Ordinance #27: Zoning Ordinance of Georgetown, Idaho (see also #77)
An ordinance to regulate by districts or zones: The location and bulk of buildings and other structures; the percentage of lot which may be occupied by buildings; the size of courts, lots, and other open spaces; the uses of buildings, structures and land for trade, industry, residence, recreation, public activities, or other purposes.
This ordinance is designed for the following purposes:
1. To promote safety, health, morals convenience and general welfare.
2. To assist in guiding the future development of the village in accordance with a plan.
3. To protect the character, and social and economic stability of residential, commercial and other areas or zones within the village and to assure the orderly and beneficial development of such areas.
BE IT ORDAINED by the Chairman and Village Board of Georgetown, Idaho as follows:
TITLE: This ordinance shall be known as the Zoning Ordinance of Georgetown, Idaho.
ESTABLISHMENT OF DISTRICTS: The five (5) districts established by this ordinance are as follows:
R-1 Residential District
R-2 Residential District
C-1 Commercial District
C-2 Commercial District
M-1 Industrial District
BOUNDARIES OF DISTRICTS:
1. The boundaries of each of the said districts are hereby established and set forth on the map entitled Zoning Map of Georgetown, Idaho, which map is attached and made a part of this ordinance.
2. Where uncertainty exists as to the boundaries of any district the following rules shall apply:
A. Where such boundaries are indicated as approximately upon street, or alley lines, such street and alley lines shall be construed to be such boundaries.
B. Where such boundaries are indicated as approximately upon property lines, and are not more than ten (10) feet distant there from such property lines shall be construed to be such boundaries.
C. Where such district boundary lines cannot be determined by the above rules, their location may be found by the use of the scale appearing on the map.
DEFINITIONS: For the purposes of this ordinance, certain words, and terms are herewith defined. Words in the present tense include the future; words in the singular number include the plural and plural the singular:
1. Agriculture: the tilling of the soil, the raising of crops, gardening, livestock farming, and dairying, but not including any agricultural industry or business such as packing plants, fur farms, commercial feed yards, animal hospitals or similar uses.
2. Alley: a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots, not intended for general traffic circulation and not less than twenty-six (26) feet in width.
3. Apartment: A room, or suite of two or more rooms, which is designed for, intended for or occupied by one family doing its cooking therein.
4. Apartment House: A building or portion thereof used or intended to be used as the home of three or more families or householders living independently of each other.
5. Automobile Court: A group of two or more detached or semi-detached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed, intended or used primarily for the accommodation of automobile travelers; including groups designated as auto cabins, motor lodges, motels and by similar designations.
6. Automobile Wrecking: see Junk Yard
7. Boarding House: A building, other than a hotel or restaurant, where meals for five (5) or more regular patrons are served for compensation.
8. Building: Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire-wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building.
9. Building Accessory: A subordinate building, the sure of which is incidental to that of a main building on the same lot.
10. Building, Height of: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the mean height level between ridge and eaves of hip or gambrel roof.
11. Business: The word “business” or the word “commerce” means the engaging in the purchase, sale, barter, or exchange of goods, wares or merchandise; the maintenance or operation of offices or recreational or amusement enterprises.
12. Court: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
13. Dwelling: Any building, or portion thereof, which is used for residential purposes, except hotels, boarding houses, lodging houses or motels.
14. Dwelling, one-family: A detached building designed for, or occupied exclusively by, one family.
15. Dwelling, two-family: A detached building designed for or occupied exclusively by two families living independently of each other.
16. Dwelling, multiple: A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking in said building including apartment houses, and flats, but not including auto courts.
17. Dwelling, group: A group of two or more detached or semi-detached one-family, two family, or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including auto courts.
18. Established Grade: A curb line grade at the front lot line as established by the village board.
19. Family: One or more persons occupying a premises and living as a single, non-profit housekeeping unit, as distinguished from a group occupying a hotel, club, or boarding house.
