recreational vehicles, tents, shacks, or any other temporary shelter for the purpose of camping, except by special permission of the city.
G. Dangerous Games: No person shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects, including, but not limited to, paint balls, throwing stones, arrows or javelins, except in areas set apart for such forms of recreation.
H. Animals: Horseback riding is not permitted in any city park. No person may bring a dog or other domestic animal into a park except on a leash or carried by the person owning or having the care, custody and control of such dog or domestic animal. Owners of animals must immediately remove fecal matter left in the park by the animal.
I. Skating And Using Skateboards: Use of skates or skateboards, except in places expressly designated for such use is prohibited.
J. Distribution Of Advertising Materials, Solicitation, Etc.: No person may distribute, leave or throw any advertising material, such as handbills, circulars or give away or otherwise distribute for advertising purposes any services, goods or wares except as authorized by the city. No person may solicit or accost other persons for the purpose of begging or soliciting alms or otherwise soliciting funds except for charitable fundraising events approved in advance by the city.
K. Erection Of Structures: No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the city.
L. Trees, Shrubbery And Lawns; Injury And Removal: No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
M. Alcohol And Drugs: No person may consume or possess any alcoholic beverage in any city park. No person may be under the influence of intoxicating liquor, narcotics or drugs. No person may engage in conduct that may endanger the health and/or safety of himself or of other persons or property, or unreasonably annoy and disturb persons in his vicinity.
N. Sound: No person may operate or aid in the operation of private radios, stereophonic or sound amplification devices at a greater operating level than sixty two (62) decibels measured at a distance of twenty feet (20′) from such radios or devices.
O. Glass Containers: No person may bring any glass containers into any park or make use of any glass container in a park. (Ord. 2026-7, 2 June 2026)
5-7-4: GROUP USE OF PARKS:
Use of a city park by a group intending to or actually making joint use of a park as a “group” (as defined herein), whether for exclusive or nonexclusive use, shall be subject to the following provisions. Such groups shall apply for and obtain a permit to use a city park in order to use the same as a group. Otherwise, such a group shall be presumed to be an unlawful assembly.
A. Definitions: CHARITABLE USE: Use by an organization which has obtained recognition as a charitable institution under section 501(c)(3) of the internal revenue code. COMMERCIAL ACTIVITY: Any display, enterprise, promotion, arts and crafts display, exhibit, food or drink concession, yard sale or any activity at which goods or services are sold, or an admission fee or use fee is required. COMMUNITY USE: Use by a group or organization which is a not for profit organization and the use of the park is a not for profit event. GROUP: Any commercial activity; a reservation for exclusive use of a park by any number of people; any fundraising or sales; any political use; or any event where fifty (50) or more people intend to make joint use of a park. POLITICAL USE: Any political rally, public demonstrations or other protest events or expressions of freedom of speech as sanctioned by law. Political use is limited to four (4) continuous hours in a single day, and may not commence before nine o’clock (9:00) A.M. and must conclude no later than ten o’clock (10:00) P.M. PUBLIC USE OR A PUBLIC ORGANIZATION USE: Use by public entities such as cities, counties, schools and other similar public or political subdivisions of the state of Idaho.
B. Commercial Activity In Public Parks Prohibited: City parks are not intended for commercial activities. No commercial activity shall be carried on or conducted in public parks of the city except as authorized by the city council, in its sole discretion.
C. Time Limit: The use which requires a permit as herein provided may not, in any event, exceed three (3) consecutive days.
D. Applications For Group Activities In Public Parks: Any person or entity seeking to conduct a group activity in a public park in the city must complete a written application form provided by the city clerk. Each application must be accompanied by a nonrefundable application fee in the amount set by resolution of the city. Applications for group use shall be considered by the city council at its next regular meeting following submission of the completed application to the city clerk. Prior to the issuance of a permit, the applicant shall provide proof of public liability insurance in an amount of at least one million dollars ($1,000,000.00) naming the city as an additional insured. The applicant shall agree in writing to hold harmless and indemnify the city from all liability arising from the permitted activity.
E. Fee Exemption: The city council may, in its discretion, waive the requirement of paying a permit fee to any bona fide, charitable or public organization proposing to conduct a charitable or nonprofit activity.
F. Preference: Charitable, public activities or community uses or events, in that order, shall be given preference over other uses.
G. Immediate Termination Of Event: The city’s mayor or their designated representatives may order the immediate termination of the event and dispersal of all persons at the site if the event has become too noisy, unruly, out of control, poses danger to persons or property, or the event and participants are otherwise a private or public nuisance. (Ord. 2026-7, 2 June 2026)
5-7-5: PARK OPERATING POLICY:
A. Hours: Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from six o’clock (6:00) A.M. to ten o’clock (10:00) P.M. Thereafter, visitors and vehicles shall be excluded during the hours of closure.
B. Closed Areas: Any section or part of any park may be declared closed to the public by the City Council or duly authorized representative at any time and for any interval of time, either temporarily or at regularly and stated intervals and either entirely or merely to certain uses, as the City Council or a duly authorized representative shall find reasonably necessary.
C. Effect Of A Permit: The permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permit. The City Council, or a duly authorized representative, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause.
D. Reservations: Special prior reservations for exclusive use of an entire City park or a certain portion of any City park may be made with the City Clerk in writing on the form provided. The Mayor has sole discretion as to whether such reservation shall be granted. At the time the application is made, the applicant must tender a deposit fee in the amount set by resolution of the City Council. The applicant is personally responsible for all use of the reserved facilities and any littering or damage to the City facilities during the time of exclusive use.
E. Exclusive Use Of Some Park Facilities: The City may grant temporary permission for exclusive use of City parks for organized community athletic events. The City reserves the right to alter or withdraw such temporary grant of exclusive use, with or without prior notice, and on such terms as it considers appropriate in its sole discretion. (Ord. 2026-7, 2 June 2026)
5-7-6: ENFORCEMENT AND PENALTIES:
Law enforcement officers and duly authorized representatives of the City shall enforce the provisions of this chapter. A law enforcement officer or duly authorized representative of the City shall have the authority to eject from the park any person acting in violation of this chapter. Any person found to be violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 2026-7, 2 June 2026)
5-8: NOISE:
5-8-1: PURPOSE:
The purpose of this chapter is the protection of the health, safety, and welfare of the citizens of Minidoka. It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. It is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall be liberally construed to effectuate that purpose. (Ord. 2026-7, 2 June 2026)
5-8-2: DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
CITY: Minidoka city, Idaho, or the area within the city limits of Minidoka city, Idaho.
COMMON AREA(S): The area(s) of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY VEHICLE: A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal law enforcement agency.
LOUD AMPLIFICATION DEVICE: Any equipment designed or used for sound production, reproduction, or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo, tape player, compact disc player, loudspeaker, public address (PA) system, sound amplifier, or comparable sound broadcasting device.
PERSON: Any individual, association, organization, or entity having a legally recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units each individual unit shall be considered a separate residence for the purpose of this chapter.
PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 2026-7, 2 June 2026)
5-8-3: NOISE PROHIBITIONS:
It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:
A. Is plainly audible within any place of residence not the source of the sound; or
B. Is plainly audible upon a public right of way or street at a distance of one hundred feet (100′) or more from the source of such sound; or
C. Is plainly audible from upon or within a motor vehicle upon a public right of way or street at a distance of fifty feet (50′) or more from the source of such sound.
5-8-4: ENFORCEMENT:
A. Peace Officer Citation: Any law enforcement officer or person empowered to enforce this provision of this code is authorized to issue a uniform citation upon his own observation of a violation without the necessity of a citizen complainant’s signature on said citation.
B. Citizen Citation: A uniform citation may also be signed by any citizen or person in whose presence an alleged violation of this chapter occurred, and be witnessed by a law enforcement officer or person empowered to enforce this provision of this code whose name shall be endorsed on the citation. (Ord. 2026-7, 2 June 2026)
5-8-5: ORDINANCE ADDITIONAL TO OTHER LAW:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action, or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend, or modify any law, ordinance, or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on such subject.
5-8-6: EXEMPTIONS:
The following sounds are exempted from the provisions of this chapter:
A. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency.
B. Sounds caused by activities upon any outdoor municipal, school, religious or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or its agent.
C. Sounds caused by parades, firework displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit.
D. Sounds caused by locomotives or other railroad equipment.
E. Sounds caused by burglar alarms that are not in violation of this code.
F. Sounds caused by safety warning devices required by law.
G. Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit.
H. Sounds emanating from devices used within the common areas of a multiunit facility whose use has been approved by the owners or management of the facility, in compliance with any regulations imposed by the owners or management.
5-8-7: PENALTY:
A. Fine: Any person who shall violate any of the terms or provisions of this chapter shall be guilty of an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees.
B. Suspension Of License: If a defendant fails to pay a traffic infraction penalty within the time allowed, unless the court makes a finding that the defendant has shown complete and continuing financial inability to pay the penalty, the court shall sign a notice of nonpayment of penalty and send it to the Idaho department of transportation for suspension of defendant’s driver’s license as provided by law.
5-8-8: SEVERABILITY:
If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect.
5-9: PUBLIC ASSEMBLIES:
5-9-1: PURPOSE:
It is the purpose of this chapter to regulate the assemblage of large numbers of people, in excess of those normally needing the health, sanitary, fire, police, transportation and utility services regularly provided in the city, in order that the health, safety and welfare of all persons in the city, residents and visitors alike, may be protected.
5-9-2: LICENSE REQUIRED, CONDITIONS:
A. No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to an actual or reasonably anticipated assembly of one hundred fifty (150) or more people, whether on public or private property, unless a license to hold the assembly has first been issued by the council, application for which must be made at least forty five (45) days in advance of the assembly.
B. As used in this chapter: ASSEMBLY means a company of persons gathered together at any location at any single time for any purpose. PERSON means any individual, partnership, corporation, firm, company, association, society or group.
C. A separate license shall be required for each day and each location in which one hundred fifty (150) or more people assemble or can reasonably be anticipated to assemble; the fee for each license shall be one hundred dollars ($100.00).
D. A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble at the licensed location more than the maximum permissible number of people.
E. The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.
F. This chapter shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed by other laws and regulations of this state.
G. This chapter shall not apply to any regular established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, school or other similar permanently established place of assembly which does not exceed the maximum seating capacity of the facility where the assembly is held.
5-9-3: REQUIREMENTS FOR ISSUANCE OF LICENSE:
Before he may be issued a license the applicant shall first provide proof that he will furnish at his own expense before the assembly commences:
A. A fence completely enclosing the proposed location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four (4) gates.
B. Potable water sufficient to provide drinking water at the rate of at least one gallon per person per day and water for bathing at the rate of at least ten (10) gallons per person per day.
C. Enclosed toilets sufficient to provide at least one toilet for every two hundred (200) persons together with an efficient, sanitary means of disposing of waste matter deposited.
D. A sanitary method of disposing of solid waste sufficient to dispose of at least two and five-tenths (2.5) pounds of solid waste per person per day.
E. A free parking area sufficient to provide at least one parking space for every four (4) persons.
F. If the assembly is to continue overnight, camping facilities sufficient to accommodate the maximum number of people to be assembled.
G. Fire protection, including alarms, extinguishing devices, and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly.
H. All reasonably necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.
I. An insurance certificate, filed with the city, underwritten by an insurance company licensed to do business in Idaho in an amount not less than one million dollars ($1,000,000.00), naming the city of Minidoka as an additional insured primary and noncontributory party.
5-9-4: CONDITIONS OF APPLICATION:
A. Application for a license shall be made in writing to the council of the city at least forty five (45) days in advance of such assembly.
B. The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant.
C. The application shall contain and disclose: the name, age, residence and mailing address of all persons required to sign; the address and legal description of all property upon which the assembly is to be held; proof of ownership or permission to use the property; the nature or purpose of the assembly; the total number of days and/or hours during which the assembly is to last; the maximum number of persons; and plans for fencing, potable water, toilet facilities, solid waste disposal, illumination, parking, camping facilities, security, fire protection, sound control, and food concessions.
D. The application shall include the bond required by this chapter and the license fee.
5-9-5: PROCESSING APPLICATION:
The application for a license shall be processed within twenty (20) days of receipt and shall be issued if all conditions are complied with.
5-9-6: REVOCATION OF LICENSE:
The license may be revoked by the council of the city at any time if any of the conditions necessary for the issuing of or contained in the license are not in compliance, or if any condition previously met ceases to be in compliance.
5-9-7: ENFORCEMENT:
A. The provisions of this chapter may be enforced by injunction in any court of competent jurisdiction.
B. The holding of an assembly in violation of any provision or condition contained in this chapter shall be deemed a public nuisance and may be abated as such.
C. Any person who does not obtain the required license or who violates any condition upon which he is granted a license is guilty of a misdemeanor. Each day of violation shall be considered a separate offense.
Ross Leslie Andra, my great-uncle, died on 20 June 2024 in Salt Lake City, Utah. He was 87 years old. He was one of the younger brothers of my Grandma, Colleen Mary Andra. Some family figures cast long shadows, Ross was one of those characters.
On 29 June 2024, the Cannon Ninth Ward meetinghouse on West 1400 South in Salt Lake City filled with people who had been touched by him. Some had worked alongside. Some had received a knock at the door late in the evening. Some simply remembered the jokes. Before Bishop Ted Maxwell called the meeting to order, it was clear that a certain kind of man had died — the kind the eulogists kept calling, with unfeigned sincerity, bigger than life.
I have shared many posts regarding the Andra family. Many of those that reference Ross are listed below, but many more deal with the broader Andra family. This post attempts to bring some of that documentation together as a tribute.
The Family
William and Golden in back, Sergene, Millie, Colleen, June standing, Donald, Larry, Bill, Dale, Mary, and Ross sitting.
The world Ross was born into had been built across two continents and three generations. His grandfather Friedrich Theodor Andra had been born in Rosswein, Saxony in 1867 and died in Meissen in 1902, when Ross’s father Bill was just four years old. Bill’s mother, Christiana Wilhelmina Knauke, brought the family to America. Bill arrived alone in May 1909 — at eleven years old you paid reduced passage; at twelve, full price — and went first to Fairview, Utah, then to Preston, Idaho, where a former missionary named George Wanner had helped convert the family in Germany. Bill worked the Wanner farm for seven years, at $18 a month rising to $30, milking twenty-four cows, doing any work he could get. He married George’s daughter, Mary Louise Wanner, in the Salt Lake Temple on 10 March 1920. Christiana Knauke Andra — Ross’s grandmother — lived until Christmas Day 1957 in Salt Lake City. She was still alive when Ross stepped onto the plane for missionary service in Brazil.
Mary Louise was equally remarkable. She had nursed flu victims during the 1918 epidemic, nearly became a professional jockey at the Logan County Fair, outran all the girls and most of the boys at school in Preston. She and Bill built their life in Depression-era conditions — $1,000 principal and $500 interest on the farm, with Bill digging basements and hauling gravel and taking sugar beets to the factory at $4 a ton to make the payments. Mary’s autobiography, written in November 1961, records it without complaint: “With the Lord’s help and a good wife and children, we paid for the farm.” Her garden in Preston was massive — flowers surrounding it, vegetables in rows — and beautiful enough that even a nine-year-old boy visiting with his grandmother noticed and remembered. Ross spent the rest of his life planting tomatoes wherever he could find a plot of dirt. He was his mother’s son.
Twelve children were born to Bill and Mary between 1920 and 1943. Two died young — Robert Lee on his first day in 1934, Dennis Willard in January 1945, four days after his third birthday, of an earache in the night. The ten who survived grew up in close quarters on the Preston farm, with the pranks you would expect from six boys and four sisters sharing a household. Ross and his brothers once tied a cow to their math teacher’s front door.
Don, Ross, Bill, Dale, and Larry Andra, Preston, Idaho – 1950s
23 January 1957
Ross Andra, Preston High T-shirt, backyard
Ross graduated from Preston High School in 1955. He spent two years at Utah State Agriculture College, then headed east with his brothers Donald and Golden to work construction on the St. Lawrence Seaway project in Massena, New York. Golden was a general foreman on the Eisenhower Lock — photographed in the project’s official records, named in the local newspaper. Donald met and married a woman in Hogansburg, New York. Ross told me stories about New York, though I cannot remember enough of them to share now. What I know is that the three brothers were there together, Idaho farm boys pouring concrete on one of the great infrastructure projects of the Eisenhower era, on the St. Lawrence River in the far north of New York State.
Then Ross came home and left again — this time for Brazil.
Ross Andra Missionary Farewell Program – 30 December 1956.
The missionary farewell program for Elder Ross Leslie Andra is dated Sunday, 30 December 1956, Preston First Ward Chapel, 7:30 p.m. The opening hymn was “I’ll Go Where You Want Me to Go.” His brother William Jr. — who had himself served in Mexico from 1941 to 1943, the first of the Andra brothers to go — spoke at the service. His brother Donald gave the benediction. Ross made his own remarks. Bishop W. Dean Palmer closed. The program reads: Elder Ross Leslie Andra leaves for Brazilian Mission, January 23, 1957.
I remember Ross telling a story. He had just returned home from his mission in Brazil and was sitting on the stand at Stake Conference with other returned missionaries. Apostle Joseph Fielding Smith was speaking at the pulpit. Elder Smith was speaking about being strictly honest with your fellow man. Elder Smith related a story that told of a guy who admitted to Elder Smith that he was not as honest as he should be. The irony of a man honestly confessing his inability to be honest struck a nerve with Ross. He got the giggles. Apparently he looked at someone else who also found the irony humorous and the laughter broke out and spread. Apparently Elder Smith turned around to look at them with a very unfavorable look. It only added to the giggles. Ross admitted it might have been his Brazilian sense of humor. He laughed even as he told me about the story.
Four years later — on 9 October 1960 — Ross stood at that same Preston First Ward pulpit as his farewell and spoke at the farewell for his younger brother Dale, who was leaving for the Western States Mission. The brothers sent each other off, one by one, into the world.
Ross served in Brazil from 1957 to 1959. He came home, enrolled at Brigham Young University, studied political science, speech education, and Portuguese, graduated with a Bachelor of Arts in 1964. But the most important thing that happened in Brazil was Adelaide.