20. Frontage: The butting of any property or portion thereof upon land dedicated to the public use, railroad and similar rights-of-ways or meandered water courses.
21. Garage, private: an accessory building only for the storage of self-propelled vehicles when t he storage space does not exceed that necessary for:
A. In any R-1 district, three vehicles for each lot
B. In an R-2 district, three vehicles for each lot or one vehicle for each family housed on the lot.
22. Garage, public: any premises, except those herein defined as a private or storage garage, used for the storage or care of self-propelled vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale.
23. Garage, storage: Any premises, except those herein defined as a private garage, used exclusively for the storage of self-propelled vehicles.
24. Guest room: a room which is intended arranged or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes.
25. Home occupation: any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purpose and does not change the character thereof. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourists homes and animal hospitals shall not be deemed to be home occupations.
26. Hospitals: unless otherwise specified, the terms “hospital”, “sanitarium”, sanatorium, preventorium, clinic, rest homes, and other care of ailments shall be deemed to be limited to places for the treatment or other care of human ailments.
27. Hotel: any building or portion thereof containing six (6) or more guest rooms which is used, designed or intended to be used as the more or less temporary abiding place of individuals who are lodged with or without meals and no provision is made for cooking in an individual room or apartment.
28. House, lodging: a building or portion thereof containing less than six (6) guest rooms which is used, designed or intended to be used to furnish lodging to persons for compensation.
29. Junk Yard: any area used for the storage, keeping or abandonment of junk, including scarp metals or other scrap material, or for the dismantling demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. Provided, however, that this definition shall be not deemed it include any agricultural use in an R district, not to include a temporary piling of waste material in an area of less than two hundred (200) square feet in the rear part of an interior lot or the inside rear part of a corner lot in any district.
30. Lot: land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this ordinance, having not less than the minimum area required by this ordinance for a lot in the district in which such lot is situated, and having its principal frontage on a street.
31. Lot, corner: a lot of which at least two adjacent sides abut for their full length upon a street.
32. Lot, interior: a lot other than a corner lot.
33. Non-conforming use: Use of a building or of land that does not conform to the regulations for the district in which it is situated.
34. Sign: As used in the regulations contained in this ordinance, the term “sign” shall mean any outdoor advertising sign or outdoor advertising structure.
35. Set-Back: the minimum horizontal distance between the street line and the front line of the building or any projection thereof.
36. Story: that portion of a building included between he surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between eh floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over one-third (1/3) of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more.
37. Story-Half: a story with a least two opposite exterior sides meeting a sloping roof and does not exceed two-thirds (2/3) of the floor area of the story immediately below it.
38. Street: a public or private thoroughfare which afford the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway,. Road and any other thorough fare except an alley.
39. Structural Alterations: any change in the supporting members of a building, such as bearing walls, columns, beams and girders.
40. Trailer: a vehicle with or without motive power, used for human habitation.
41. Trailer Court: Any area or tract of land used or designed to accommodate two (2) or more trailers.
42. Use, accessory: a use incidental and accessory to the principal use of a lot or a building located on the same lot as an accessory use.
43. Yard: an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward.
44. Yard, front: a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
45. Yard, side: a yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yard to the front or rear lot line, as may be.
46. Yard, rear: a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
The following regulations shall apply in all R-1 districts:
1. Use Regulations: In residential district R-1, no building or land shall be used and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses:
A. Single family dwellings
B. Public parks, public playgrounds, and other recreational facilities of a non-commercial nature.
C. Crop and tree farming and truck gardening
D. Home occupations, provided that there shall be no external evidence of any home occupation except a name plate not exceeding one(1) square foot in area, provided that there shall be no red illumination of such name plate and that any illumination thereof shall not exceed ten (10) watts, and shall be so shielded that it illuminates only the name plate.
E. Accessory building and accessory uses
F. Schools offering general educational courses, provided they are located on a site of not less than two (2) acres and have no portion of the school building closer than one hundred fifty (150) feet to any interior lot line.
G. Libraries, churches, and civic and community building provided they are located on sites of not less than one-half (½) acre and that no such use shall be conducted closer than fifty (50) feet to any interior lot line.
H. In any R-1 district in which the land is predominantly vacant or occupied by agricultural uses, the keeping of cows, horses, and fowl, pending residential occupancy shall be subject to the following limitations:
1. There may be kept not more than one cow or one horse for each one-half (½) acre of the parcel of land upon which the same are kept nor more than fifty (50) fowl for each one-quarter (¼) acre in area of the parcel upon which the same are kept, to a maximum of three cows, three horses, or two-hundred (200) fowl maintained in any one establishment.
2. No cows or horses shall be kept within a distance of fifty (50) feet from any street line, nor within a distance of three hundred (300) feet from any dwelling other than a dwelling on the parcel of land on which the same are kept, nor within a distance of fifty (50) feet from any dwelling.
3. More than twelve (12) fowl shall not be kept within a distance of fifty (50) feet from any street line, nor within a distance of one hundred (100) feet from any dwelling other than a dwelling on the parcel of land on which the same are kept, nor within a distance of fifty (50) feet from any dwelling.
4. The conditions under which cows, horses, and fowl are kept, shall be such as may be specified by any health authority of proper jurisdiction.
2. Building Height Limit: two (2) stories but not exceeding thirty (30) feet in height.
3. Required Lot Area: Each one-family dwelling together with its accessory buildings, hereafter erected shall be located on a lot having an area of not less than eight thousand (8000) square feet and a minimum width of seventy (70) feet at the building setback line. Provided, however, that where a lot has less area or width than herein required and was held under separate and distinct ownership from the adjoining lots and of record prior to the taking effect of this ordinance, this regulation shall not operate.
4. Percentage of Lot Coverage: All building, including accessory building, on any lot shall not cover more than thirty (30) percent of the area of such lot.
5. Front Yard Required: Each lot shall have a front yard not less than thirty (30) feet in depth.
6. Side Yards Required: Each lot shall have two side yards each having a width equal to not less than one-third (1/3) the height of the building measured on the facade facing the side yard. The minimum width of a side yard shall be eight (8) feet and the total of the two side yards shall be not less than eighteen (18) feet. On corner lots, the side yard which faces on a street shall be not less than thirty (30) feet for both main and accessory buildings.
7. Rear Yard Required: Each lot shall have a rear yard of a depth equal to not less than twenty (20) percent of the depth of the parcel of land constituting the lot, to a maximum required depth of thirty (30) feet; provided, however, that no rear yard shall have a depth less than the height of the main building on the lot.
8. Street Width Required: All streets in new subdivisions shall have a minimum width of fifty (50) feet and shall be subject to the approval of the Village Board.
The following regulations shall apply in all R-2 districts:
1. USE REGULATIONS
In residential district R-2 no building or land shall be used and no building shall be erected which is arranged, intended, or designed to be used for other than one or more of the following uses:
A. All uses permitted in R-1 districts.
B. Multiple dwellings
C. Boarding and lodging houses.
D. Hotels and funeral parlors, but only on lots which are contiguous to the boundary of a C district.
E. Private clubs, fraternities and lodges; excepting those selling or furnishing the members beer, wine or intoxicating liquors, and also excepting those the chief activity of which is a service customarily carried on as a business.
F. In a hotel designed, constructed or used for fifty or more guest rooms, there may be conducted a business incidental thereto for the convenience of the occupants and guests thereof; provided that there shall be no entrance to such business except from the inside of the building in which the same is coated, and that the floor area used for business purposes shall not exceed twenty-five (25) percent of the ground area of such building, and sued for any such business and that no sign shall be exhibited on the outside of any such building in connection with such business.