Feliz Natal
Angela and Blas Gonzalez, Adelaide’s parents
Adelaide Gonzalez Carrenho, Brazil
Adelaide Gonzalez Carrenho — the daughter of Angela and Blas Gonzalez of Brazil — was a young woman of dark eyes and composed beauty when Ross encountered her. I seem to recall that he said they met on a trip back to Brazil after his mission. After he returned to BYU; they kept in contact across the distance. On 14 June 1963, in the Logan Utah Temple they were joined in the holy bonds of matrimony for time and for all eternity. The witnesses on the marriage certificate are William F. Andra Sr. and Dale Andra — Bill and Dale, father and brother, standing at the altar the day Ross married his Brazilian bride. A missionary friend named Phyllis Merrill, who had served in Brazil and become one of Adelaide’s closest friends, spent the wedding day interpreting for Adelaide as she went through the Logan Temple for the first time. (The wedding photograph, with full identification of those present, is available here. The marriage certificate is here.)
Ross & Adelaide Andra 1965 Christmas Card
That Christmas, Ross and Adelaide sent their wedding photograph to friends in Brazil as a holiday card.
His daughter Brenda captured it simply at the funeral: Ross had “a deep love for Brazil, its people and culture, and especially for his little Brazilian bride.” That love never left him. In his later years, when health prevented the overseas return mission he and Adelaide had always wanted, they served as local service missionaries to the Portuguese- and Spanish-speaking wards of the Salt Lake Valley, driving all around visiting families, making sure they had what they needed.
Ross and Adelaide Andra, SLC home, October 2022
The Working Life
Ross, Adelaide, Brenda Andra – August 1967
The career of Ross Andra resists a single title. High school teacher. Coach. Candyman. Small business owner. Appliance installer. Furniture mover. UPS driver. Medical courier. He was, as his friend Frederick Johnson insisted at the funeral, an entrepreneur — a man who believed in the American dream and in hard work and gumption as its instruments.
As the Candyman, he kept the vending machines stocked in his eldest daughter’s school teachers’ lounge, and he would sometimes appear at recess to distribute candy on the playground, which made Brenda quite popular with her classmates. As a business owner, he often took his son Carlos along to deliver and install appliances and move furniture, with the result that Carlos learned to load a truck with the systematic precision of a Tetris puzzle. He gave his youngest daughter Denise a tutorial in personal finance when she was struggling with debt; she paid everything off.
UPS company newsletter Big Idea, April 1976, Ross Andra is named as one of the drivers who helped get to 1,000 safe driving days
Ross Andra makes comments during breakfast held for drivers at Sambos
The April 1976 edition of the UPS company newsletter Big Idea photographed the Park City, Utah center — first in Utah to reach 1,000 safe driving days — and named Ross Andra in the front row. A separate photograph from the same period shows him standing at a drivers’ breakfast, mid-comment, captioned: “Driver Ross Andra makes comments during breakfast held for drivers at Sambos.” He drove a fully loaded truck the way most people drive a compact car, weaving through traffic with an ease that still astonished Frederick Johnson decades later. Before GPS, he had the entire I-15 corridor memorized. He was the GPS. In his later years, until age 84, he delivered blood and vital organs to medical facilities across Utah, Idaho, and Wyoming. He made people laugh the whole way.
Ross and Adelaide Andra
Ross the Boss
Judy, Dale, Mary, Bill, and Ross Andra, September 1962
Frederick Johnson — known as Freddy, or Frederico — spoke at the funeral. His father Ranley had worked weekends with Ross for years delivering and installing appliances, and when Frederico turned sixteen the interview for joining the operation was brief. “Frederico, you’re sixteen, right?” “Yeah, I’ll be sixteen at the end of —” “Frederico, you’re sixteen.” “Yes.” That was the interview.
Working with Ross, Johnson said, was better than television, even when it was miserable hard labor. His father would come home Saturdays with tears rolling down his face from laughing. The phone would ring — Ross, calling to debrief, mostly to replay the jokes that were played during the day.
Ross was a virtuoso practical joker. He favored ice dropped down the back of your shirt on hot summer deliveries. He perfected the screwdriver dropped at precisely the moment a man was bent double lifting something heavy. For years he carried a novelty ID with Elvis Presley’s photograph and produced it whenever anyone asked for identification — cashier, security guard, TSA agent. “That’s what drugs will do to you.” He once deployed it at a Salt Lake airport checkpoint around September 11th while escorting Johnson to his gate. Johnson nearly missed his plane.
But the parrot story is the finest. Ross’s family had long laughed about his famous account of being called back to the farmhouse by his mother — or so he thought — only to find a chicken calling his name. That story about a chicken that was loud enough and gave a distinct “Rawwwsss” more than once was confused for his mother calling for him. One afternoon, Johnson’s father came home from a delivery unable to speak from laughter. They had delivered a washer and dryer to an elderly woman’s home. Ross was in the basement doing the hookup. There was a parrot. Ross called up the stairs: “Is there a drain down here? We need to drain a little water.” The parrot said: What? Ross tried again. What? Is there a hole where the water goes? What? Ranley, upstairs, was quietly disintegrating and trying to hold in the laughter. Ross, red-faced and fully irritated, eventually came upstairs. When he saw Ranley’s face, he understood he had been duped by a parrot. Ranley laughed about it the whole rest of the day. The story became one of lore.
“It was rare,” Johnson said, “to get one on Ross. He always had the drop on you.” The parrot did it magnificently.
For all his irreverence — and Johnson named it plainly — there was something untouched by it. Ross never swore. He had code words and nicknames. But when it came to his faith and his testimony, Ross was always reverent. Bishop Maxwell put it simply at the close: Ross loved the scriptures. He loved the word of God. He loved Jesus Christ. And he brought that light into everything he did.
The Mission Couple
Ross and Adelaide Andra
Clay Celestino, who served as bishop of the Mountain Shadows Ward, offered a different angle. The Brazilian immigrant wards of Salt Lake City in the early 2010s were large and underserved — hundreds of families struggling with injury, poverty, paperwork, language. The Andras came as service missionaries between 2009 and 2015, and Celestino said plainly they were indispensable.
He remembered a specific night: 22 January 2013, 12:19 a.m. He sent an email. Eight minutes later, Ross replied: “Hi, Bishop. That’s no abuse at all to ask for the things you’re asking. That is the reason why we are serving a mission. We want to help our brothers and sisters the best way we can. Tomorrow I will make a few phone calls and I will provide you with the information you need.”
The list of those they helped, Celestino said, went on and on. And then, at nine in the evening, talking to Ross, you would find out he still had deliveries to make for his other job.
When the Andras were transferred unexpectedly in September 2013, Celestino read at the funeral the farewell letter he had written them at the time. He had copied the entire ward leadership. He thanked Ross for allowing him, as bishop, to concentrate on other responsibilities. “For that I will be eternally grateful to you and to Heavenly Father.” He asked them not to forget the ward. “We will not forget you.”
The Brothers
Bill, Ross, Mary, Dale, Larry Andra – late 1950s
Larry Andra — the last of the twelve, the youngest surviving child of Bill and Mary — gave the family prayer before the service and spoke as one of the main eulogists. He described the family with the dry affection of a man who has lived long enough to be the last one telling the stories.
William Jr. went first among the siblings, in 1992. Then June and Colleen in 1999, Golden in 2004, Sergene in 2013, Donald in 2016, Dale in 2021. At Dale’s funeral in August 2021 — three years before Ross’ — Ross was listed among the honorary pallbearers. By the time Ross died in June 2024, of the twelve children of Bill and Mary Andra, only Larry remained.
Dale’s funeral was held during the week of the annual Andra reunion. Larry noted that was Ross’s last reunion here on Earth. The reunions had been going since the children were young — Preston Fairgrounds, Logan Park, Lava Hot Springs, Wolcott Park by the Minidoka Dam, Richmond City Park, Riverdale, then wherever families could gather. I remember Bill Andra at those reunions. I remember the sly look that sometimes crossed Bill Andra’s face when he was about to tease someone. Ross had inherited that look too. You knew when a tease, joke, or prank was coming by the look on his face.
2010 Reunion: Ross, Donald, Larry, Sergene, Neil Anderson – 2010 Andra Reunion
The Close
I snapped this picture of Ross the last time I visited him, 23 December 2023 at his home.
Bishop Ted Maxwell had only known Ross since the COVID years. What he had seen was enough. In the final months, when Ross could no longer come to church, he called the bishop after every sacrament meeting to report on how it had gone and offer observations. The calls grew shorter, then stopped. Maxwell told himself at first that Ross must be doing better. He knew eventually that wasn’t it.
What Maxwell said at the close was simple and accurate: everyone in that congregation had either been served by Ross or served with him, because that was what his life was. Service. Whether bringing joy or bringing the gospel — it was the same motion, from the same source.
In December 2023, six months before he died, I visited Ross at home. He was lying in bed, largely unable to rise. At one point he reached up and lifted a framed composite portrait — all twelve Andra children, the photograph that had defined the family across seven decades of reunions — and held it up toward the light, pointing at the faces one by one. He knew every one of them.
April 2024, rehabilitation with granddaughter Onyx, after fighting infection – still Ross!
In April 2024, in a rehabilitation facility after fighting an infection, Ross raised both arms in a victory pose for Onyx beside him doing the same. Frederick Johnson had sworn he had only seen Ross lying down twice — that April and on his deathbed. Ross never stopped moving. He never stopped working. He never stopped bringing the light out.
On 20 June 2024, Ross Leslie Andra died peacefully in his Salt Lake City home with his wife Adelaide, his daughter Brenda, and his son Carlos at his side.
The funeral closed with “How Great Thou Art,” sung by Sister Annie Löwenthal. Then the pallbearers — Carlos Andra, Paul Ross, Larry Andra, Frederick Johnson, Tim Andra, Felipe Johnson, and Aron Hsiao — came to the front. The congregation rose. Ross Leslie Andra was carried out into the June light toward Valley View Memorial Park in West Valley City, Utah.
Frederick Johnson, who had lost his own father just two months before, had a last message. “Ross the Boss,” he said, “your life mattered a great deal to us and to me. You will not be forgotten. We’ll keep telling the jokes and passing them on.” Then, more quietly: “Say hi to Dad for me, Ross. Tell him we miss him too.”
Pallbearers at Valley View Memorial Park, West Valley City, Utah 29 June 2024. Brandon Porter, Paul Ross, Tim Andra, Carlos Andra, Felipe Johnson, Fredrick Johnson, Aron Hsiao
Ross is survived by his wife, Adelaide; his daughter Brenda (Layton) Wagner; his son Carlos (Melanie) Andra; his daughter Denise Andra; his grandson Brandon (Danika) Porter; his granddaughter Onyx Andra; his great-grandchildren Tilia, Zeke, and Sevi Porter; and his brother Larry (Barbara) Andra.
The full funeral service for Ross Leslie Andra, held 29 June 2024 at the Cannon Ninth Ward in Salt Lake City, was livestreamed and remains available to view at https://www.youtube.com/watch?v=y1qDOIbls5Q.
Note: This transcript was generated from auto-captions and has been edited for readability. Musical interludes, unintelligible passages, and pre-service ambient audio have been omitted or noted. Speaker attributions are based on self-introduction within the service.
Opening of Service
Conducting — Bishop Ted Maxwell
You may be seated. Welcome, everyone, this morning to the funeral for Ross Andra. My name is Ted Maxwell; I’m the bishop of the Cannon Ninth Ward, where the Andras have been living. I’ll be conducting today. On the stand we have President Ingersol from our stake, who is presiding. We’re so grateful to have you all here on this fine, wonderful morning to celebrate the life of Ross Leslie Andra.
We will begin by singing ‘I Believe in Christ,’ Hymn Number 134. Our pianist will be Arlene Lenthal, and the chorister will be Anda, an in-law. After which we will have an invocation by Carlos Andra, Ross’s son.
[Congregation sings “I Believe in Christ,” Hymn No. 134]
Invocation
Carlos Andra (son of Ross Andra)
Let’s bow our heads.
Our Father in Heaven, this morning we open the service with your words: “And the Lord God formed man from the dust of the ground and breathed into his nostrils the breath of life; man became a living being.”
You formed a man, and his name was Ross Leslie Andra. We thank you, Father, that we can all be here gathered together. We invite your Holy Spirit into this place in which we reflect and honor the life of my earthly father, Ross.
I ask you, Holy Spirit, to stir in the hearts of each person taking time out of the breath of their lives to come reflect and remember the impact that was made by you through this husband, father, brother, uncle, cousin, and friend.
Yea, though we walk through the valley of the shadow of death, we will fear no evil, for you are with us; your rod and your staff, they comfort us. You are Holy God; you are so loving. We love you and we thank you for your presence. We dedicate this time to let your Holy Spirit direct our time together to honor your servant, Ross Leslie Andra. In Jesus’ name, amen.
Amen.
Order of Service — Announced by Bishop Maxwell
We will begin the service with a musical number titled “My Testimony,” which will be performed by Sister Bastos and Arlene Lenthal. After which we will hear from — oh, I skipped something. I’m sorry, let’s back up. We’ll start by hearing the obituary read by Brenda Wagner, who is Ross’s daughter. After which we’ll hear from Larry Andra, who was Ross’s brother. Then we will have a musical number, “My Testimony,” performed by Sister Bastos and Arlene Lenthal, and after that we’ll hear from Frederick Johnson, who is a family friend. Closing for us will be President Clay Celestino from the Mountain Shadows Stake.
Obituary
Read by Brenda Wagner (daughter of Ross Andra)
Oh gosh — thank you so much for being here for my father and my family, my mom, everyone.
So — Ross. Now, if my eyes start watering it’s because it’s sweaty and hot outside, so that’s why.
Ross Leslie Andra, my father. At age 87, he returned to his Father in Heaven, which was on 20 June 2024. He passed with dignity and peacefully in his Salt Lake City home, with his wife Adeli, daughter Brenda, and son Carlos at his side.
Ross was born on 2 December 1936 in Preston, Idaho, to German immigrant William Frederick Andra and Mary Louise Wer— [you never know how to say that]. He grew up on a large family farm with four sisters and seven brothers.
Ross graduated from Preston High School in 1955 and then went on to attend Utah State Agriculture College — now Utah State University — for two years. Ross worked in construction with a couple of his brothers on the St. Lawrence Seaway project in Messina, New York, between February and December 1957.
He served a mission to Brazil for the Church of Jesus Christ of Latter-day Saints between 1957 and 1959, where he met his sweetheart, Adeli Gonzalez Cararu. They married in the Logan Temple on 14 June 1963. Ross had a deep love for Brazil, its people and culture, and especially for his little Brazilian bride.
After his mission to Brazil, Ross attended Brigham Young University in Provo, Utah, where he studied political science, speech education, and Portuguese. He graduated with a Bachelor of Arts from BYU in 1964 and remained one of their biggest fans right up to the end, watching games and sporting a BYU ball cap everywhere he went.
Ross instilled a strong work ethic into his children. As a servant leader, Ross served his family by example and by teaching his kids how to help Mom with household tasks. He modeled Ephesians 5:25 very well: “Husbands, love your wives, just as Christ also loved the church and gave himself for her.” Ross always made sure everyone was comfortable and that they had what they needed.
Ross loved to make people laugh, and he had a keen gift for engaging strangers with quick-witted quips. He spread many smiles and laughter across this planet.
Ross was a hard worker, and his career life spanned over various areas: from high school teacher, coach, Candyman, small business owner, appliance installer, and furniture mover to a medical career. He held unique skills and talents and applied them well throughout his life and service to others. He maintained a missionary mindset throughout his whole career.
As Candyman, Ross would fill the vending machines in the teachers’ lounge at his eldest daughter’s elementary school — me — and often he would show up during recess and pass out candy on the playground, which made his daughter Brenda — me — quite popular with her friends.
As a business owner, Ross would often take his son Carlos to work with him to deliver and install appliances and move furniture. As a result, Carlos learned to efficiently pack a moving truck like a Tetris puzzle.
Ross loved tomatoes. He would plant them anywhere he could find a plot of dirt — it could be this big, that big. His youngest daughter Denise worked hard to clear space in the backyard for a family garden so Ross could have his tomatoes.
At another point in life, when Denise found herself facing some debt, Ross sat down with her and taught her some financial principles, which she applied and was able to persevere in paying off all her debts in no time at all.
Ross was a faithful servant. With Adeli as his companion, Ross served locally as a service missionary with the Portuguese- and Spanish-speaking wards between 2009 and 2015. Together they drove all around the Salt Lake Valley visiting with families and making sure they had the resources that they needed.
Ross and Adeli had a deep desire to return to an overseas mission in Brazil, but due to health concerns they could not go. Instead they fulfilled that desire by serving the Brazilian people locally.
In his latter years, until age 84, Ross delivered blood and vital organs to various medical locations spanning Utah, Idaho, and Wyoming — and as always, he made people laugh along the way.
We kids heard many stories from Dad about growing up on the family farm — like the time he was called back to the house by his mom only to discover that it was a chicken calling out “Ross,” or the time when Ross and his brothers tied a cow to their math teacher’s front door. With multiple brothers, you can imagine the pranks that were played on and with each other.
Dad, we miss your John Wayne toughness, your Popeye strength, and your cheesy dad jokes. You were a missionary for Christ until the end. “Well done, thou good and faithful servant; thou hast been faithful over a few things, I will make thee ruler over many things; enter thou into the joy of the Lord” (Matthew 25:21). Ross has now entered the joy of his Lord.
We love you, Daddy.
Remarks
Larry Andra (brother of Ross Andra)
My name is Larry Andra. I’m the last of twelve. Ross would say, “I’m the last of the Mohicans.”
Ross was always saying to each person he had a nickname — like “teddy bear.” His kids called him Tom the Piper’s Son. And one nephew — it probably best they called him ‘Funkle’ — the funny uncle.
He lacked no jokes. He was likeable and really witty. Others said he loved to joke around with people. I always called him the numbers jokester. And I really didn’t understand when he talked to me — he knew Brazil too much; he forgot that I couldn’t understand the jokes.
Ross never did anything outside the church standards. My parents never had to worry about Ross. He had a little brother to do that.
Our father came from Germany, as mentioned before. Within a couple of months after being baptized, he came alone because he was eleven years old — at twelve you pay full price; at eleven you pay a high price. He got lost, so they came looking for him, and that’s where the twelve came in. He ended up with the missionary that baptized him going to his farm and marrying his daughter, and they had twelve children.
This week is the Andra reunion, which we’ve had — I think this is Ross’s last one here on Earth.
Death is just as important in the welfare of man as is birth. There is no greater blessing that can come than the blessing of birth. One-third of the host of heaven, because of rebellion, were denied that privilege and hence had no bodies of flesh and bone — which is the gift of God. But who would like to live forever in this world filled with pain, decay, sorrow, and tribulation — grow old and infirm and yet remain? I think all of us, if the proposition were placed before them, would not want life of that nature. We would reject it.