G. Accessory buildings and accessory uses.
H. Hospitals, rest homes, sanitariums, clinics, etc. Except those for inebriates, the insane and those suffering from mental diseases; provided, however, that no such use shall be established on a parcel of land of less than one-half (½) acre in area, and provided, further, that no part of any such use shall be conducted at a distance of less than fifty (50) feet from any interior lot line.
I. AGRICULTURE: as defined under definitions of this ordinance.
2. AREA REGULATIONS
The minimum lot area shall be not less than eight thousand (8000) square feet for each one-family dwelling, with one thousand (1000) square feet additional for each additional dwelling unit in a building having more than one dwelling unit.
3. FRONT YARD REQUIRED
Each lot shall have a front yard not less than fifteen (15) feet in depth and no farm buildings or corral shall be permitted closer than fifteen (15) feet to the front property line. Corrals shall be screened with a board fence six (6) feet high or suitable shrubs.
4. YARD AND HEIGHT REGULATIONS
Same as for R-1 except side yard of corner lots which shall be not less than fifteen (15) feet.
5. REQUIRED COURT DIMENSIONS
A. Outer Courts:
1. Each outer court on which windows open from any room other than a kitchen, a bathroom or a closet shall have a width equal to not less than the height of the building above the floor level of the story containing such room, but no such court shall have a width of less than twenty (20) feet; and each court shall have a depth of not more than one and one-half (1 ½) times its actual width; provided, however, that any such outer court with depth of not more than six (6) feet need not have a width exceeding twenty (20) feet.
2. Any other outer court shall have a width equal to not less than one-third (1/3) the height of the building above the floor level of the lowest story served by such court, but no such court shall have a width of less than ten (10) feet; and each such court shall have depth not greater than twice its actual width; provided, however, that any such outer court with a depth of not more than six (6) feet need not have a width exceeding ten (10) feet.
3. Inner Courts:
An inner court shall not have any horizontal dimension, measured at right, angles to any wall in which are located windows which open from any room other than a kitchen, a bathroom or a closet, which is less than the height of the building above the floor level of the story containing such room. No other dimension of such court shall be less than one-third (1/3) the height of the building above the floor level of the lowest story served by such court. The horizontal area of any inner court shall be not less than twice the square of its width.
The following regulations shall apply in all C-1 Districts:
1. USE REGULATIONS
In commercial District C-1, no building or land shall be used and no building shall be erected which is arranged, intended, or designed to be used for other than one or more of the following uses:
A. All uses permitted in any R-1 or R-2 District.
B. Retail stores and shops, limited to uses needed to serve a residential district, such as a grocery store, meat shop, retail baker, drug store, personal service stores, or parlors, and uses similar to the above, provided that nothing herein shall be construed to permit the establishment of beer parlors or any other establishment for the purposes of drinking beer, wine, or alcoholic liquors on the premises.
C. Automobile courts and service stations for the sale of gasoline, oil and minor accessories only.
D. Signs and posters advertising only products made or sold on the premises or services offered on the premises provided that the same front and side yard provisions as required for buildings are complied with.
E. Accessory buildings and accessory uses.
2. BUILDING HEIGHT LIMITS
Two stories but not exceeding thirty-five (35) feet in height.
3. YARD REGULATIONS
A. Side yards-For dwellings, same as for Residential District R-2; otherwise, wherever a building is constructed upon a lot adjacent to a Residential District boundary, there shall be provided a side yard of not less than ten (10) feet on the side of the building adjacent to the district boundary line, and on corner lots, the side yard which faces on a street shall be not less than twenty (20) feet. The minimum width of lots shall be not less than sixty (60) feet.
4. OTHER REGULATIONS
A. For every commercial, service or institutional use there shall be provided space, either inside or outside a building, for the unloading of goods and materials, which space shall be not less than fifteen (15) feet in width, nor less than twenty-five (25) feet in length, nor less than fifteen (15) feet in height, and which space shall be provided with access to an alley or street.