But death is just as important in the Plan of Salvation as birth is. We have to die. It is essential. Death comes into the world and fulfills the merciful plan of our great Creator.
Let’s talk a minute about what happens when one passes on. However painful the moment of death is physically, it is spiritually one of the most exciting and joyful moments of eternity. It’s like opening the door of a dark room — one who dies emerges into the light of the spirit world, where there will be friends and family waiting to greet him. There is no special period known to man in which they experience so much joy as when they pass through the portals of death and enter into a glorious change in the spirit world.
Death is not extinguishing the light; it is putting out the lamp — and then dawn comes.
When someone dies, it is like a beautiful lagoon. On a clear day a fine sailing ship spreads its mast and its canvas in a fresh morning breeze on the deep blue, and gradually we see her grow smaller and smaller as she nears the horizon and someone says, “There she goes — gone.” But you can be sure that on the other shore someone says, “There she comes!”
While we’re mourning the loss of Ross, others are rejoicing to meet him behind the veil. Ross has joined Mother, Dad, June, William, Colleen, Millie, Golden, Serene, Donald, Dale, Robert, Dennis, and others.
Steve Jobs was a billionaire worth $7 billion at age 56. Lying on his deathbed sick with pancreatic cancer, he said: “All my life I have recognized wealth, but all that I had was meaningless in the face of human death. You can find someone to drive a car for you, but you cannot hire someone to carry the disease for you.”
As we get older we grow smarter and slowly realize: a watch worth $30 and a watch worth $300 both show the same time. Whether we drive a car worth $150,000 or $2,000, the road and the distance are the same; we reach the same destination. If we drink a bottle of wine worth $300 or wine worth $10, we’re still drunk.
There are five undeniable facets: Do not educate your children to be rich; educate them to be happy, so when they grow up they will know the value of things, not the price. Eat your food as medicine; otherwise you eat your medicine as food. Whoever loves you and never leaves you, even if he or she has a hundred reasons to give up, will always find one reason to hold on. There is a big difference in being human. If you want to go fast, go alone — but if you want to go far, go together.
I really believe that Ross embodied what Steve Jobs was saying here — they went together.
Albert Einstein said: “Do you realize how important you truly are? Look around — who are you influencing, motivating, teaching, or inspiring? Some of the greatest souls who have ever lived will never appear in the chronicles of history. They are the great ones who spend every day of their lives serving and doing good.” Albert Einstein also said: “Try not to become a person of success, but a person of value.”
Thank you for the service you are willing to give to your families, your friends, neighbors, and community. Every great dream begins with a dreamer; always remember you have within you the strength, the patience, and the passion to reach for the stars and change the world. You are the difference — make it happen.
[Larry then shared a story about a woman whose car was stuck in the snow in a foreign country. A man came with a mule and attempted to pull her out. Before having the mule try again, the man yelled, “Let’s go, Bob! Tom! John! Lance!” — and the mule pulled the car out. When the woman asked why he called the mule different names, the man said, “Madam, my mule is blind. I wanted him to think he wasn’t pulling the car out alone.”]
People in this congregation — Adelaide needs you next to her, pulling and pushing for her. Adelaide’s happiness will return, her former capabilities will be restored, light will replace darkness, despair will give way to hope and life and will regain its meaning — but only through service. Neighbors, friends, relatives, family, and those who are in attendance here: Bishop and Friends, Adelaide does not need to be preached to, but she needs a void filled. Bless her and be of service to her, as the Savior asks of us, and I promise you that you will be blessed. I say this in the name of Jesus Christ. Amen.
Amen.
[Musical number: “My Testimony,” performed by Sister Bastos and Arlene Lenthal]
Remarks
Frederick Johnson (family friend)
My name is Frederick Johnson — Todd Elijah. I’m known as Freddy; the full version is Frederico.
Like many, the summer I turned 16 I got my first job, and it was delivering household appliances with “the Boss.” The interview went something like this: “Frederico, you’re 16, right?” And I said, “Oh yeah, I’ll be 16 at the end of —” “Frederico, you’re 16.” “Yes.” And that was my interview. But admittedly it was essentially nepotism.
As long as I could remember, my dad — Ranley Johnson — had been moonlighting on weekends with Ross. As far as I’m concerned, they were the first and only two men in a truck there ever were.
Ross, like my father, had served a mission in Brazil and married a Brazilian. In the ‘80s, all these mixed families — nowadays the church and the Brazilian community in the Salt Lake Valley has become tremendous. But when I was a little child, and when Carlos and Brenda and their little sister Denise were young, we all kind of knew each other more or less. At conference time we went to reunions together. The connection goes back even further than that — about a decade before my mother first came to the United States. My mother, Louisa Coa Johnson, came to the US in the 1970s. Adeli had served in the tiny branch of Beloni, Brazil, where my mother, my aunt, and grandmother were new converts to the church. So as I say, it was basically nepotism.
I swear, Ross the Boss Andra was the strongest man I ever knew. Thirty years my senior, he had more stamina and strength in his late fifties than I could muster at his side as a six-foot-one man in my prime. He was compact and he looked powerful to me. He not only looked and sounded like Popeye — he even talked like Popeye. Except instead of eating spinach, I think where he got his strength was from eating tomatoes.
Ross’s strength was legendary. In fact, Ross wasn’t only strong — he was an irresistible force. My dad told stories of seeing Ross pick up a Ford Pinto by its bumper to make room for the truck to pass. And I don’t doubt it.
Now, Ross, when I knew him, could sometimes come across as a little unsophisticated. But anyone who knew Ross at all knew that to dismiss Ross the Boss as a blue-collar East Idaho farm-boy country bumpkin was making a grave mistake. Ross was intelligent, well-traveled, and educated, and he did not suffer fools or foolishness.
When I was still a teenager, we were working, delivering appliances. There was another man who worked with Ross who was actually a bit more unsophisticated — I wonder if Carlos remembers Joe Yanger. The way I remember the guy: he was big and coarse, had bad Marine Corps tattoos on his arms, and talked kind of low. I couldn’t understand a word he said except swear words. He was strong as an ox and probably about as sophisticated as one, if you take my meaning.
Anyway, one day Ross tells me: “Joe Yanger got hurt.” “What happened, Ross?” “I dropped a piano on his head.” They were moving a piano, and Joe was at one end coming down the ramp. Ross said, “Joe, are you ready?” Well, Ross didn’t know if he was ready or not — so he let go of the piano. Joe Yanger ended up with some stitches in the back of his head. I don’t think it made any difference to how Joe Yanger spoke or how well Ross could understand him.
Also, I want to emphasize — and if you get a chance, read again the beautiful obituary that Ross’s family put together — Ross was not a blue-collar guy with a truck, and he certainly did not see himself that way. Ross Andra was an entrepreneur. He firmly believed in the American dream, in hard work and gumption as the way to get ahead, and that’s what he did — whether it was filling candy machines, moving vending machines, delivering appliances, or contracting his truck out as a mover. Ross believed he was an entrepreneur, and he was.
In a world where hard work and gumption were enough, Ross would have been a financially wealthy man many times over, because I also don’t know anyone who worked as hard as Ross. That’s why most of my memories are from working with him — or working with my dad and Ross the Boss — because he was always working. In fact, I swear I’ve only seen Ross lying down twice: the first time was in April, when he was in rehab after fighting an infection, and the second time was on his deathbed. Ross never stopped moving and never stopped working, and he had lots of gumption.
Now, the work that we did with Ross was, as you can imagine, physical — hard work. But Dad would come home laughing. There was always this interesting other thing about working with Ross the Boss: there would be some kind of debriefing. He’d wait long enough for you to get home, the phone would ring, and he would call — mostly I think to go over the jokes he had played on you and laugh about them again.
My memory of even Dad working with Ross is Dad coming home, the phone ringing, and then Dad laughing. Or Dad coming home — I even remember him opening the door with tears rolling down his eyes, just couldn’t stop laughing. When I worked with both of them, it was better than television, because my dad was a wise guy in his own way and the two of them together could be very entertaining.
My mom even thought: “This isn’t fair — I’m home with the kids every Saturday and you’re off having fun with Ross.” But it was hard work, and with anyone else it would have been miserable. We enjoyed working with Ross, and we all worked with Ross. My brother Felipe worked with Ross; my friend Giorgino Brown, another one of these families that’s half American, half Brazilian here in Utah; my cousin visiting one summer from New York worked with Ross one day — and Ross made an impression on everybody. It was fun, even though it was miserable hard work.
A lot of this is because Ross was a virtuoso practical joker. One of his favorite things — if we were working in the summertime — was to drop ice down your shirt. Even worse than that: when we did deliveries we had shirts that said “DPEC” on them — short for Delivery Specialist, which made it sound kind of exciting and sexy. They always seemed like they were a size too small or too short, so Ross had a knack — one of his favorite things was to take advantage of you when you were bending down picking up something really heavy and that shirt rode up. Without saying a word, Ross would just drop a screwdriver down there right when you were really going. He would just chuckle. And of course at the end of the day he’d call and say, “Hey, do you remember when I dropped that? That was good.”
For years he had a novelty ID with Elvis Presley’s picture on it, and anytime someone asked him for his ID he’d show that — it didn’t matter who they were. They’d look at it and go, “Huh?” And he’d say, “That’s what drugs will do to you.”
One time, around September 11th — I was living in New York, but every time I’d come back to town Ross would say, “Frederico, do you want to go to work?” I’d work with them even for just one day. This time he offered to take me to the airport, because Ross was always on the road — always driving a truck, delivering furniture, delivering appliances, or delivering medical equipment. So he was happy to go. We go up, and I was the one who needed to show my ID. Ross comes up, already ready, and this TSA agent — some people go, “Huh? What? You already — what drugs will do to you.” And here I am thinking, ‘Oh no. I’m not going to make my flight. They’re going to take me to the back and interrogate me.’ That was one time where the person didn’t even blink. Ross would say something like, “I’m better looking now, aren’t I?”
It was rare to get one up on Ross — he always had the drop on you. But here’s one of the most famous stories: the parrot story.
[Freddy describes the chicken story from the obituary — the time on the farm when Ross thought his mom was calling him, only to find a chicken mimicking her voice. One day, while delivering a washer and dryer to a customer’s home, Ross was working in the basement and noticed a parrot. Ross called up the stairs, “Is there a drain down here? We need to drain a little water.” The parrot replied, “What?” Ross, thinking it was the elderly owner upstairs, kept asking. Each time — “Is there a hole in the ground where the water drains?” — the parrot answered, “What?” Freddy’s father, upstairs, realized what was happening and nearly collapsed laughing. When Ross finally came up and figured it out, Freddy’s dad laughed about it the whole rest of the day. Freddy’s father had been waiting for years to get something on Ross, and the parrot delivered it.]
Ross could move a fully loaded truck like it was a subcompact car — weaving in and out of traffic. Before GPS existed, he knew the entire I-15 corridor in Utah. He was the GPS.
Ross could sometimes seem a bit irreverent — he had code words, let’s say. Ross never swore, but he might include swear words in code names and nicknames he gave to things. But when it came to his faith, his belief, and his testimony of the church, Ross was always reverent. He wasn’t serious all the time — he was still joking — but Ross was reverent, and I always knew that.
I can say honestly that Ross was a big part of my entire life. Even when I’ve lived out of state for most of the last thirty years, he would call me every once in a while to check on me. I began to worry about a year ago when the phone calls started getting shorter — because normally I’d set aside 45 minutes or an hour, because we’d have to retell all the stories about every time he dropped a screwdriver down — anyway. He’d say, “Remember when I did that, and then your dad did this.”
I just want to finish by saying — and if I do get a little emotional, it’s not because it’s hot; it’s because I’m kind of that way — Ross, to me, always was and will be bigger than life. Ross the Boss, I want to say to you that your life mattered a great deal to us and to me. I love you and your family, and how close our families have been. Your life mattered, and you will not be forgotten. You will be with us and within us, and we’ll keep telling the jokes and passing them on. We love you and we bid you farewell — but only until we meet again.
My own dad preceded Ross to the great beyond just a couple of months ago. So I personally have to say: say hi to Dad for me, Ross. Tell him we miss him too, and that we love him. Thank you.
Remarks
President Clay Celestino (former Bishop, Mountain Shadows Ward)
Brothers and sisters, my name is Clay Celestino. I served as a bishop in the Mountain Shadows Ward at the time the Andras — that’s how we pronounce their name in Portuguese, and that’s how I’m going to refer to them — were serving in our ward. On behalf of all the Brazilians — mostly Brazilians — who were part of the Winter Ward branch and the Mountain Shadows Ward, I wanted to express our deepest gratitude to this couple.
The first thing anyone would see when they met them was that big smile, and sometimes a joke. It was not hard to love them. Truly, their lives represented the love of our Savior Jesus Christ to us. With hundreds of immigrants from Brazil, the Andras represented arms of salvation, of service — hearts that were willing to bring consolation in times of distress. They were deeply engaged in serving their neighbors because of their love for our Heavenly Father and their genuine love towards anyone around them.
As bishops, we had hundreds of active members coming to our meetings every Sunday, and there was a great need for members who could assist us in lightening the burdens of those Brazilian immigrants. At any time that I needed help, the Andras were there.
I remember one day — I even have the date here — it was 22 January 2013. I sent a quick email to the Andras at 12:19 a.m., past midnight. Eight minutes later, I got a response. I didn’t want to abuse their goodwill and their desire to help others, but this is the response I got:
“Hi, Bishop. That’s no abuse at all to ask for the things you’re asking. That is the reason why we are serving a mission. We want to help our brothers and sisters the best way we can. Tomorrow I will make a few phone calls and I will provide you with the information you need.”
There were people who were unable to work because they were injured and needed help to find a doctor. There were young men who needed their dental and medical paperwork taken care of so they could submit their papers to go on a mission. There were people who needed resources from the community because they were unable to provide for themselves — people transitioning from another culture and trying to get established in this country — and they were assisted by the Andras. The list goes on and on.
And then at 9:00 p.m., talking to Ross, you would find out that he would still have to run some errands, make some deliveries, because of his other side job.
We don’t have much time, but I just wanted to express our deepest gratitude to Brother Andra. When we got the news that they were going to be transferred from our ward — initially we thought they were concluding their mission in November of 2013 — and then in September, two months prior to that date, we were surprised with the news that they were being transferred to the Winter Ward, where they actually stayed. They didn’t finish their mission there; they actually stayed for quite some time.
When I found out, I wrote this email to them, and I think it’s very fitting that I can share it now to conclude these brief words:
“Dear Sister Andra and Brother Andra — in this email I copied the entire leadership of the ward: I am saddened by the news of your sudden departure, as we are today, mainly in our community when we found out that Ross had passed on. I believe our ward leaders and members will feel as surprised and astonished as I do. While your transfer will truly bless and benefit our brothers and sisters in the Winter 17th Branch, I know our ward will deeply miss you. On behalf of all ward members and leaders, I would like to thank you for your dedication, love, and service. I have been a witness of how you have touched the lives of our members in many different ways and how your service has helped me, and allowed me in particular to concentrate on other areas of my responsibilities as a bishop — and for that I will be eternally grateful to you and to Heavenly Father. Thank you for your love for Heavenly Father, for responding to the call to serve, and for showing your love to and for our members. Hopefully as your mission ends, you will return to visit us. Please do not forget us — we will not forget you. We will announce your transfer in sacrament meeting tomorrow. Sincerely, Bishop Clay.”
Brothers and sisters, there are many tragedies around us as we hear about tragedies happening worldwide. Many of us, if not all of us, have somehow faced tragedies in our own lives. In fact, in this congregation right now there may be some who are needing a helping hand — some who may be struggling with illness, financial problems, family issues, health, and all sorts of challenges, mental illness. Sister Andra will need some support — I know that — and I’m very grateful for the support you have already extended to her during this time.
But may we honor the life of our dear Brother Andra by trying to emulate the works of Christ: being a little bit kinder, helping one another, finding time to serve, and extending that love that comes from our Heavenly Father which he has for each one of us. We are his arms; we are his hands. Ross Andra represented that very well.
I know that we will meet again, and that is the beauty of this gospel — death is not the end. We will meet again. May the love of our Heavenly Father be with each one of you as you strive to follow in the footsteps of his Son, our dear Savior Jesus Christ. In the name of Jesus Christ. Amen.
Amen.
Closing Remarks
Bishop Ted Maxwell
You know, right before I close I just want to say a word or two. In the last few months Ross had not been able to come to church because he’s been stuck at home. But initially I know he really wanted to be there, because he called me after church every Sunday and let me know how church went and gave me advice for the future. It was always really great to hear from him. As his calls dropped off I knew things were — at first I thought we were just doing better, but then I realized maybe that wasn’t the truth.
I think that’s the one thing I loved about Ross: everyone in this audience has either been served by him or served with him, because that’s what his life was — it was service. Whether it was just bringing joy or bringing the gospel, that has always been one of my great joys, getting to know him these last few years, although I’ve only known him since COVID, so I missed out on some of the really fun stuff, it sounds like.
I know the one thing Ross loved was the scriptures. He loved the word of God, and he loved Jesus Christ, and he brought that light out in everything he did.
When I think about the joy that Jesus shared with his apostles right before he died on the cross, he said: “Let not your hearts be troubled; believe in God, believe also in me. In my Father’s house are many rooms, and I go to prepare a place for you. I will come again and will take you to myself, so that where I am, ye may be also — and you know the way to where I’m going.”
It is my testimony that Ross knew the way to where Christ is — that we will see him again — and it will be in the mansions of our Heavenly Father, in that place that Christ prepared for us through his sacrifice. It is my testimony that we will see each other again, and that through the grace of Jesus Christ we may all be relieved of all those burdens that we suffer from daily — and that in those burdens we might have joy, the way that we saw our brother Andra in his life. I say that in the name of Jesus Christ. Amen.
Amen.
Closing Announcements — Bishop Maxwell
Let’s close our meeting now. We will — no, we won’t sing — we will listen to a musical number by Sister Annie Lenthal, “How Great Thou Art,” after which Paul Ross, who is Ross’s nephew, will give us the benediction. After that we’d ask the pallbearers to come up, and we’ll escort the body to the graveside, where we will reconvene.
[Musical number: “How Great Thou Art,” performed by Sister Annie Lenthal]
Benediction
Paul Ross (nephew of Ross Andra)
Our Father in Heaven, we thank thee. We thank thee for thy Son, Jesus Christ. We thank thee for this world and that we have the privilege of coming here and gaining our bodies, of learning faith and love, and of thy Savior, thy Son, and all that he has given for us, and thy love.