The following regulations shall apply in all C-2 Districts:
1. USE REGULATIONS
In commercial District C-2, no building or land shall be used and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses:
A. Any use permitted in Commercial District C-1
C. Retail stores or businesses
D. Advertising signs or structures and billboards; amusement enterprises, including a billiard or pool hall, bowling alley, boxing arena, dance hall, games of skill and science, penny arcade, shooting gallery, in-door theatre; apartment hotels, apartment motels, automobile and trailer sales area.
E. Baths; beer parlor, pet shop or taxidermist; bird store; bus depot, blueprinting or Photostatting.
F. Circus or amusement enterprise of similar type transient in character; cleaning establishment.
G. Department, furniture, or radio store; dry goods or notions store; bottling works.
H. Electrical and heating equipment employment agency.
I. Film exchange; feed store; fuel store; farm machinery sales.
J. Hospitals or sanitariums (except animal hospitals); hotels.
K. Laundry; liquor store; laboratories
L. Manufacture of goods to be sold at retail on the premises; medical or dental clinics or laboratories; millinery shop; music conservatory or music instruction; monument works, retail; mortuary, motels.
M. Newsstand; nursery, flower or plant store.
N. Pawnshop; plumbing or sheet metal shop; parcel delivery service printing, lithographing, or publishing, public garage, including automobile repairing and incidental welding, body and fender work, painting or upholstering, public auctions, public services, including electric distributing substation, fire or police station, telephone exchange, and the like.
O. Second-hand store; seed store; storage building; sign-painting shop; studios.
P. Tire shop; trade school.
Q. Upholstering shop.
R. Accessory uses and buildings customarily incidental to the above.
S. Trailer courts.
2. SPECIAL PROVISIONS
The above specified shops, stores, or businesses shall be conducted wholly within an enclosed building, except for the sale of gasoline and oil by service stations, the parking of automobiles, service to persons in automobiles, advertising, automobile or trailer sales and rental, and farm machinery storage.
3. FRONTAGE REGULATIONS
Shall be the same as C-1
4. YARD REGULATIONS
Shall be the same as C-1
5. HEIGHT REGULATIONS
Shall be same as for C-1 District.
The following regulations shall apply in all M-1 Districts:
1. USE REGULATIONS
In Industrial District M-1, no building or land shall be used an no building shall be erected which is arranged, intended or designed for other than one or more of the following uses:
A. Any use permitted in Commercial District C-2 or Residential District R-2 except in the following which are prohibited unless incidental to and located upon the same piece of property as a commercial or industrial use permitted in the district:
4. Multiple dwelling or group houses; boarding or lodging house.
5. Apartment motel, hotel, fraternity or sorority.
B. Blacksmith shop, welding, or machine shop; battery manufacture.
C. Foundry, casting lightweight non-ferrous metal, not causing noxious fumes or odors.
D. Manufacture, compounding, processing, packaging, or treatment of food products including the following; fish, meat, sauerkraut, pickles, vinegar, yeast, and the rendering of fats and oils.
E. Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.
F. Packing plants; livestock feed yards; storage elevators.
G. Contractor’s equipment storage yard or plant, or rental or equipment commonly used by contractors; concrete mixing plants; coal and wood yards.
H. Junk yards, provided, that it is conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall, or uniformly-painted board fence at least six (6) feet high.
I. Accessory uses and building customarily incidental to the above.
2. AREA, FRONTAGE, YARD AND HEIGHT REGULATIONS
None, except for dwellings, which shall meet the same requirements as for Residential District R-2.
3. COVERAGE REGULATIONS
No building or group of buildings, with their accessory buildings, shall cover more than seventy (70) percent of the area of the lot.
The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.