We thank thee for Ross Andra — his example, his good parents, and his family. We thank thee for his wit, his grit, his stature, his faithfulness, and his example. He had thy Son’s countenance with him in work and in sadness and in joy. We are grateful for him. We’re grateful for Adeli and their sweet family.
We ask thee this day that thy Spirit will continue with us. Help us to continue to feel the joy and the balm of thy Spirit, even in our sadness. We thank thee for the Atonement of Jesus Christ and the knowledge of the eternal realms that come for all of us, and what still lies in store for us. But until then, that we can have peace and serve in thy name.
And that of thy Son, dismiss us this day with safety to the cemetery and love and adoration for one another and for thee. We pray in the name of Jesus Christ. Amen.
Amen.
[Pallbearers assemble; congregation rises; body is escorted to Valley View Memorial Park, West Valley City, Utah for interment]
A. This chapter shall supplement the regulations set forth in Idaho Code Title 23. In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.
B. The provisions of this article shall apply to the entirety of this chapter, unless stated otherwise.
C. This chapter shall not apply to liquor stores regulated by the State of Idaho. (Ord. 2026-6, 5 May 2026)
4-1-2: DEFINITIONS:
Certain terms used in this Chapter shall have the meanings ascribed below:
ALCOHOL BEVERAGE CATERING PERMIT: The same as defined in Idaho Code 23-934A, as may be amended from time to time.
BAR: An establishment with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, including wineries and breweries, that does not qualify as a restaurant, as defined in this chapter.
BEER: The same as defined in Idaho Code 23-1001, as may be amended from time to time.
BAR PATIO: An outdoor area subordinate, accessory, and adjacent to a bar where, in addition to being served within the bar, beer, wine, and/or liquor by the drink may be consumed. A bar patio is distinct from a restaurant patio, as defined within this chapter.
BUILDING OFFICIAL: Minidoka County Building Official or designee.
BUILDING LICENSING COORDINATOR: Minidoka County Building Official or designee.
COMMUNITY DEVELOPMENT DIRECTOR: The Mayor of the City of Minidoka or designee.
CONVENTION: The same as defined in Idaho Code 23-902, as may be amended from time to time.
FESTIVAL: The same as defined in Idaho Code 23-902, as may be amended from time to time.
FIRE CHIEF: Minidoka County Fire Protection District Chief or designee.
LICENSEE: Any person, corporation, partnership, organization, or other entity to which a license has been issued by the City pursuant to this chapter.
LIQUOR: The same as defined in Idaho Code 23-902, as may be amended from time to time.
LIQUOR-BY-THE-DRINK LICENSE: A license issued by the City to sell and serve liquor by the individual drink for consumption on the premises.
PARTY: The same as defined in Idaho Code 23-902, as may be amended from time to time.
PREMISES: All lands, structures, places, equipment, and appurtenances connected or used therewith, whether privately or publicly owned, and including any personal property or vehicle on said premises.
RESTAURANT: An establishment where food and drink are prepared, served, and consumed primarily within the principal building where there may or may not exist alcohol licensed service, and where food and non-alcoholic beverages account for at least sixty percent (60%) of the gross retail sales.
RESTAURANT PATIO: An area subordinate, accessory, and adjacent to a restaurant where food and drink are served. A restaurant patio is distinct from a bar patio, as defined within this chapter.
RETAIL WINE LICENSE: A license issued by the City to sell wine in its original, unopened container at retail for consumption off the premises.
RETAIL BEER OFF-PREMISES LICENSE: A license issued by the City to sell beer in its original, unopened container at retail for consumption off the premises.
RETAIL BEER ON-PREMISES LICENSE: A license issued by the City to sell and serve beer by the individual glass, can, or bottle for consumption on the premises.
SHERIFF: The Minidoka County Sheriff or designee.
WINE: The same as defined in Idaho Code 23-1303, as may be amended from time to time.
WINE-BY-THE-DRINK LICENSE: A license issued by the City to sell and serve wine by the individual glass or by the bottle for consumption on the premises. (Ord. 2026-6, 5 May 2026)
4-1-3: LICENSE OR PERMIT REQUIRED; LICENSED PREMISES; DISPLAY MANDATORY:
A. It shall be unlawful to sell: a) beer within the City without a retail beer off-premises license or retail beer on-premises license; b) wine within the City without a retail wine license or wine-by-the-drink license, unless pursuant to a wine sponsored event as set forth in Idaho Code 23-1338, as may be amended from time to time; and c) liquor by the drink within the City without a liquor-by-the-drink license. A business license issued by the City pursuant to City code shall not be required if wine is sold within the City pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.
B. It shall be unlawful to serve and/or sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time. It shall also be unlawful to sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is not open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.
C. A license or permit issued pursuant to this chapter shall a) only be valid for the premises covered by such license or permit, and b) be posted and displayed in a conspicuous place within the premises covered by such license or permit. (Ord. 2026-6, 5 May 2026)
4-1-4: AGE OF APPLICANTS:
Unless otherwise provided by law, applicants for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, liquor-by-the-drink license, or alcohol beverage catering permit shall be at least twenty-one (21) years of age. (Ord. 2026-6, 5 May 2026)
4-1-5: TRANSFERS:
A retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original license and subject to a fee, as set by resolution of the City Council. A bar patio or restaurant patio approval may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original approval. (Ord. 2026-6, 5 May 2026)
4-1-6: CONSUMPTION AND OPEN CONTAINER IN PUBLIC PLACES:
No person shall consume any beer, wine, liquor, or any other alcoholic beverage or have in his or her possession any open containers or receptacles containing any beer, wine, liquor, or any other alcoholic beverage on any public parks, grounds, streets, alleys, sidewalks, or rights-of-way, or on privately owned parking lots open to the public within the City, or at any other place therein, unless pursuant to a valid license or permit issued pursuant to City Code. (Ord. 2026-6, 5 May 2026)
4-1-7: APPROVAL REQUIRED FOR SERVING AND/OR SELLING OUTSIDE PREMISES:
It shall be unlawful for a person or business to serve and/or sell beer, wine, or liquor by the drink at any place outside of premises with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, unless:
A. With approval from the City for a restaurant patio;
B. With approval from the City for a bar patio; or
C. Pursuant to an alcohol beverage catering permit issued by the City. (Ord. 2026-6, 5 May 2026)
4-1-8: OUTDOOR CONSUMPTION OF BEER, WINE, OR LIQUOR AT A LICENSED RETAIL ESTABLISHMENT PROHIBITED:
The outdoor consumption of beer, wine, or liquor purchased at an establishment with a retail beer on-premises license, wine-by-the-drink license and/or liquor-by-the-drink license shall be prohibited; provided, however, that an on-site, outdoor consumption of beer, wine, or liquor may be permitted within a restaurant patio or bar patio or pursuant to an alcohol beverage catering permit issued by the City, meeting the criteria and conditions as provided hereafter and upon receiving approval from the City. (Ord. 2026-6, 5 May 2026)
4-1-9: PENALTY:
Unless otherwise provided by law, a person or entity found to be in violation of this chapter shall be guilty of a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail for not more than six (6) months, or both.
4-1-10: SEVERABILITY:
If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. 2026-6, 5 May 2026)
ARTICLE II – BEER AND WINE
4-1-11: APPLICATION FOR LICENSE OR RENEWAL; FEE:
A. An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Minidoka County and the Idaho State Police.
B. An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, shall be accompanied by a fee, as set by resolution of the City Council.
C. Upon receipt by the City Clerk of a completed application and fee for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the City Clerk shall create a file for the application.
D. Recommendations on an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be solicited from the Sheriff and Fire Chief, which recommendations may include conditions to ensure public safety. The City Clerk shall approve or deny an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof within twenty-one (21) calendar days of the City Clerk receipt of a completed application and fee, in accordance with Idaho Code 23-1016 and 23-1318, as applicable and as amended from time to time.
E. If the City Clerk denies an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the City Clerk shall explain the following in writing:
1. Statutes, ordinances, and standards used in evaluating the application,
2. Reasons for denial, and
3. The actions, if any, that the applicant could take to obtain the retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof.
Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such a denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the US mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)
4-1-12: APPEALS:
A. An applicant aggrieved by a written denial of the City Clerk may appeal such written denial to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) calendar days of receipt of such written denial, in accordance with Idaho Code 23-1016, as applicable and as amended from time to time. The notice of appeal shall specify the grounds for appeal.
B. If an appeal is not filed within fifteen (15) calendar days of receipt of the City Clerk’s written denial, then the City Clerk’s written denial shall be final.
C. The City Council shall hold a hearing on the appeal within thirty (30) calendar days of receipt of the notice of appeal. The appellant shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply.
D. The City Council shall issue a written decision within twenty (20) calendar days after the hearing. The City Council may affirm, reverse, or modify the City Clerk’s denial. The City Council’s decision shall be final.
E. An applicant aggrieved by a final decision of the City Council is entitled to judicial review only as provided by law. (Ord. 2026-6, 5 May 2026)
4-1-13: LICENSE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL:
A. In accordance with Idaho Code 23-1042, as may be amended from time to time:
1. The City Clerk shall have the same powers to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license as are granted to the director of the Idaho State Police; and
2. The City Clerk’s determination to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be upon the same grounds set forth in Idaho Code 23-1037, as may be amended from time-to-time, and/or that the licensee violated this chapter.
B. The procedure to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be governed by Idaho Code 23-1042 and other applicable provisions set forth in Idaho Code Title 23, Chapter 10, as may be amended from time to time.
C. A person or entity whose retail beer off-premises license, retail beer on-premises license, retail wine license, and/or wine-by-the-drink license was revoked or suspended shall immediately surrender such license(s) to the City Clerk. (Ord. 2026-6, 5 May 2026)
4-1-14: HOURS OF SALE:
Beer and wine may be sold pursuant to a retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license, as applicable, until one o’clock (1:00) a.m. within the City, in accordance with Idaho Code 23-1012 and 23-1318, as applicable and as amended from time to time. (Ord. 2026-6, 5 May 2026)
4-1-15: CHURCHES AND SCHOOLS:
A retail beer on-premises license or wine-by-the-drink license shall not be issued for any place where beer or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the City Council. (Ord. 2026-6, 5 May 2026)
ARTICLE III – LIQUOR-BY-THE-DRINK
4-1-16: APPLICATION FOR LICENSE OR RENEWAL; FEE:
A. An application for a liquor-by-the-drink license or renewal thereof shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Minidoka County and the Idaho State Police.
B. An application for a liquor-by-the-drink license or renewal thereof shall be accompanied by a fee, as set by resolution of the City Council.
C. Upon receipt by the City Clerk of a completed application and fee for a liquor-by-the-drink license or renewal thereof, the City Clerk shall create a file for the application.
D. The City Clerk shall:
1. Solicit recommendations on an application for a liquor-by-the-drink license or renewal thereof from the Sheriff and Fire Chief, which recommendations may include conditions to ensure public safety; and
2. Schedule the application for consideration by the City Council.
E. The City Council shall approve or deny an application for a liquor-by-the-drink license or renewal thereof within forty-five (45) calendar days of the City Clerk’s receipt of a completed application and fee.
F. If the City Council denies an application for a liquor-by-the-drink license the City Council shall explain the following in writing:
1. Statutes, ordinances, and standards used in evaluating the application,
2. Reasons for denial, and
3. The actions, if any, that the applicant could take to obtain the liquor-by-the-drink license, or renewal thereof.
G. The City Council’s decision on an application for a liquor-by-the-drink license or renewal thereof shall be final. (Ord. 2026-6, 5 May 2026)
4-1-17: LICENSE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL:
A. In accordance with Idaho Code 23-933B, as may be amended from time-to-time:
1. The City Council shall have the same powers to revoke, suspend, or deny renewal of a liquor-by-the-drink license as are granted to the director of the Idaho State Police; and
2. The City Council’s determination to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be upon the same grounds set forth in Idaho Code 23-933, as may be amended from time-to-time, and/or that the licensee violated this chapter.
B. The procedure to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be governed by Idaho Code 23-933B and other applicable provisions set forth in Idaho Code Title 23, Chapter 10, as may be amended from time to time.
C. A person or entity whose liquor-by-the-drink license was revoked or suspended shall immediately surrender such license to the City Clerk. (Ord. 2026-6, 5 May 2026)
4-1-18: HOURS AND DAYS OF SALE:
A. Liquor by the drink may be sold pursuant to a liquor-by-the-drink license until one o’clock (1:00) a.m. within the City, in accordance with Idaho Code 23-927, as applicable and as amended from time to time.
B. Liquor by the drink may be sold pursuant to a liquor-by-the-drink license on Sundays, Memorial Day, and Thanksgiving within the City, in accordance with Idaho Code 23-927, as may be amended from time to time. (Ord. 2026-6, 5 May 2026)
4-1-19: CHURCHES AND SCHOOLS:
A liquor-by-the-drink license shall not be issued for any premises in any neighborhood that is predominantly residential or within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the City Council. (Ord. 2026-6, 5 May 2026)
ARTICLE IV – ALCOHOL BEVERAGE CATERING PERMIT
4-1-20: APPLICATION FOR PERMIT; FEE:
A. Idaho Code 23-934A and 23-934B, as may be amended from time-to-time, shall govern the application, processing, and approval requirements for alcohol beverage catering permits issued by the City.
B. An application for an alcohol beverage catering permit shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk at least fourteen (14) calendar days before the applicable party or at least twenty-one (21) calendar days before the applicable festival or convention. An application for an alcohol beverage catering permit shall be accompanied by a:
1. Detailed site plan and/or floor plan showing the area where liquor by the drink, beer, and/or wine will be served and locations of exits; and
2. Filing fee in the amount required by Idaho Code 23-934A, as may be amended from time-to-time.
C. Upon receipt by the City Clerk of a completed application for an alcohol beverage catering permit, the City Clerk shall forward the application to the Sheriff and Fire Chief. If the party, festival, or convention will occur at a City park, then the City Clerk shall also forward the application to the Mayor. The Sheriff, Fire Chief, and Mayor, as applicable, shall make recommendations on an application for an alcohol beverage catering permit, which recommendations may include conditions to ensure public safety.
D. The City Clerk shall approve or deny applications for alcohol beverage catering permits, in accordance with Idaho Code 23-934B, as may be amended from time to time.
E. If the City Clerk denies an application for an alcohol beverage catering permit, the City Clerk shall explain the following in writing:
1. Statutes, ordinances, and standards used in evaluating the application,
2. Reasons for denial, and
3. The actions, if any, that the applicant could take to obtain the alcohol beverage catering permit. (Ord. 2026-6, 5 May 2026)
4-1-21: PERMIT REVOCATION:
The City Clerk may revoke an alcohol beverage catering permit if:
A. A term or condition of the alcohol beverage catering permit is violated by the holder of the alcohol beverage catering permit; and/or
B. The holder of the alcohol beverage catering permit violates this chapter or applicable state or federal law in the course of serving alcohol under the alcohol beverage catering permit; and/or
C. It is found, after issuance, that alcohol cannot be safely served under the alcohol beverage catering permit; and/or
D. It is found, after issuance, that the alcohol beverage catering permit was issued pursuant to false, inaccurate, or incomplete information on the application. Written notice of such revocation shall be delivered to the holder of the alcohol beverage catering permit by personal service or certified mail. (Ord. 2026-6, 5 May 2026)
ARTICLE V – BAR PATIO
4-1-22: BAR PATIO APPROVAL OR DENIAL PROCESS:
A. A request for a bar patio shall be made, in writing, as part of a new business license application or as an amendment or addition to an existing business license, and shall be submitted to the City Clerk along with:
1. A detailed site plan showing the area where beer, wine, or liquor will be served and locations of exits in the bar patio, and
2. A seating plan for the bar patio, and
3. A letter approving the site from the Idaho State Police, and
4. A certificate of occupancy issued by the Minidoka County Building Official.
B. Upon receipt of a request for a bar patio, the City Clerk shall solicit recommendations from the Sheriff; Fire Chief; and Mayor. Such recommendations may include conditions to ensure public safety. The City Clerk shall approve or deny a request for a bar patio, with or without conditions, within twenty (20) business days of receipt of a completed request.
C. If the City Clerk denies a request for the bar patio, then the City Clerk shall explain the following in writing:
1. Statutes, ordinances, and standards used in evaluating the application,
2. Reasons for denial, and
3. The actions, if any, that the applicant could take to obtain approval for a bar patio.
Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)
4-1-23: APPEALS:
An applicant aggrieved by a written denial of the City Clerk may appeal such written denial in accordance with this code regarding business licenses. (Ord. 2026-6, 5 May 2026)
4-1-24: BAR PATIO REQUIREMENTS:
A. A bar patio may be located on the same premises as a bar.
B. A bar patio shall have direct access into and from the associated bar and shall have no other entrance or exit, unless required and authorized by the Fire Chief and Sheriff.
C. A bar patio shall be monitored to ensure compliance with alcohol service and consumption laws.
D. Ingress and egress for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by the City, and shall be approved by the Building Official and Fire Chief.
E. Materials, design, and arrangement of seating and enclosures for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by the City, as determined by the Building Official and Fire Chief.
F. If beer or wine, but not liquor by the drink, will be served within a bar patio, then such bar patio shall be enclosed on all sides by a fence, wall, or temporary partition that is at least thirty-six inches (36″) in height, which clearly designates the area in which beer or wine may be consumed. If said fence, wall, or temporary partition contains a gate, then said gate shall also be at least thirty-six inches (36″) in height and shall be kept closed and locked, unless:
1. Used for loading or unloading purposes, or
2. As otherwise required by the fire marshal. Said gate shall have a sign stating that no alcohol is allowed beyond the gate.
If liquor by the drink will be served within a bar patio, then such bar patio shall be enclosed on all sides by a sight-obscuring fence or wall that is at least seventy-two inches (72″) in height, which fence or wall shall be anchored into the ground or otherwise securely affixed so it is not readily movable. If said fence or wall contains a gate, then said gate shall also be sight-obscuring and shall be at least seventy-two inches (72″) in height. Said gate shall be kept closed and locked, unless:
1. Used for loading or unloading purposes, or
2. As otherwise required by the Fire Chief. Said gate shall have a sign stating that no alcohol is allowed beyond the gate. (Ord. 2026-6, 5 May 2026)
ARTICLE VI – RESTAURANT PATIO
4-1-25: CONDITIONS FOR APPROVAL OF A RESTAURANT PATIO:
Upon proper application, approval for a restaurant patio may be granted as an addition to an existing business license or as part of a new business license, upon meeting the following criteria and conditions:
A. A restaurant patio shall be operated by an adjacent restaurant maintaining a current City business license.
B. A restaurant patio shall not extend more than a combined total of twenty-five (25) feet parallel to the street beyond the sidewalls of the adjacent restaurant of which the restaurant patio is a part.
C. The property owner shall maintain all areas adjacent to and including areas where tables and chairs are located in a clean and sanitary manner, including the provision of appropriate trash receptacles. Maintenance shall include sweeping on a daily basis any adjacent right-of-way where the restaurant patio is located and the immediate clearing of any food debris, broken glass, and other trash. Materials associated with the restaurant shall be removed from the right-of-way by sweeping and picking up or vacuuming. Debris shall not be swept, washed, hosed, or blown into the adjacent streets and/or parking areas.
D. The City reserves the right to preclude the placement or use of outdoor tables or other street furniture on city property during special public events or parades where due to overcrowding, congestion, or other public safety concerns, the use or placement may create a hazard and/or interfere with the general health and safety of the public. The Sheriff or designee is authorized to place further restrictions on consumption of beer, wine, and liquor during special events or parades as deemed necessary.
E. The ratio of outdoor seats to indoor seats shall not exceed one (1) outdoor seat for each three (3) seats inside the restaurant.
In addition to subsections (A) through (E) of this section, a restaurant patio serving beer, wine, and/or liquor must meet subsections (F) through (K) of this section.
F. A necessary and valid liquor-by-the-drink license, retail beer on-premises license, and/or wine-by-the-drink license shall have already been issued or be issuable to the restaurant for consumption within the restaurant and in the outside areas as defined in the approved site plan drawing.
G. The restaurant patio shall be a bona fide restaurant and may be required to demonstrate or report to the satisfaction of the city or its designee that it has maintained at least sixty percent (60%) of gross retail sales from the sale of food and nonalcoholic beverages through reports submitted with the application for a restaurant patio on public sidewalks. Such demonstration or report shall contain copies of sales tax receipts and other documents including those prepared for the Idaho Tax Commission if required by the City.
H. Beer, wine, and/or liquor shall only be sold and consumed at a restaurant patio during the respective days and timeframes set forth in this chapter. No person other than the business owner or an employee of the business shall serve any beer, wine, or liquor consumed on-site at a restaurant patio, unless pursuant to an alcohol beverage catering permit issued by the City or a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.
I. The business owner shall be responsible for making sure guests do not leave the restaurant patio area with beer, wine, or liquor. No beer, wine, or liquor shall be authorized beyond the area described by subsection (J) of this section.
J. Temporary partitions thirty-six (36) inches in height shall be installed to clearly designate the area in which beer, wine, and liquor may be consumed. Beer, wine, and liquor shall not be consumed outside the area so designated. Temporary partitions shall receive prior approval from the City and shall be placed in such a manner as to not obstruct pedestrian traffic, damage the sidewalk, or constitute a safety hazard.
K. A sign shall be placed at all exits of the restaurant patio. This sign shall be at least eight and one-half (8 1/2″) inches by eleven (11″) inches and displayed at a height of at least five (5′) feet. Said sign shall read, “It is unlawful on these premises to consume alcoholic beverages not purchased at [premises name] or to remove the same from the boundaries of this sidewalk café.” (Ord. 2026-6, 5 May 2026)
4-1-26: ENCROACHMENT OF RESTAURANT PATIO ON CITY RIGHT-OF-WAY:
A restaurant patio may be licensed to encroach onto city right-of-way on the following conditions:
A. All the conditions set forth in section 4-1-25 are satisfied.
B. There shall be a continuous forty-two (42) inch wide unobstructed clear passage area for pedestrians and persons in wheelchairs between chairs, tables, umbrellas, partitions, and other obstructions to allow persons to pass the restaurant patio. For the purposes of this policy, other obstructions shall include, but not be limited to, light poles, sign poles, building fronts, trees, or other permanent street furniture and/or fixtures. The holder of the license with approval for a restaurant patio shall be responsible for preserving this forty-two (42) inch clear passage at all times.
C. Table umbrellas shall be permitted under the following conditions:
1. The minimum height of the umbrella canopy shall be seven (7) feet;
2. No umbrella shall obstruct any street signs; c) No portion of an umbrella shall encroach on the forty-two (42) inch passage area.
D. Furniture or partitions may only be installed within the right-of-way or to any object within the right-of-way with the permission of the Mayor or designee. Said permission may require the posting of a bond to cover the expenses of potential damage to the right-of-way or improvements contained therein. (Ord. 2026-6, 5 May 2026)
4-1-27: CONTENTS OF APPLICATION:
Prior to the approval for a restaurant patio associated with an adjacent restaurant and for a restaurant patio associated with an adjacent restaurant to encroach onto City right-of-way, an application for a restaurant patio shall be made, in writing, on a form furnished by the City, and shall be submitted to the City Clerk. Such application shall be accompanied by the following:
A. A copy of any required encroachment permit;
B. A detailed site plan showing the area where beer, wine, or liquor will be served, if applicable, and locations of exits in the restaurant patio;
C. A scale drawing of proposed locations of tables, chairs, and partitions to designate the proposed restaurant patio area;
D. A letter approving the site from the Idaho State Police if beer, wine, or liquor will be served in the restaurant patio;
E. Any information requested by the City to ensure compliance with conditions and regulations of restaurant patios provided above;
F. A fee, as set by resolution of the city council; and
G. When beer, wine, or liquor is proposed to be served at the restaurant patio, proof of necessary State of Idaho, Minidoka County, and City alcohol licenses. (Ord. 2026-6, 5 May 2026)
4-1-28: APPLICATION APPROVAL OR DENIAL:
The City Clerk shall, after the review and recommendation by the Mayor, approve or deny an application for a restaurant patio within twenty (20) business days of the City Clerk’s receipt of a completed application. If the City Clerk denies an application for a restaurant patio, then the City Clerk shall explain the following in writing:
A. Statutes, ordinances, and standards used in evaluating the application;
B. Reasons for denial; and
C. The actions, if any, that the applicant could take to obtain approval for a restaurant patio.
Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)
4-1-29: APPEALS:
An applicant aggrieved by a written denial of the City Clerk may appeal such written denial in accordance with this code regarding business licenses. (Ord. 2026-6, 5 May 2026)
4-2: RESERVED:
4-3: RESERVED:
4-4: JUNKYARDS:
4-4-1: DEFINITIONS:
AUTOMOBILE GRAVEYARD: Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
DUMP: Any place or area where junk is deposited, stored or kept.
JUNK: Old or scrap copper, brass, rope, rags, battery, plastic, paper, trash, rubber, debris, waste, or junk, dismantled or wrecked automobiles or parts thereof, iron, steel or other old or scrap ferrous or nonferrous material.
JUNKYARD: An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operating of an automobile graveyard or for the operation or maintenance of a business which is maintained, used or operated for storing, keeping, buying or selling wrecked or dismantled machinery, and shall also include dumps, whether exclusively or in conjunction with other business.
MACHINERY: All articles of domestic farm or industrial machinery or equipment, any and all metal or wooden machinery motors, apparatus, tools or property.
MAINTAIN: To allow to exist.
MOTOR VEHICLE: Any vehicle power propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners, or slides and to transport persons or property or pull machinery, including, but not limited to, automobiles, trucks, tractors, motorcycles, buggies or wagons.
PERSON: Any person, firm, partnership, association, corporation or other business units or devices. (Ord. 2026-6, 5 May 2026)
4-4-2: LICENSE FEE:
No person shall operate, establish or maintain a junkyard in the city without obtaining a license from the city, issued by the city clerk after approval by the city council, and the license for such junkyard and each renewal thereof shall be issued on a calendar year basis and shall expire on December 31 following the date of issuance. The fee for such license shall be set from time to time by resolution of the city council and must be paid to the city clerk in advance of issuance of any license. (Ord. 2026-6, 5 May 2026)
4-4-3: REQUIREMENTS FOR LICENSES:
A. Application Information: A person applying for a junkyard license under this section shall prepare, sign and submit to the City Clerk an application which shall contain the following information:
1. The name, residence, address and telephone number of the applicant. In the case of partnerships or joint ventures, it shall include the names, residences and telephone numbers of all general and/or limited partners or joint venturers; in the case of corporations, it shall include the names, addresses and telephone numbers of all officers and directors of said corporation.
2. The trade name or proposed trade name of the junkyard, its mailing address and street address (if different) and telephone number.
3. The legal description of the real property on which the junkyard is to be located and a statement of the number of acres the junkyard will encompass within the mandatory fence.
4. Attached to the application shall be a reasonably accurate sketch of the junkyard layout showing at least the fence perimeter, points of access to the junkyard, surrounding roads, any structures or buildings placed or to be placed on the property, and notations of easements of record.
5. If different from any specification above, the name, address and telephone number of the owner or owners of the real property and the name, address and telephone number (if available) of any lien or easement holders of the land.
6. The application must be signed by the applicant under oath. In the case of partnerships, all general partners must so sign and in the case of joint ventures, all joint venturers must so sign, and in the case of corporations, the authorized agent making application must sign under oath, and there must be an adequate indication on the application that such agent has been duly authorized, and that such application is properly attested to by the appropriate corporate officer.
7. A statement that all other necessary waivers, licenses, and obligations lawfully imposed have been or will be met and obtained, and that all laws of the state of Idaho and all ordinances, rules, regulations and restrictions of any kind of the state of Idaho, or any of its subdivisions, or any federal agency have been or will be fully complied with, including, but not limited to: city and county zoning requirements, health requirements, sanitation requirements, safety requirements, environmental protection requirements and building codes.
B. Requirements For Issuance: No license may be issued until and unless the following requirements have been fully met:
1. That an application completed as above described has been placed on file with the City. In the case of persons having previously placed an application on file, it shall be sufficient to submit a statement under oath that the application is current in all respects and that the information contained therein is correct. If the information on file is not correct, or is in any manner incorrect, or has become obsolete, then a revised or supplementary application may be filed in lieu of a complete reapplication. Such a revised or supplementary application must be signed under oath as above provided.
2. A fence at least eight feet (8′) in height must be constructed around the perimeter of the proposed junkyard out of some substantial material which prevents observation of any and all junk and other material or objects to be located and placed within the confines of said junkyard. Such fence will be of such substantial quality as to reasonably discourage unauthorized entrance, particularly by minor children. Also, to the extent possible, such fence shall be as reasonably aesthetic in appeal as possible. If a fence which otherwise complies with this subsection is constructed of wood but over time natural shrinkage allows some gaps to form so that some amount of observation through the fence of the material beyond the fence is permissible, such fence shall, nevertheless, be deemed to be in compliance with this subsection. Except for the foregoing shrinkage provision applying only to wooden fences, any fence constructed under this subsection must also be maintained so that it continues to meet the requirements of this subsection.
3. The confines within the fenced junkyard area shall occupy a contiguous tract of land of not less than ten (10) acres.
4. The frontage of a junkyard shall be a minimum of six hundred feet (600′) and a maximum of eight hundred feet (800′). The shape of the junkyard shall be reasonably square whenever possible.
5. No portion of a new junkyard shall be within two (2) miles of an existing junkyard already licensed under the provisions herein.
6. Respecting new junkyards, such junkyard site location can be disapproved if such location would, in the reasoned and considered opinion of the city council, frustrate economical, safe, orderly and well planned present or future development of the city, regardless of present city layout and/or city or county zoning requirements.
7. In the case of new junkyards, the proposed site must be appropriately zoned prior to license issuance.
8. The City Clerk must have previously received the license fee in full. This fee is nonrefundable.
C. Renewals: Renewals of the license as herein described will be issued only upon full compliance with the above provisions except as hereinafter provided.
D. Waiver Of Full Compliance:
1. In the case of already operating and licensed junkyards which were operating as such and duly licensed and in otherwise full compliance with the previously enacted and partially herewith repealed junkyard ordinances, such junkyards are granted waiver of compliance as to the following requirements as herein provided:
a. The minimum size of ten (10) acres;
b. Minimum and maximum frontage of the junkyard;
c. The requirement that the fence be a minimum of eight feet (8′) in height and be constructed of such material as to prevent observation from and outside of the junk or material stored on the inside; however, it shall remain a requirement of such junkyards operating as herein described, and eligible for the exception herein contained that such a junkyard maintain either a chain link or solid wood fence of at least eight feet (8′) in height around the entire perimeter of the junkyard. In no event, however, may a junkyard have any other fence surrounding its perimeter other than a solid fence which prevents observation of the junk beyond the fence after five (5) years of the enactment of this chapter.
E. Exception To Above Waiver Of Compliance:
1. The waivers to compliance to subsection D of this section applying to junkyards operating, licensed and in full compliance with the prior chapter applies only to junkyards which remain owned by the original prior owner as of the date of enforcement of this chapter. Further, any sale of the business, or any change in ownership of such junkyard revokes the above waiver and evokes the full requirements of compliance with all provisions of this chapter. Also, any renovation of the facilities of the junkyard as herein provided specifically including a change in the fence, either as to type of material or raising its height, revokes the waiver of using anything but a solid fence, which prevents observation of junk stored behind such fence.
2. A “sale” is defined for purposes herein as any sale whatsoever, private or public, voluntary or judicial, or otherwise.
3. A “change of ownership” is defined for purposes herein as any change of ownership, including, but not limited to, bankruptcy, judicial or other foreclosure, reorganization, including merger, sale of the junkyard on contract regardless of whether title passes at the date of contract or not, any acquisition of the junkyard by inheritance, testate or intestate, or otherwise.
4. However, the following shall not be construed as a sale or a change of ownership: the mere change of name of a business with no other change; the giving of mortgages, security interests, or the like in the land or the property; the adding or deleting of partners, if the junkyard is owned by a partnership, so long as at least one of the original general partners remains a general partner, and such general partner remains at all times a managing general partner conducting daily business of the junkyard, or, in the case of a corporation, the sale of stock or the creation of a new class of stock and sale of same. (Ord. 2026-6, 5 May 2026)
4-4-4: GENERAL OPERATING REQUIREMENTS:
The following general operating requirements shall apply to all junkyards licensed in accordance with the provisions of this chapter:
A. The license issued pursuant to this chapter shall be plainly displayed on the business premises;
B. The junkyard, together with things kept therein, shall at all times be maintained in a safe and sanitary condition;
C. No space not covered by the license shall be used in the licensed business;
D. No water shall be allowed to stand in any place on the premises in such a manner as to afford a breeding place for mosquitoes;
E. Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches (4″);
F. No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse as “junk” as defined herein and is in use in the licensed business;
G. No junk shall be allowed to rest upon or protrude over any public street, walkway, or curb, or become scattered or blown off the business premises;
H. Junk shall be stored in piles not exceeding ten feet (10′) in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes;
I. No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard;
J. Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises;
K. No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of any applicable state law or building code nor shall junk or other material be burned on the premises in the open except as provided by Idaho law;
L. The junkyard operation shall comply in all respects with any noise requirements presently or hereinafter ordained by the city;
M. The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid, vertical wall or fence of a minimum height of eight feet (8′) measured from ground level. Said fence shall be high enough at all times to obscure view of any junk kept behind it. If junk piled behind the fence is higher than the fence, the person owning the junkyard shall immediately raise the fence to a sufficient height (but in no event higher than 10 feet) and/or reduce the size of the junk pile behind such fence to a size equal to that of the fence, all in accordance with and not inconsistent with any provisions herein contained;
N. The owner or owners of junkyards shall permit inspection of the business premises by any member or representative of the city council at any reasonable time;
O. Persons operating junkyards and their agents shall reasonably insure and protect and give adequate and due consideration to obtained proof of ownership of any materials or junk that said junkyard accepts either by gift, purchase or otherwise;
P. No junkyard shall be allowed to become a nuisance nor shall any junkyard be operated in such a manner as to become injurious to health, safety or welfare of the community or any residents close by.
4-4-5: LICENSE NONTRANSFERABLE:
No license issued under this chapter shall be transferable or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. (Ord. 2026-6, 5 May 2026)
4-4-6: REVOCATION AND SUSPENSION:
When the city council determines that the public interest so requires, it shall revoke or suspend the license of any junkyard when it finds, after due investigation that:
A. The person owning or operating the junkyard or any agent or officer of such owner or operator who takes part in the operation of the licensed business is not of good character or reputation or is not capable of operating the licensed business or carrying on the licensed activity in a manner consistent with the public health, safety, and good morals; or
B. The owner or operator of the junkyard has failed to comply with the provisions of this chapter or any provision of the law applicable to the premises, equipment or operation of the licensed business; or
C. The licensee has obtained his license through any fraud or misstatement; or
D. The licensed business or activity is being conducted in a manner detrimental to health, safety or general welfare of the public, or is a nuisance, or is being operated or carried on in an unlawful manner; or
E. The licensed business or activity is no longer being operated or carried on. (Ord. 2026-6, 5 May 2026)
4-4-7: PENALTY FOR VIOLATION:
A. All violations of this chapter are hereby declared to be public nuisances. The city may apply to the district court of the county in which said unlawful junkyard or dump is located for injunction prohibiting further operation of any junkyard or dump in violation of this chapter.