1. ADDITIONAL USE REGULATIONS
The requirements of this ordinance as to minimum building site shall not be construed to prevent the uses for a single-family dwelling of any lot or parcel of land in the event that such lot or parcel of land is held in separate ownership at the time this ordinance becomes effective.
2. ADDITIONAL AREA REGULATIONS
A. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance, shall be considered as providing a yard or open space for any other buildings; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
B. Every main residential building shall be located and maintained on a “lot” as defined in this ordinance, and all parts of such buildings shall be connected in a substantial manner by common walls or a continuous roof. Except for group houses, or as provided in the definition of “lot” there shall be no more than one (1) such building on a lot.
3. ADDITIONAL YARD REGULATIONS
A. On any lot under a separate ownership from adjacent lots and of record at the time of passing of this ordinance, and such lot having a smaller frontage than required for the District in which it is located and two required side yards for a single-family dwelling shall total in width at least thirty (30) percent of the lot: PROVIDED, that in no case shall the smaller of the two side yards be less than five (5) feet or the larger of the two side yards be less than eight (8) feet, and that on a corner lot the side yard adjacent to the street not less than ten (10) feet in width; PROVIDED FURTHER that no main buildings shall be built nearer than ten (10) feet to any existing main building on adjacent lot.
B. Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary city projections of skylights, sills, belt courses, cornices and other ornamental features.
C. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five (5) feet and the ordinary projections of chimneys and flues are permitted.
4. ADDITIONAL HEIGHT REGULATIONS
A. Public, semi-public service buildings or hotels, when authorized in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each otherwise established building line at lease one (1) foot for each additional foot of building height above the normal height limit required for the district in which the building is erected.
B. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylight, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless masts, theatre lofts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limits shall be allowed for the purpose of providing additional floor space.
C. No dwelling shall be erected to a height less than ten (10) feet.
5. CLEAR VIEW OF INTERSECTING STREETS
No obstruction to view in excess of two (2) feet in height, except a reasonable number of lawn trees, shall be maintained on the premises of a corner lot between the front and side street lines and the building lines, PROVIDED, that such trees as are pruned high enough to permit unobstructed vision to automobile drivers.
6. ANIMALS AND FOWL
No animals or fowl, which are allowed to be kept under the provisions of this ordinance shall be kept or maintained closer than fifty (50) feet to any dwelling.
7. BUILDING REGULATIONS
Domestic water supply and sewage disposal shall comply with the applicable Board of Health standard as represented by a certificate of approval from said Board of Health in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available.
8. OFF STREET PERKING AND SPACE REGULATIONS
A. Automobile parking space: in any Residential, Commercial 1 or Commercial 2 Districts, there shall be provided at the time any main building is constructed, enlarged or increased in capacity, minimum off-street parking space with adequate provision for ingress and egress by standard-sized automobiles as follows:
1. Parking space for Dwellings: there shall be provided in a private garage, or in an area properly located for a future garage space for the parking of one (1) automobile for each dwelling unit in a new building, or for each dwelling unit added in the case of the enlargement of an existing building.
2. For buildings other than dwellings: For a new building or for any enlargement or increase in a seating capacity, floor area, or guest rooms, or any existing main building, there shall be at least one (1) permanently maintained parking space of not less than two hundred (200) square feet in net area as follows:
(a) for church, high school, college and university auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one (1) parking space for every ten (10) fixed seats provided in said building or structure.
(b) for hospitals, at least (1) parking space for each two (2) beds capacity, including infants cribs and children’s beds, for medical and dental clinics, at least ten (10) parking spaces, PROVIDED, that three (3) additional parking spaces be provided for each doctor or dentist having offices in such clinic in excess of three doctors or dentists.
c.) for motels and apartment motels, at least one (1) parking space for each individual sleeping or living unit; for hotels and apartment hotels, at least one (1) parking space for each two sleeping rooms, up to and including the first twenty (20) sleeping rooms, and one (1) parking space for each three (3) sleeping rooms over twenty (20).