B. Any person who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor.
C. The penalties provided in this chapter for the violation of the same are cumulative and not exclusive. (Ord. 2026-6, 5 May 2026)
4-5: AUCTIONS AND AUCTIONEERS:
4-5-1: AUCTIONS PERMITTED:
Auction sales may be conducted only by auctioneers holding a valid license from the state of Idaho. (Ord. 2026-6, 5 May 2026)
4-5-2: AUCTIONS NOT TO CONFLICT WITH ZONING:
Auctioneers, licensed by the state of Idaho, may conduct auction sales in the city, but only in such zones of the city where the sale of the items, things, animals or material sold could be sold under the zoning laws or restrictions of that zone as a retail business, all as defined and set forth in title 8 of this code. (Ord. 2026-6, 5 May 2026)
4-5-3: CHARITABLE OR ONE TIME AUCTIONS:
Auctions for solely charitable purpose not more often than once a year or one time only sales of the contents of a residence occasioned by the death or move of the owner of the property to be sold, may be permitted without complying with such zoning law or section 4-5-1 of this chapter upon application to the city clerk in advance. The application shall state the name, address, telephone number of the applicant and of any persons or entities owning things or materials to be sold at the proposed auction or persons who will receive the proceeds of such auction; date of the auction, hours of the auction, name, address and telephone number of the auctioneer(s) and the purpose of the auction. However, under no circumstances may agricultural products, produce or animals of any kind be auctioned except in such areas of the city duly zoned therefor. (Ord. 2026-6, 5 May 2026)
4-5-4: RESTRICTIONS:
The auctioneer and the owner of the land where the auction is conducted are jointly responsible for traffic control, crowd control and litter cleanup resulting from the auction or persons attending the auction. In the event an animal auction is conducted, the auctioneer and landowner shall, within twenty four (24) hours of the end of the auction, clean up all animal waste and remove all animals, unless there is a lawfully zoned existing structure for the containment of the animals. The auctioneer and landowner shall comply with any direction or order of any law enforcement officer regarding the manner and method of conducting the sale and shall immediately terminate the sale if requested by any law enforcement officer. (Ord. 2026-6, 5 May 2026)
4-5-5: PENALTY:
Violation of this chapter shall be a misdemeanor. Further, the prosecution of a misdemeanor by the city is in addition to and not to the exclusion of any civil remedy the city may have for such violation. (Ord. 2026-6, 5 May 2026)
4-6: ANIMAL AUCTION OR SALE YARDS:
4-6-1: LICENSE REQUIRED:
Every person who shall sell or offer to sell livestock or poultry within the city by auction sale shall, in addition to complying with the provisions of this chapter, also obtain an auction license as set forth in chapter 5 of this title and comply with all therein stated requirements. (Ord. 2026-6, 5 May 2026)
4-6-2: YARDS:
All public auction or public sale grounds shall comply with the fire regulations of the city, which have been or may hereafter be enacted with such rules and regulations concerning sanitation as may be prescribed by this code, and the department of public health of the state. (Ord. 2026-6, 5 May 2026)
4-6-3: PENS:
All pens in which livestock or poultry is kept shall be thoroughly cleaned immediately after and on the day of each sale. (Ord. 2026-6, 5 May 2026)
4-6-4: REFUSE:
All manure and refuse shall be hauled away within twenty four (24) hours after each sale. (Ord. 2026-6, 5 May 2026)
4-6-5: FIRE HAZARDS PROHIBITED:
All buildings, fences, pens and structures of all kinds shall be so constructed and maintained as to not become a fire hazard to surrounding property to jeopardize the lives of the public. (Ord. 2026-6, 5 May 2026)
4-7: PAWNBROKERS AND SECONDHAND DEALERS:
4-7-1: LICENSE REQUIRED:
Every person other than auctioneers and junkyard dealers engaging in the sale of secondhand merchandise of whatsoever nature, whether so dealing exclusively or in connection with other business; or, acting as a pawnbroker or operating a place of business where such person holds himself out as a pawnbroker, all within the city of Minidoka, prior to commencing business as a pawnbroker shall obtain and maintain a license therefor issued by the city clerk. (Ord. 2026-6, 5 May 2026)
4-7-2: APPLICATION:
Application for a license constitutes payment in advance by the applicant of the license fee in the amount as set by resolution of the city council, and the submitting of an application prepared in advance by the city clerk. The application shall require the following information of the applicant:
A. The name and place of residence of the applicant and length of his residence within the state of Idaho, and if the applicant is a partnership, the names, places of residence and lengths of residence within the state of Idaho of each partner, and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board, and of the person who manages or will manage the business;
B. The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought;
C. If the applicant is an individual, that he is a citizen of the United States and has resided within the state of Idaho at least thirty (30) days immediately prior to making the application;
D. If the applicant is a partnership, that at least one member thereof is a citizen of the United States and has resided within the state of Idaho for a period of at least thirty (30) days;
E. If the applicant is a corporation that it has qualified as required by the laws of the state of Idaho to do business within the state of Idaho;
F. The applicant or any principal thereof has not been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony or pleaded guilty to any felony charge within five (5) years from the date of application;
G. The application must be subscribed and sworn to by the individual applicant or by a partner of a partnership applicant, or by an officer of a corporation applicant before a notary public or other person authorized by law to administer oaths.
H. If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If a license is received on any application containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is issued a licensee becomes unable to make the affirmative showings required by this section, the license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of license as herein provided for shall be in accordance with the procedure set forth in this act. (Ord. 2026-6, 5 May 2026)
4-7-3: FEES, EXPIRATION AND RENEWAL:
The annual fee or fee for any portion of a year shall be as set forth in section 4-7-2 of this chapter for the license of a pawnbroker or secondhand dealer or person engaged in both businesses. All licenses expire at twelve o’clock (12:00) midnight December 31 of the year issued. All licenses must be renewed by payment of the annual fee and must be accompanied by either a new application or a statement under oath by the applicant that the original application is still accurate. (Ord. 2026-6, 5 May 2026)
4-7-4: RECORD OF TRANSACTIONS:
Every dealer in secondhand merchandise, and every pawnbroker so operating or doing business in the city shall keep a detailed daily record of their transactions, with a notation of the estimated value of the property acquired, either by purchase, trade or pledge, and a complete description of the property, together with the name and address of the trader, seller or pledger, which said daily record shall be made readily available to law enforcement upon request and upon reasonable notice. Further, every dealer in secondhand merchandise and every pawnbroker so operating or doing business in the city, as above mentioned, shall, at the time of the acquisition of the property by them, as aforementioned, require that the trader, seller or pledger of such property exhibit to them reasonable proof of the identification of said trader, seller or pledger of said property, which said proof of identification shall be noted on the daily record hereinbefore specified. (Ord. 2026-6, 5 May 2026)
4-7-5: REVOCATION OR SUSPENSION OF LICENSE:
In the event that a licensee under this chapter is convicted of a violation of this chapter or of any law of the state of Idaho or makes a false statement in the application, or in the event the city council shall determine that such licensee has violated any of the provisions of this chapter, the council may, in its discretion and in addition to any judgment of the court, revoke any such license or suspend the same for a period not in excess of six (6) months, or refuse to grant a renewal of such license after the date of its expiration. (Ord. 2026-6, 5 May 2026)
4-7-6: VIOLATIONS; PENALTIES:
Any person who violates any provisions of this chapter shall, upon conviction, be guilty of a misdemeanor. (Ord. 2026-6, 5 May 2026)
4-7-7: LICENSE NONTRANSFERABLE:
No license issued under this chapter shall be transferable or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. (Ord. 2026-6, 5 May 2026)
4-7-8: REPORTS TO LAW ENFORCEMENT:
Every pawnbroker shall, in addition to maintaining the record referred to in section 4-7-4 of this chapter, keep a ticket or card system in which shall be recorded all loan or pledge transactions numerically in the order in which such transactions occur. All cards or tickets shall show the name and address of the pawnbroker and shall contain in the proper space provided therefor, the date of the transaction, the amount and terms of the loan, and the article pledged or purchased by the pawnbroker, the age, sex, color or race, height, weight of the pledger or seller. All reports are to be in the English language.
The ticket or card hereby required shall be of such size and description as may be required by the Minidoka County Sheriff. All such tickets or cards shall be made in triplicate, one copy to be retained by the pawnbroker and two (2) copies to be transmitted to the Minidoka County Sheriff’s Office. (Ord. 2026-6, 5 May 2026)
4-7-9: MINORS AND INTOXICATED PERSONS:
No person licensed under the provisions of this chapter shall receive, or in any manner take goods, articles, or things from any person who shall appear to be or who shall be known to the pawnbroker to be under the age of eighteen (18) years or intoxicated or under the influence of any controlled substance. (Ord. 2026-6, 5 May 2026)
4-7-10: NOTICE FROM LAW ENFORCEMENT:
Whenever the Minidoka County Sheriff, or designee, shall notify the pawnbroker or secondhand dealer in writing that an item in his possession has been reported stolen, he shall not sell or permit this item to be redeemed for a period of time not to exceed thirty (30) days from the date of such notice. A copy of such notice shall be left with the pawnbroker or secondhand dealer. (Ord. 2026-6, 5 May 2026)
A. Establish reasonable rules and regulations for the operation of the City.
B. Establish reasonable fees to be charged to customers receiving water service and provide fair, orderly, and efficient procedures for collection and termination of delinquent accounts.
C. Establish a fair and equitable means of having all persons who hook into or receive direct and immediate benefit from water mains throughout the city by requiring owners to participate in the capital cost and maintenance of water mains fronting and providing benefits to properties and the general operation of the water system, including fire protection and other health and safety benefits.
D. Establish fair and equitable charge for the actual cost of material and labor expended by the City whenever City crews install water service or do maintenance for a customer.
E. Protect public health and welfare by maintaining quality water to the City and controlling cross-connections or other sources or potential sources of contamination to the water supply.
F. Provide clean, efficient, and adequate water system for residents of the City. (Ord. 2026-4, 7 Apr 2026)
3-1-2: DEFINITIONS:
Certain terms used in this Chapter shall have the meanings ascribed below:
APARTMENT: Any building or portion thereof which is designed, built, rented or leased, let, or hired out to be occupied or which is occupied as the home or residence of two (2) or more families living independently of each other and doing their own cooking within the premises.
BACKFLOW: The flow other than in the intended direction of flow, of any non-potable waters, foreign liquids, gases, or any other harmful or offensive substances into the City water supply as a result of reduced or reversed pressure.
BACKFLOW PREVENTION DEVICE: A device which, when properly installed between the City water supply system and the terminus of the customer’s water line or point of ultimate use, will prevent backflow.
CITY: The City of Minidoka, Idaho.
CROSS-CONNECTION: Any physical arrangement whereby the City water system is connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir, or any other source of water supply which contains or may contain contaminated water, sewage, or other waste or liquids which may be harmful to human health or which may deleteriously affect the City water supply.
CUSTOMER LINE: The pipe, valves, and fittings leading from the meter into the premises served, including the water meter attached thereto.
DIRECTOR: The City, or a duly authorized deputy, agent, employee, or representative acting under delegated authority pursuant to 3-1-6.
METER: A water meter and its enclosure, valve, and related appurtenances which measures the volume of water used by a customer of City water service. Meter includes the meter setter which allows of meter installation and replacement without disturbing the pipes.
OPEN HOSE: The use of water through a hose without a nozzle or other pressure limiting device.
SERVICE LINE: The water pipe, valves, and fittings laid from the main to the meter.
SINGLE FAMILY DWELLING: All structures, except hotels, motels, rooming houses and apartments, which contain sleeping, restroom, cooking and dining facilities.
WATER MAIN: The publicly-owned water pipe laid in a street, road, alley, or easement conveying water for City water service. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-1-3: EXCLUSIVE OWNERSHIP, MANAGEMENT, AND CONTROL:
A. The City shall have exclusive ownership, management, and control of the City water system and shall have exclusive ownership, management, and control of the supply and distribution of water to the inhabitants of the City. The City may make such rules and regulations as are necessary for the complete management, control, distribution, and supply of water within and without the City. Water shall not be resold or distributed outside the City without express permission of the City.
B. All houses, buildings, or properties within City limits used for residential, commercial, industrial, governmental, recreational, or any other purpose shall connect such facilities to a public or private water source.
C. New houses, buildings, or properties within three hundred feet (300′) shall connect to and use water from public system. No building permit shall be issued until evidence is submitted that the owner has obtained a permit to construct a private water supply or connect to a public water system. New subdivisions shall connect to public water system for each lot of a subdivision within one-half (1/2) mile of a public water line.
D. All existing houses, buildings, or properties served by a private water supply shall abandon the private water supply and connect to the public water system when:
1. public water is available within three hundred feet (300′) of the property and
2. any of the following conditions occur:
a. the private supply becomes polluted or contaminated;
b. the private supply requires a permit for any repair, upgrade, or modification; or
c. the State of Idaho, or any other agency of competent jurisdiction orders connection to a public water system.
Disconnection of a private supply shall be inspected and approved by the City. Cross-connection is not permitted.
E. Once connected to the City water system, it shall be unlawful to disconnect.
F. Notwithstanding the foregoing, the use of the City water supply as a primary source of irrigation in new development is prohibited and use of the irrigation system or irrigation water is required. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-1-4: GRANTING OF FRANCHISE PROHIBITED:
No person shall be granted any franchise or permit to furnish or supply any inhabitant within the City any water for domestic or culinary use or for sprinkling of lawns and gardens within any portion thereof where the water mains have been extended or may hereafter be extended so as to supply said property with water. (Ord. 2026-4, 7 Apr 2026)
3-1-5: CITY NOT LIABLE FOR DAMAGES:
The City shall not be liable for damages caused by interruptions of water supply, scarcity of water, accidents to water works or mains, or during the time of alterations, additions, or repairs or for any other unavoidable causes. Nothing herein is intended to create any private duty to any customer or create a private right of action against the City on account of any failure by the City or its officers, agents, or employees to provide water service or comply with the provisions of this Chapter. (Ord. 2026-4, 7 Apr 2026)
3-1-6: DUTIES OF DIVISION HEAD:
The Mayor shall supervise and manage the Water Division, including all supply and distribution lines, wells, pumps, storage, and fire hydrant facilities. Any powers granted to or duties imposed may be delegated to other City personnel within the City. (Ord. 2026-4, 7 Apr 2026)
3-1-7: RIGHT TO TURN OFF WATER:
The Mayor may turn off water within the City water system as a whole, a portion, or single user when deemed necessary to maintain or repair the water system or when ordered to do so by the Mayor or Council. (Ord. 2026-4, 7 Apr 2026)
3-1-8: WASTE PROHIBITED:
It shall be unlawful for any water user to waste water or allow it to be wasted by improper use or by faulty facilities. (Ord. 2026-4, 7 Apr 2026)
3-1-9: MAYOR MAY LIMIT USE OF WATER: In times of, or in anticipation of, scarcity of water, or when the City is unable to furnish a sufficient supply of water, the Mayor may, by public proclamation, and approved by Council, limit the use of water to such extent as may be necessary for the public good. Such proclamation shall be published in two (2) consecutive issues of the official newspaper, on the city website, and after such publication, the proclamation shall have the same force and effect as a City ordinance. Such proclamation shall have a sunset date not beyond the reasonable expected length of duration of scarcity, not beyond six (6) months. (Ord. 2026-4, 7 Apr 2026)
3-1-10: INSPECTION OF PREMISES:
Free access for inspection of Service or Customer Lines shall, upon such reasonable notice as the circumstances permit, be allowed to the City of all places supplied with water from the City water system. Inspections inside any buildings, structures, premises, or improvements shall be by consent of the customer only, including those under 3-1-40. Failure to consent to a legitimate and reasonable request may provide reason for City to turn off all utilities to the premises. City shall have the right to enter the facilities of any Customer to ascertain whether the purposes of this Chapter are being met and whether Customer is complying with all requirements thereof. Customers shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
A. Where a Customer has security measures in force which require proper identification and clearance before entry into its premises, the Customer shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.
B. The Director shall have the right to set up on the Customer’s property, or require installation of, such devices as are necessary to conduct sampling or metering of the Customer’s operations.
C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the Customer at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the Customer.
D. Unreasonable delays in allowing the Director access to the Customer’s premises shall be a violation of this Chapter. (Ord. 2026-4, 7 Apr 2026)
3-1-11: PERMITS AND SERVICE CONNECTION FEES:
It shall be unlawful to install, alter, or connect any water service within the City to any water line within the City without first obtaining a permit from the City and paying the service connection fees set forth in this Chapter. (Ord. 2026-4, 7 Apr 2026)
3-1-12: EXTENSION OF WATER MAINS WITHIN CITY:
The Mayor or the Council may extend water mains within the City at City’s expense whenever, in their sole discretion, such extension is necessary for the health, welfare, or safety of the residents of the City, provided however nothing herein shall require that such extension be made entirely at City expense. The City may require any customer desiring water service to install at the customer’s expense, or a portion thereof, a water main along, or a part of, the entire frontage of such customer’s property. The City may also require the customer to submit design drawings and specifications prior to the commencement of the construction of such extension. (Ord. 2026-4, 7 Apr 2026)
3-1-13: EXTENSION OF WATER MAINS OUTSIDE CITY:
Water mains shall not, without the approval of the Council be extended outside the corporate limits of the City, unless adequate excess water is available for such service. City reserves the right to terminate such service without cause at any time upon at least thirty (30) days advance written notice. (Ord. 2026-4, 7 Apr 2026)
3-1-14: WATER SYSTEM CONNECTION FEES:
A. Purpose. The purpose of this Section is to establish an equitable system of charging new customers for the effect, impact, or burden created whenever they enlarge an existing water service or connect a new water service to the existing wells, storage tanks, pumps, outbuildings, or appurtenances of the City water system. The City recognizes the inherent inequity of requiring existing customers or taxpayers to bear the entire cost of acquiring or building new facilities, or of utilizing excess capacity with existing facilities, in order to meet the needs of such new development. The Council hereby finds and recognizes the relationship between the nature of the uses of property and the impact thereof upon the City water system. The Council also finds that customers who connect to a water main located adjacent to their property receive a direct benefit from such water mains, including fire protection, which benefits are directly proportional to the frontage of the water main along their property. The Council further finds that it is fair and equitable to charge a main connection fee to customers who connect to such mains in order to fund a portion of the cost incurred by the City in installing such mains.
B. Water System Connection Fees. A water system connection fee shall be collected from any person requesting connection to the water system for any new or existing building or structure or for any existing building for which a change in occupancy or use, as defined under the International Building Code, as currently adopted by the City, is made and for which a new or larger water service line is installed. Notwithstanding the foregoing, no system connection fee shall be charged for connection of water service solely for fire protection services. Such system connection fee shall be in an amount set from time to time by Resolution of the Council.
C. Water Main Connection Charge. Before connecting to any water main, all persons desiring such connection shall pay a water main connection fee in an amount based upon the estimated costs of connection depending on the length, property characteristics, and needs. If costs exceed the estimate, City shall recover the excess from the customer by billing. Any amounts recovered that exceed the actual cost shall be refunded to customer. All water mains within the City shall be deemed to have been constructed in whole or in part at City expense. (Ord. 2026-4, 7 Apr 2026)
3-1-15: INSTALLATION CHARGES:
Service lines between the main line and the meter shall be installed by the City. Customer lines should be installed by the customer at their cost. Such installation shall comply with City standards with inspection and approval by the City before use. (Ord. 2026-4, 7 Apr 2026)
3-1-16: LENGTH OF SERVICE LINE:
Where a water main is located in a public right of way, the maximum length of service line furnished and installed by the City for the standard installation fee set forth above shall be fifty feet (50′). Where the main is on private property, the maximum length of service line furnished and installed by the City for the standard installation fee shall be thirty feet (30′). If the length of the service line exceeds the maximums stated above, an additional charge shall be made, based on the actual cost to the City to furnish and install the extra pipe. (Ord. 2026-4, 7 Apr 2026)
3-1-17: OWNERSHIP, MAINTENANCE, AND CONTROL OF SERVICE LINE:
All service lines and connections from the main to and including the meter shall be installed, owned, maintained, and exclusively controlled by the City. (Ord. 2026-4, 7 Apr 2026)
3-1-18: ARRANGEMENT OF SERVICE LINE PIPES:
The service lines must be so arranged that the water supply to each building, place of business, or tract of land shall be controlled by a separate meter placed near the property line, unless a different arrangement is first authorized in writing by the City. (Ord. 2026-4, 7 Apr 2026)
3-1-19: BRANCH SERVICE:
A. No service connection serving more than one customer shall be made, except with written permission granted by City only for good cause. Such permission may only be granted where exists common ownership of the multiple connections and billing is made to that owner, not any tenants or other parties in possession of the property. If common ownership is terminated, then each connection must be separately connected.
B. Where an existing water service provides service to several customers without written permission, the City may provide a 45 day notice that City will terminate water service until separate service connections are provided at the owner’s expense. If the City permits such existing services to continue, the established base rate shall be charged for each potential individual customer receiving service from the existing line and an additional pro rata portion for usage for each customer. (Ord. 2026-4, 7 Apr 2026)
3-1-20: PERMIT REQUIRED:
No person shall dig into the streets or under the sidewalk for the purpose of laying, removing, or repairing any customer line without first obtaining a permit with at least 24-hour notice having been given to City Clerk. Such permit will only be granted after existing utility lines are previously clearly marked. (Ord. 2026-4, 7 Apr 2026)
3-1-21: CUSTOMER LINE MAINTENANCE:
All water users shall at their own expense keep their customer lines, connections, and other apparatus in good repair and in a condition that avoids waste of water. (Ord. 2026-4, 7 Apr 2026)
3-1-22: PERMIT TO DO PLUMBING:
No plumber or other person shall make any connections to a City water main or service line. No plumber or other person shall make alterations in any conduit, pipe, or other fixture connecting to the City mains or service lies, or connect pipes, without first obtaining a plumbing permit, if required. If a permit was required, all such work shall be inspected and approved before service is restored. If such work requires excavation within a public right of way, such person shall notify the City and also obtain a plumbing permit. (Ord. 2026-4, 7 Apr 2026)
3-1-23: SERVICE CALL CHARGE:
The City may assess and collect a service charge, in an amount not to exceed the actual cost to the City, for service calls which are requested on a weekend, a legal holiday, or during a time other than normal working hours and which are only for the convenience and benefit of the customer, or which are necessitated because of plumbing which does not meet the requirements of the Idaho State Plumbing Code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-1-24: TAMPERING UNLAWFUL:
It shall be unlawful to damage, adjust, or tamper with any portion of the City Water System or appurtenances, whether located upon public or private property, without having first obtained the express permission of the City. If any person damages the water system or in any way causes the City to expend costs as a result of such unlawful acts, the City may assess and collect the same from the person committing the same, or from the parent or guardian of any minor who commits such acts. City may also make a criminal report. Such amounts may be included upon the customer’s regular monthly billing statement for water service, and upon the customer’s failure or refusal to pay the same, water service may be terminated in accordance with the procedures set forth in this Chapter. (Ord. 2026-4, 7 Apr 2026)
3-1-25: AUTHORITY TO PLACE METER:
The City may, in their sole discretion, place a meter on any service line and change the method of billing from a flat rate to a metered rate. (Ord. 2026-4, 7 Apr 2026)
3-1-26: OWNERSHIP OF METERS:
All water meters installed or accepted by the City shall remain the property of the City and may be removed or replaced by the City at any time. (Ord. 2026-4, 7 Apr 2026)
3-1-27: MAINTENANCE OF METERS:
The City shall maintain and repair all meters. Where replacement, repair, or adjustment of any meter is rendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises, any expense incurred by the City thereby shall be charged against and collected from the customer, and water service may be discontinued until the meter is repaired, replaced, or adjusted. (Ord. 2026-4, 7 Apr 2026)
3-1-28: METER LOCATION AND ACCESS:
Meters shall be located near the customer’s property line. No meter shall be located within a structure without written consent of the City and access by the City at all times. The customer shall keep the area adjacent to the meter free from trees, shrubbery or other obstructions and shall allow the City access to the meter during normal working hours. (Ord. 2026-4, 7 Apr 2026)
3-1-29: BILLING PERIODS:
Billing periods for domestic water service shall be governed by 3-7-4. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026; Ord. 2026-5, 5 May 2026)
3-1-30: BILLING, COLLECTION, AND TERMINATION OF UTILITY SERVICE:
Billing, collection, and termination for utility service shall be processed pursuant to the City billing, collection, and termination policy established under Title 3 Chapter 7.
A deposit shall be required of all new water service account holders as security for payment. The deposit amount shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk. All deposit mechanics, including application of deposits against delinquent balances, return of deposits, and damage offsets, shall be governed by 3-7-3 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-1-31: WATER USER SERVICE CHARGE:
A. A monthly service charge for water service shall be charged to all customers on a monthly basis. All charges to customers, shall be calculated in a manner that ensures each customer will pay a fair share of the costs of operation, maintenance, and capital equipment replacement based upon proportional usage of the water system. The rates established shall generate sufficient revenue to defray the costs of operating and prudently managing the water system, including but not limited to: (a) capital costs; (b) operation and maintenance costs; (c) replacement costs and reserves, and (d) debt service on bonded indebtedness. Premises occupied for any portion of a month shall be charged a pro rata portion of the month.
B. For billing purposes, water users shall be classified and billed as Residential, Commercial, and Industrial.
C. City shall establish monthly rates for water service supplied by City in an amount set from time to time by Resolution of the Council for the following:
1. Monthly Non-Metered Residential Water Rates (Inside City):
a. Single-family dwellings and mobile homes (excluding separate apartment units within such dwelling) – Per dwelling or unit;
b. Duplex/Triplex – Per dwelling or unit;
c. Apartment unit – Per unit.
2. Monthly Non-Metered Commercial Water Rates (Inside City) and commercial rate categories to which business are assigned shall be established and may be amended from time to time by Resolution of the Council
3. Monthly Non-metered School Water Rate (Inside City) including rates for schools, churches, and similar uses, shall be established by Resolution of the Council.
4. All other businesses or uses not expressly categorized by Council Resolution based on anticipated interior water consumption and comparable use characteristics shall be assigned by the Director to the most appropriate existing category.
5. Monthly Metered Water Rates. The water for customers receiving metered water service shall be a monthly base metered water of three thousand (3,000) gallons plus a monthly volumetric rate per each one thousand (1,000) gallons of water used; in an amount set from time to time by Resolution of the Council. Each class of Residential, Commercial, and Industrial shall have separate rates. Users outside the City shall have a separate rate as set by Resolution of the Council.
a. New installations without sufficient metered data shall be charged as non-metered water as defined above until such time that sufficient metered data is available. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-1-32: WATER RATES OUTSIDE CITY:
Monthly rates charged for water furnished outside the City limits, whether metered or non-metered, shall be as set by Resolution, including a base rate and usage rate. (Ord. 2026-4, 7 Apr 2026)
3-1-33: METER RATES FOR MULTIPLE METERS:
Where an individual consumer is supplied with water through more than one (1) metered service, charges shall be computed separately for each individual meter. (Ord. 2026-4, 7 Apr 2026)
3-1-34: SERVICE OUTSIDE CITY:
The City shall not provide any water service to any consumer whose residence or place of business is outside the corporate limits of the City unless a written service contract and consent to annexation has been executed between the consumer and the City. All services must comply with all other requirements of the City. (Ord. 2026-4, 7 Apr 2026)
3-1-35: FIRE SERVICE CONNECTION:
All fire service connections between water mains and property lines shall be installed and maintained by the City, at the expense of the owner or occupant of the premises served, and shall be the property of the City. At the time of making application for service, the applicant shall file with the City detailed plans, produced by a registered design professional, showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers, and all other outlets, gates, or appurtenances. Each fire service connection shall have a gate valve with an adequate valve box installed between the main and the property line of the premises served. No fire service connection larger than six inches (6″) shall be installed without special permission from the Council. Upon receipt of such application and submissions by a registered design professional, the Mayor shall determine the cost for the installation of such service, taking into consideration the length and size of pipe, condition of street and sidewalk, all relative to the character of service, and such cost shall be paid by the applicant before such installation is made. No customer receiving metered water service shall use a fire service connection for domestic purposes or any purpose other than for fire protection. If the Mayor finds a fire connection is being used for any purpose other than for fire protection upon the premises, the owner or occupant shall be notified and if such improper conditions are not corrected within ten (10) days, water service to the entire premises may be terminated until proper adjustments are made. Such shall constitute theft of services. (Ord. 2026-4, 7 Apr 2026)
3-1-36: FIRE HYDRANTS:
All public fire hydrants shall be maintained by the City and be kept accessible at all times. Members of the Fire Protection District shall also have free access to such hydrants. No other person shall draw or attempt to draw any water from a fire hydrant unless the person has written permission of the City and comply with any requirements for such use. The Mayor may assess an equitable charge for the consumption or use of water drawn from a fire hydrant. (Ord. 2026-4, 7 Apr 2026)
3-1-37: UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS:
It shall be unlawful for the owner, tenant, occupant, lessee, or other user of City water to introduce or permit the introduction of pollution or contamination of any kind into the City water supply system. It shall be unlawful for any person to install or maintain any cross-connection within the City. (Ord. 2026-4, 7 Apr 2026)
3-1-38: BACKFLOW PREVENTION DEVICES:
A. Backflow prevention devices shall be installed by the proper owner, tenant, occupant, lessee, or other user of City water where the nature and extent of the activities conducted or the materials used or stored on the premises would present a hazard to the public health or be deleterious to the quality of the City water supply should a cross-connection occur. Even though cross-connections may not exist at the time, backflow prevention devices shall be installed under circumstances including, but not limited to the following:
1. Premises having an auxiliary water supply;
2. Premises having internal cross-connections that are not correctable, or having intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connections exist;
3. Premises where entry is restricted so that inspections for cross-connections cannot reasonably be made;
4. Premises having a history of cross-connections being established or re-established;
5. Premises on which any substance is handled under pressure so as to permit the potential entry of substance into the public water supply;
6. Premises having pumps or devices which may affect the pressure within any line connected to the City water supply;
7. Whenever water is drawn from a public fire hydrant.
B. All backflow prevention devices shall be installed by the property owner at the owner’s expense, and shall be of a type commensurate with the degree of hazard which exists or which could exist. An air-gap separation or a reduced pressure principle backflow prevention device shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a public health hazard. In all other cases where the contaminant may be objectionable but not hazardous to the public health, a double check valve assembly, an air-gap separation, or a reduced pressure principle backflow prevention device shall be installed. All backflow prevention devices and the installation thereof shall be approved by the City Water Department Head or duly authorized representative.
C. All backflow prevention devices installed pursuant to this Chapter, except atmospheric vacuum breakers, shall be inspected and tested by a certified tester at the time of initial installation and annually thereafter, or more often if deemed necessary by the City. Whenever a backflow prevention device is found to be defective, it shall be repaired, overhauled, or replaced at the owner’s expense. The City Water Department Head shall retain adequate records of all inspections, tests, or repairs made pursuant to this Chapter.
D. If a backflow prevention device is found to be necessary, the owner, tenant, occupant, or lessee of the property shall apply in writing to the Clerk for an installation permit, specifying the type and location of such device or devices. It shall be unlawful to install, relocate, or remove a backflow prevention device without a permit. (Ord. 2026-4, 7 Apr 2026)
3-1-39: INSPECTION OF NEW CONNECTION:
No building, improvement, or other structure shall be connected to the City water supply unless such structure has been inspected by the City and found free of any cross-connections or other conditions for which a backflow prevention device is required by this Chapter. (Ord. 2026-4, 7 Apr 2026)
3-1-40: REQUIRED INSPECTION AND TERMINATION OF WATER SUPPLY:
The City shall make an inspection of any building, improvement, or structure of any nature receiving water from the City water supply if there is cause to believe that a cross-connection exists or that a backflow prevention device should be installed pursuant to this Chapter. Whenever a cross-connection or other source of contamination to the water supply is found, or it is determined that a backflow prevention device is necessary, the City shall cease delivery of water to such premises and the water supply shall not be resumed until the cross-connection or source of contamination is eliminated or a backflow prevention device has been installed in accordance with this Chapter. (Ord. 2026-4, 7 Apr 2026)
3-1-41: PENALTIES: It shall be unlawful for any person to violate any provision of this chapter or tamper with, alter, or injure any part of the city waterworks or water supply system, any meter, or any shutoff box. It shall be unlawful to steal services. Any violation of this chapter shall be punishable as a misdemeanor. (Ord. 2026-4, 7 Apr 2026)
3-2: RESERVED:
3-3: ELECTRICAL SERVICE:
3-3-1: PURPOSE:
The purpose of this Chapter is to:
A. Establish reasonable rates for consumption of electrical energy by users within the City’s electrical service area.
B. Establish customer deposit and service contract requirements.
C. Provide for billing, collection, and termination of electrical service accounts by cross-reference to Chapter 7.
D. Establish connection and reconnection fee authority, also in conjunction with Chapter 7. (Ord. 2026-5, 5 May 2026)
3-3-2: DEFINITIONS:
A. Residential User: A “residential user” for the purpose of this chapter is defined as follows:
1. A consumer of electrical energy that is served with a single- phase (120/240 volt) electrical energy and which energy is used in dwellings which includes houses, apartments, duplexes, condominiums, trailer houses or mobile homes and in which said dwellings there is no conduct of business or commercial activities.
2. Public services, educational, religious, fraternal, and other nonprofit organizations that use single-phase 120/240-volt energy.
B. Commercial User: A “commercial user” of electrical energy for the purpose of this chapter is defined as follows:
1. Any person, firm, corporation and/or organization that uses electrical energy within the service area of the city electrical system for the purpose of conducting any type of commercial activities such as retail sales, services rendered for money, manufacturing or other type of business.
2. Any consumer of electrical power that requires 3-phase electrical energy.
C. Industrial User: An “industrial user” of electrical energy for the purpose of this chapter is defined as follows:
Any person, corporation, firm or association that uses electrical energy within the service area of the city electrical system who demands and receives 500 kW demand or more in any one month.
D. Irrigation User: An “irrigation user” of electrical energy for the purpose of this chapter is defined as follows:
Any person, corporation, firm or association that uses electrical energy to pump water for agricultural purposes, meaning to water crops or pastures and croplands. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-3-3: RATES:
The rates to be charged for consumption of electrical power by residential, commercial, irrigation and industrial users shall be set by resolution or by ordinance of the city council from time to time. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-3-4: RIGHTS RESERVED:
City reserves the right to require the prospective electrical energy customer to execute a service contract specifying and setting forth the obligations of the parties pursuant to the city’s electrical policy, adopted from time to time by the City council. Such contract will provide for compensation necessary to justify the City’s investment in service facilities. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-3-5: DEPOSITS:
A deposit shall be required of all new electrical service account holders as security for payment. The deposit amount shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk. All deposit mechanics, including application of deposits against delinquent balances, return of deposits, and damage offsets, shall be governed by 3-7-3. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-3-6: MAINTENANCE OF METERS:
Owners and/or occupants of each parcel of property served by this service shall keep meters reasonably free from trees, shrubbery or other barriers or restrictions. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-3-7: BILLING, COLLECTION, AND TERMINATION:
A. Billing, collection, and termination for electrical service shall be processed pursuant to City billing, collection, and termination policy established under Chapter 7.
B. Fees for new electrical service connections and for reconnection shall be established by Resolution of the Council and maintained in current Rate Resolution on file with the Clerk. No new electrical service shall be connected and no previously terminated service shall be reconnected until all applicable fees have been paid. (Ord. 2026-5, 5 May 2026)
3-4: RESERVED:
3-5: RESERVED:
3-6: SANITATION SERVICE:
3-6-1: PURPOSE:
The purpose of this Chapter is to establish a mandatory refuse collection system for the City of Minidoka, to ensure the public health, safety, and welfare of residents and businesses by providing for regular and sanitary disposal of garbage and refuse. This Chapter is adopted pursuant to the police power authority of the City under Idaho Code 50-301 et seq. Billing and collection for refuse services shall be governed by Chapter 7.
3-6-2: DEFINITIONS:
For the purpose of this chapter, the following words shall have the meanings ascribed to them unless the context otherwise indicates:
COLLECTOR: The person holding a license or contract with the city and authorized to collect, handle, transport, or dispose of refuse and wastes.
DUMPSTER: A large, lidded metal or heavy-duty plastic container, typically 2 to 10 cubic yards in capacity, used for the collection of refuse from commercial, multi-family, or construction sites, and emptied by mechanical lifting equipment operated by Collector.
GARBAGE: Shall include all putrescible waste, except sewage and body waste.
RECYCLING CONTAINER: A container designated by the City or its authorized Collector for the collection of recyclable materials separated from refuse, provided to residential or commercial customers as part of the City’s refuse collection program.
REFUSE: Solid wastes, including garbage and rubbish.
RESIDENTIAL: Shall mean or have reference to single-family dwellings or duplexes. “Nonresidential” shall refer to all other dwellings or commercial or industrial uses.
RUBBISH: Shall mean refuse other than garbage.
WASTE: Unwanted solid, liquid or gaseous materials. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-3: RESPONSIBLE AUTHORITY:
The council shall be responsible for the enforcement of the provisions of this chapter. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-4: COMPULSORY USE OF THE SYSTEM:
Every owner and occupant of premises within the city must use the refuse collection and disposal system herein provided and shall deposit or cause to be deposited in accordance with this chapter all rubbish and garbage that is of such nature that it is perishable, or may decompose or may be scattered by wind or otherwise, which is accumulated on such premises. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-5: REFUSE COLLECTION:
It shall be unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any refuse over the streets or alleys of the city, or to dump or dispose of the same, unless and until such person has a contract therefor as an authorized representative of the city. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-6: REFUSE ACCUMULATION UNLAWFUL:
It shall be unlawful for any person to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any garbage or refuse as more particularly set out in section 5-3-2 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-7: CONTAINERS
It shall be the duty of every owner or occupant of any place where garbage or rubbish is created or accumulated to keep at all times or cause to be kept portable appurtenances consisting of approved containers for the deposit therein of rubbish and garbage and, except as otherwise provided, to dispose or cause to be disposed all rubbish and garbage therein.
Persons occupying residences within the city shall have garbage containers supplied by the city’s approved trash collection hauler.
Also, any limbs and bundles, trash, grass or other garbage or debris in plastic bags as long as said bundles or bags do not exceed seventy (70) pounds each or four feet (4′) in length may also be placed for pick up with the approved containers on the day of or the evening before regular pick up.