(d) for boarding and/or lodging houses, dormitories, fraternities, and sororities, at least one (1) parking space for every three (3) persons for whose accommodations the building is designed or used. (e) for restaurants or establishments that serve meals, lunches or drinks to patrons either in their cars or in the building, for retail stores selling direct to the public, and for dance hall and recreational places of assembly, at least one (1) space for each two hundred (200) square feet of floor space in the building.
(f) for mortuaries, at least thirty (30) parking spaces, and for liquor stores, at least twenty (20) parking spaces. (g) for industrial buildings and industrial areas without a building adequate parking shall be provided for employees and customers.
B. Public parking Lot: every parcel of land hereafter used as a public parking area shall be paved with an asphalted or concrete surfacing and shall have appropriate bumper guards where needed. Any lights used to illuminate said parking area shall be so arranged as to reflect the light away from adjoining premises in any Residential District.
1. Any lawful use of building or land at the time of the passage of this ordinance that does not conform to the regulations prescribed in this ordinance shall be deemed a non-conforming use, and such may be continued, but if such non-conforming use is discontinued for the period of one year or more, except for residential structures and accessory farm buildings, any future use of said building or land must be in conformity with the provisions of this ordinance. A non-conforming use, may be extended to more floor area throughout a building. A non-conforming use, if changed to a conforming use, may not thereafter be changed back to any non-conforming use.
2. Repairs and structural alterations may be made to a non-conforming building, provided that the floor space of such building is not increased.
3. A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity, or act of God, or public enemy, to the extent of not more than two and one-half (2 ½) times its assessed value at the time, may be restored and the occupancy or use of such building or structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion. In the event such damage or destruction exceeds two and one-half (2 ½) times the assessed valuation of such non-conforming building or structure, no repairs or reconstruction, except in case of dwelling structures and accessory farm buildings, shall be made unless every part of such buildings or structure is made to conform to all regulations for new buildings in the zone in which it is located.
CHANGES AND AMENDMENTS
Any application for an amendment to this ordinance shall be submitted to the Village Board. All such applications received by the Village Board during the months of January, February and March, shall be presented to the Village Board during the first two (2) weeks in April; applications received during July, August and September shall be similarly presented in October; and applications received during October, November and December shall be presented during the first two (2) weeks of the following January. Applications received during April, May and June shall be presented similarly in July.
The Village Board shall provide notice of a public hearing to be held on such proposed amendments by publishing such notice in a newspaper of general circulation in the village at least once, fifteen days before such hearing is to be held. Such notice shall state the time and place where the ordinance and map showing such proposed amendments (or amendment) are posted, and may be read by the public. After such hearing, the Village Board may amend the ordinance.
BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY
1. Building Permit Required: the construction, alterations, repair, removal or occupancy of any structure or any part thereof, as provided for in this ordinance shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the Building Inspector; provided that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined herein, or as determined by the Building Inspector.
2. Certificate of Occupancy Required: No land shall be occupied or used and no building hereafter erected or structurally altered, shall be occupied or used, in whole or in part, for any residential, commercial, or industrial purpose until a certificate is issued by the Building Inspector, stating that the building and the use comply with the provisions of this ordinance and with the Building Code of Georgetown. No such certificate shall be issued unless the building and its uses and its accessory uses, and the uses of all the premises are in conformity with the provisions of this ordinance and with the Building Code. A Certificate of Occupancy shall be applied for coincidentally with the application for a Building Permit, and shall be issued within ten (10) days after the lawful building is completed and a request for such a permit is made by the applicant.
AREAS ANNEXED TO THE VILLAGE
New areas annexed to Georgetown, Idaho, shall automatically be classified as lying and being in Residential District R-1, until such classification shall have been changed by an amendment to the Zoning Ordinance, as provided by law.