Businesses (nonresidential) places within the city shall have containers which are covered and reasonably airtight. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-8: COLLECTION AND FEE:
A. For residential and nonresidential garbage service, collection will be at least once a week. For nonresidential service, collection may be available more often than once a week upon special prior arrangements with the city and the collector.
B. The fee for residential and nonresidential service shall be set by resolution of the city council from time to time. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-9: METHOD OF PAYMENT; SANITARY FUND:
Fees shall be billed on the water or other utility or service bill and the same shall be paid with said bill. Said charges shall become delinquent in the same manner.
The proceeds from the collection of fees and charges herein provided shall be placed in a special fund or account, and all expenses of the city in the operation of the sanitary collection and disposal system shall be paid out of such fund; and any surplus remaining therein at the end of each fiscal year shall be transferred by the council to the general fund of the city. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-6-10: LICENSING AND CONTRACTING:
The council shall have sole authority to license or contract for the performance of all services pertaining to refuse collection and disposal. All rules, regulations and conduct of operations and all fees as provided for in this chapter shall be as determined and prescribed by the council. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)
3-7: UTILITY ACCOUNT ADMINISTRATION, BILLING, AND ENFORCEMENT:
3-7-1: SCOPE AND ACCOUNT HOLDERS:
This chapter governs the billing, collection, and enforcement of charges for utility and municipal services provided under this code, including domestic water service (chapter 1), electrical service (chapter 3), and sanitation service (chapter 6).
All utility and municipal service accounts shall be established in the name of the owner of record of the premises receiving service. For owner-occupied properties, the owner of record shall be the account holder. For rental properties, accounts shall be established and maintained in accordance with 3-7-2 of this chapter. No account shall be established or maintained in the name of a tenant except as provided in 3-7-2. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
A. OWNER AS ACCOUNT HOLDER. Effective October 1, 2026, all new utility and municipal service accounts for rental properties, including but not limited to domestic water, electrical, and sanitation service, shall be established and maintained in the name of the owner of record of the premises. The owner of record shall be solely responsible to the City for all charges, fees, and costs associated with service to the premises, regardless of any private arrangement between the owner and a tenant regarding payment of utility costs.
B. EXISTING TENANT ACCOUNTS. Utility accounts established in the name of a tenant prior to October 1, 2026 are grandfathered and shall be permitted to continue until the occurrence of one of the following trigger events, each of which operates independently on a per-account basis:
(1) The termination of the tenancy for that account;
(2) The transfer of ownership of the property, effective on the closing date;
(3) The voluntary closing of the account for any reason; or
(4) The disconnection of that specific account for nonpayment.
Each trigger event operates independently on a per-account basis. The occurrence of a trigger event for one account on a parcel does not require conversion of any other account on the same parcel or on any other parcel owned by the same owner. Upon a trigger event, the affected account shall be re-established in the name of the owner of record in accordance with subsection A of this section. After October 1, 2026, no new utility accounts may be established in the name of a tenant.
C. DISCONNECTION CONVERSION PROCESS. Upon disconnection of a tenant account for nonpayment, the tenant account terminates. The owner of record must come in to the City offices and establish a new account in the owner’s name for that specific unit or premises, pay the required deposit under 3-7-3 of this code, and complete all required account paperwork before service may be restored. The delinquent balance on the terminated tenant account remains the obligation of the tenant and shall not transfer to the owner of record’s new account. The City shall pursue collection of the tenant’s delinquent balance directly against the tenant.
D. SALE OR TRANSFER CONVERSION PROCESS. Upon the sale or transfer of any property containing tenant accounts, all existing tenant accounts on that parcel shall be closed on the closing date. The departing owner’s accounts shall be closed, deposits refunded, and pro rata charges settled as of the closing date pursuant to 3-7-13 of this code. The new owner of record must establish new accounts in the new owner’s name. Failure to establish accounts in the new owner’s name may result in discontinuation of service. The burden of timely account transition is on the new owner of record. The City is not required to provide notice to the new owner of the conversion obligation.
E. APPLICATION REQUIREMENTS. An owner of record establishing a utility account under this section shall provide the following to the Mayor: (1) proof of ownership of the premises, such as a recorded deed or current Minidoka County tax assessment record; (2) a mailing address to which utility bills shall be sent; and (3) current contact information for the owner or the owner’s authorized representative.
F. PROPERTY MANAGERS. An owner of record may designate a property manager or authorized representative to act on the owner’s behalf for purposes of account administration. Such designation shall be made in writing to the Mayor. Designation of a property manager does not relieve the owner of record of ultimate financial responsibility to the City for all charges associated with service to the premises.
G. NOTICE TO PROPERTY OWNERS. Upon adoption of this section, the Mayor shall provide written notice of the owner-of-record requirement to all property owners within the City using Minidoka County property tax records.
H. WRITTEN CONSENT TO INSPECTION. Utility account application form shall include a written consent to inspection clause. By signing the application, the account holder and the owner of record shall provide written consent to reasonable access by authorized City personnel and authorized contractors for, including but not limited to, meter reading, inspection, maintenance, repair, replacement, testing, and investigation of service irregularities including suspected tampering, theft of service, or cross-connection. Such consent is for any and all infrastructure associated with City provided services located on, near, or servicing the property. Municipal Services Department shall require execution of an updated application from all existing account holders when any alteration or update of their account occurs. This may also require transition from tenant to landlord as provided elsewhere in this Chapter. Such consent constitutes lawful consent for purposes of Idaho Code 18-7103, as may be amended. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-3: DEPOSITS:
A deposit shall be required per utility account of all utility account holders for domestic water service (chapter 1) and electrical service (chapter 3) as security for payment. Deposit amounts for each service shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk.
A. APPLICATION OF DEPOSIT. Deposits may be applied by the City at any time against a customer’s delinquent account. Upon voluntary or involuntary termination of service, the Mayor shall apply the deposit first toward the delinquent portion of the account, if any, and then to the currently due portion of the account, including any charges accrued up to the date of termination whether or not such charges are delinquent.
B. DAMAGE OFFSET. If there is any damage, other than normal wear and tear, to City-owned meters, service connections, or other City utility facilities at or serving the premises, any remaining portion of the deposit after application under subsection A may be applied to offset the actual costs of repair or replacement. The account holder shall be responsible for any costs of repair or replacement in excess of the deposit amount.
C. RETURN OF DEPOSIT. Any unused portion of the deposit remaining after application under subsections A and B shall be refunded to the account holder within thirty (30) days of termination of service.
D. NO INTEREST. No interest shall be paid on deposits, nor shall interest be credited to the customer’s account.
E. RESTORATION DEPOSIT. Upon termination of service for nonpayment, a new deposit shall be required before service is restored, in addition to payment of the delinquent balance and reconnection fees as set forth in 3-7-11 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-4: DUE DATES FOR CHARGES FOR SERVICES AND ACCOUNTS:
A. MONTHLY SERVICES. All monthly charges for domestic water service (chapter 1), electrical service (chapter 3), and sanitation service (chapter 6) shall be billed to the individual account for the premises to which the service is rendered. Charges incurred during the monthly billing period shall be due and payable as of the fifteenth day of the month following the billing period and become delinquent as of the sixteenth day of that month. Date of payment is the date the payment is actually received at the City offices, whether by mail or otherwise. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-5: APPLICATION OF PAYMENT:
All payments received for domestic water, electrical, and sanitation services provided in this code may be applied to the following services in the following order:
Service
Governing Chapter
1. Domestic water
Chapter 1 of this code
2. Sanitation
Chapter 6 of this code
3. Electrical
Chapter 3 of this code
All payments in the above priority shall be applied first to the delinquent portion of any account, if any there be, and then to the currently due portion of the account before any is applied to the next account in priority.
The Mayor shall have authority to accept partial payments to apply on the balance due and shall also have authority to accept prepayments to apply against all future billings. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-6: REMEDIES OF CITY: TERMINATION OF SERVICES:
The City shall have and does reserve to itself all civil and other remedies available to it by statute, common law, and the other remedies and procedures set forth in this code, to enforce collection of charges imposed in this chapter. All such remedies shall be considered cumulative to the degree allowed by law.
In addition to all other remedies, the City reserves the right to terminate service to a customer when the account for such service has become delinquent.
Further, in the event of nonpayment of any charge for service set forth in this chapter, the City may discontinue any one or more of the following services to such customer in order to enforce payment of such charges, even if the account for the service being discontinued is not itself delinquent: domestic water, electrical, or sanitation service. For example, the City may shut off domestic water service for nonpayment of sanitation charges, or shut off electrical service for nonpayment of domestic water charges. All cross-service terminations shall be subject to the pre-termination notice and hearing procedures set forth in 3-7-10 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-7: TAMPERING WITH METERS AND UTILITY INFRASTRUCTURE:
Any person who without prior authority of the Mayor intentionally alters, tampers with, disconnects, or reconnects any metering device used by the City to register, measure, or meter an amount of electricity, water, or other commodity or service delivered by the City to any customer, or causes any such metering device to register an inaccurate reading, shall be guilty of a misdemeanor.
Any person who, without prior authority of the Mayor, operates, opens, closes, activates, or deactivates any valve, shutoff, switch, breaker, or other service control on any City utility system — including domestic water or electrical systems — whether to turn service on or off, shall be guilty of a misdemeanor. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-8: UNAUTHORIZED CONNECTION AND UNAUTHORIZED USE:
Any person causing initial connection of any facilities to be served by the City domestic water or electrical systems without the required prior authorization, or who, without necessary prior authority, reconnects service to any of the said systems after having been disconnected for any reason whatsoever, shall be guilty of a misdemeanor.
No person shall divert, extend, or otherwise make available City-provided utility service to any premises, person, or account not authorized to receive such service, regardless of whether the original connection to the City system was authorized. Violation of this section is a misdemeanor. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-9: FAULTY METERING DEVICES:
In the event that a metering device, the information from which is used to determine the amount to be paid by a City customer for a City service or utility, fails to operate or becomes faulty or does not otherwise correctly and accurately display and register the information to be displayed or registered, the City shall be entitled to charge the customer for services rendered during the period of faulty operation the average of the two (2) preceding months during which such metering device did accurately operate. This provision is applicable whether or not the customer owned the premises at that time. In the event that there is no prior history for the premises served with such service, then the Mayor shall make a determination as to what other three (3) premises within the City would have a similar consumption and average the consumption for the said period of time and apply that as the conclusive amount due and owing for the period of faulty operation of the metering device. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-10: PROCEDURE FOR TERMINATION OF SERVICES:
This section establishes the pre-termination notice and hearing framework for all terminations of utility or municipal service under this code, including cross-service terminations under 3-7-6. The full procedure is set forth herein and is available at City offices.
A. DELINQUENCY. Customer accounts for utility service are delinquent if not paid in full by the fifteenth day of the month. Accounts not paid by the fifteenth are delinquent as of the sixteenth day of the month.
B. NOTICE. On or about the eighteenth day of the month, the City shall deliver a delinquency notice to the customer at the service address. The notice shall state the delinquent amount, the date by which payment must be made to avoid termination of service, and that failure to pay by that date or request a hearing may result in termination of service. The notice shall further advise the customer that delinquent accounts may be referred to a collection agency pursuant to Idaho Code § 67-2358, which may result in additional costs to the customer. If payment in full is not received by the date stated on the notice and no hearing has been requested, utility service may be terminated.
C. HEARING. A customer may request a pre-termination hearing before the Mayor within three (3) days of the shutoff date stated on the delinquency notice. The City shall not terminate service while a timely hearing request is pending. In extraordinary circumstances where standard collection remedies would be inadequate or would impose undue hardship, the Mayor may arrange a payment plan not to exceed ninety (90) days. Payment plans shall not be used as a routine alternative to timely payment. Adverse decisions of the Mayor may be appealed to the City Council. Adverse decisions of the City Council may be appealed to the appropriate court.
D. PAST DUE ACCOUNTS. Any owner of record who has a past due or delinquent utility account with the City must pay all past due balances in full before new or renewed service will be established at any property owned by that person.
E. NO TERMINATION DURING PENDING HEARING. The City shall not terminate service prior to the conclusion of any timely requested hearing. The City may, in its discretion, continue service during an appeal to the City Council. The City shall calendar hearing requests expeditiously. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-11: RESTORATION OF SERVICE:
After a service has been terminated, service may be restored upon payment of the delinquent account in full, payment of a new deposit as required under 3-7-3 of this code, and payment of the reconnection fees in advance to the Clerk. Reconnection fees shall be set by Resolution of the City Council and maintained in the current Rate Resolution on file with the Clerk. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-12: LATE PAYMENT FEE: RETURNED PAYMENTS:
A one-time late payment fee of ten percent (10%) of the balance due, with a minimum of two dollars fifty cents ($2.50), shall be assessed on any utility or service account balance remaining unpaid as of the sixteenth day of the month. Interest at one and seventy-five hundredths percent (1.75%) per month shall accrue on any unpaid balance commencing thirty (30) days after billing. These remedies are cumulative and apply to all utility and service accounts under this chapter.
Any payment returned, dishonored, or reversed for any reason shall be subject to a returned payment fee set by Resolution. The account shall be treated as unpaid from the original due date. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-13: ACCOUNT CHANGES: SALE OR TRANSFER OF PROPERTY: DEATH:
A. SALE OR TRANSFER OF PROPERTY.
1. ACCOUNT TRANSITION. Upon the sale or transfer of any premises receiving City utility service, all existing accounts on the parcel shall close on the closing date. The departing owner must notify the Mayor in advance of the closing date to coordinate account closure and deposit refunds. The new owner of record must establish new accounts in the new owner’s name on or before the closing date. The burden of timely account transition is on the parties to the transaction. The City is not required to provide notice of the conversion obligation to the new owner.
2. PRO RATA CHARGES. For flat-rate services — yard light and sanitation — charges shall be prorated to the closing date. The departing owner is responsible for charges through the closing date; the new owner is responsible for charges from the closing date forward. Flat-rate minimum charges for metered services such as domestic water and electrical meter fees shall also be prorated to the closing date. All metered services shall be billed based on actual consumption through the closing date.
3. PREPAID AMOUNTS. If the departing owner has prepaid any flat-rate service charges for a period beyond the closing date, the City shall refund the prorated overpayment to the departing owner within thirty (30) days of account closure. No credit shall be applied to the new owner’s account.
4. DELINQUENT BALANCES. Delinquent utility balances at closing are the responsibility of the departing owner and shall be addressed as part of the closing. If not paid at closing, the City may pursue the departing owner directly for collection, including referral to a collection agency pursuant to Idaho Code § 67-2358, which authorizes the addition of a collection agency fee not to exceed thirty-three percent (33%) of the delinquent balance. All delinquent accounts must be paid in full before utility service may be established or reestablished at any address by the delinquent owner.
5. UTILITY PAYOFF STATEMENT. Upon request of any person, the City shall provide a statement of all outstanding utility balances and charges for a premises. The statement shall be honored by the City as the payoff amount through an expiration date established by the Mayor at the time of issuance.
B. DEATH OF ACCOUNT HOLDER.
1. CONTINUATION OF SERVICE. Upon the death of a utility account holder, City service shall continue provided the account remains current. No immediate account transition is required solely by reason of the account holder’s death.
2. SURVIVING SPOUSE. If a surviving spouse is already on the account, no transition is required. If the surviving spouse is not on the account, the surviving spouse may have the account transferred into his or her name without payment of a new deposit.
3. ACCOUNT UPDATE. The account shall be updated to remove the deceased account holder within one hundred eighty (180) days of the City’s receipt of written notice of death. If the property is sold or transferred before the 180-day period expires, the sale or transfer provisions of subsection A apply immediately and govern.
4. DELINQUENCY. If the account becomes delinquent following the death of the account holder, the standard termination procedures under 3-7-10 of this code apply. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-14: NOTICE OF DELINQUENCY IN LAND RECORDS:
In addition to all other remedies available under this code, the City may, at its discretion, record a notice of utility service delinquency with the Minidoka County Recorder against the real property at the service address.
A. TRIGGER. The City may record a notice of delinquency after service has been terminated and remains unrestored for ninety (90) days.
B. CONTENTS. The notice shall identify the property, the delinquent account, and the amount outstanding including accrued fees and interest.
C. ADMINISTRATIVE FEE. An administrative fee for preparation and recording of the notice, and for preparation and recording of the release, shall be charged to the delinquent account in an amount set by Resolution of the City Council and maintained in the current Rate Resolution on file with the Clerk.
D. RELEASE. Upon payment in full of all outstanding charges, fees, interest, and administrative fees, the City shall promptly record a release of the notice with the Minidoka County Recorder. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
3-7-15: COUNTY TAX CERTIFICATION FOR DELINQUENT ACCOUNTS:
In addition to all other remedies available to the City under this code, the City may certify delinquent utility and municipal service account balances to the Minidoka County Assessor for collection through the property tax process.
A. ELIGIBLE ACCOUNTS. An account is eligible for county tax certification only if all of the following conditions are met: (1) service has been terminated for nonpayment; (2) the delinquent balance remains unpaid after termination; (3) the account has not been reopened; and (4) the account is held in the name of the owner of record of the premises pursuant to 3-7-2 of this chapter.
B. NOTICE REQUIRED. Prior to certifying any delinquent account balance to the County, the City shall provide written notice to the account holder by first-class mail to the account holder’s last known billing address. The notice shall: (1) identify the delinquent amount proposed for certification; (2) advise the account holder that the amount will be certified to the County for collection through the property tax process if not paid within twenty-one (21) days of the date of the notice; and (3) advise the account holder of the right to contact the Mayor to pay the balance or arrange a payment plan.
C. CERTIFICATION. If the account holder does not pay the delinquent balance or enter into a payment arrangement with the City within twenty-one (21) days of the notice required by subsection B, the City may certify the delinquent amount to the Minidoka County Assessor. The amount certified may include the principal balance due, accrued late fees and interest under 3-7-12 of this code, and a reasonable administrative fee as established by Resolution of the City Council and maintained in the current Rate Resolution on file with the Clerk.
D. NON-EXCLUSIVE REMEDY. County tax certification is a remedy in addition to, and not in lieu of, any other remedy available to the City under this code. The City may pursue service termination, civil collection, land record notice under 3-7-14, and county tax certification concurrently.
E. OWNER-OF-RECORD ACCOUNTS ONLY. County tax certification under this section shall apply only to accounts held in the name of the owner of record of the premises pursuant to 3-7-2 of this code. County tax certification shall not be used to collect delinquent balances on accounts held in the name of a tenant, former tenant, or any person other than the owner of record of the premises against which certification is sought. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)
Sagacity 