ADMINISTRATION, ENFORCEMENT, VIOLATION AND PENALTY
1. Administration and enforcement of this ordinance shall be the responsibility of the Building Inspector, but the Village Board, by resolution or ordinance, may from time to time entrust the administration and enforcement of some part or the whole of this ordinance to any other officer of Georgetown without amendment to this ordinance.
2. All applications for building permits shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the existing buildings, to be erected, and the buildings existing on adjacent property, and such other information as may be necessary to provide for the enforcement of this ordinance. A careful record of such application and plats shall be kept in the office of the Building Inspector or other officer charged with administration and enforcement. No yard or open space provided about any building for the purpose of complying with the provisions of these regulations shall be used as a yard or open space for another building.
3. Any violation of any provision of this ordinance shall be deemed a misdemeanor. Each day a violation is permitted to exist shall constitute a separate offense.
Should any section, clause, or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole, or any part thereof other than the part so declared invalid.
BOARD OF ADJUSTMENT
A. There shall be appointed by the Village Board of Georgetown, Idaho, a Board of Adjustment consisting of five members, who shall serve without pay, each to be appointed by the Village Board of Georgetown for a term of five (5) years; PROVIDED, that the terms of the members of the first board so appointed shall be such that the term of one member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B. The Board of Adjustment shall organize and elect a chairman and adopt rules in accordance with the provisions of this ordinance and other laws. Meetings of the Board shall be held at the call of the chairman and at such times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of members upon each question, of those absent and failing to vote, indicating such fact, and shall keep records of its examinations and other official action; all of which shall be immediately filed in the office of the Board and shall be a public record.
2. POWERS OF THE BOARD
Upon appeals, the Board of Adjustment shall have the following powers:
A. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement ,decision or refusal made in the enforcement of this ordinance.
B. To hear and decide requests for special exceptions or for decisions upon other special questions upon which such Board is authorized by this ordinance to pass.
C. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interests, where owing to special conditions a literal enforcement of the provision of this ordinance will result in unnecessary hardship; PROVIDED, that the spirit of this ordinance shall be observed and substantial justice done.
D. In exercising the above-mentioned powers such Board may, in conformity with the provision of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken; PROVIDED, that before any variance may be granted, it shall be shown that special circumstances attach to the property covered by the application which do not generally apply to the other property in the same district; that because of said special circumstance, property covered by the application is deprived of privileges possessed by other properties in the same district; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district and vicinity.
E. The concurring vote of a majority of the five members of the Board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the applicant on any matter on which it is required, to pass or to effect any such variation in this ordinance.
F. The Village Board may act as the Board of Adjustment during such time until a Board of Adjustment is appointed.
In the opinion of the Village Board, it is necessary to the health, peace and safety of the inhabitants of Georgetown, Idaho, that this ordinance shall take effect upon its first publication. The ordinance shall repeal all ordinances or parts of ordinances in conflict herewith.
PASSED AND APPROVED by the village Board of Georgetown, Idaho, 26 August 1957
W. W. Hayes, Chairman
M. Floyd Clark, Clerk
Published in News-Examiner 12 Sept., 1957
AMENDMENT TO ORDNANCE #27
Fences, walls, and hedges are permitted in any required, yard or along the edge of any yard to a height of six (6) feet; PROVIDED, that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three feet (3) in height; PROVIDED, however, that if said fence is a see-through fence, such fence may be built to a height not to exceed four (4) feet. On a corner lot in any residential district, nothing, except see-through fences to a maximum height of four (4) feet which do not materially impede vision, shall be erected, placed, planted, or allowed to grow in any such manner between a height of three (3) feet and ten (10) feet above the center line grades of intersecting streets bounded by the property lines of such corner lots on a line joining points along said property lines for thirty (30) feet.
PASSED BY THE CITY COUNCIL and approved by the Mayor of the City of Georgetown, Idaho this 7th day of December 2004.
Albert K. Johnson, Mayor
Marty Nate, City Clerk
This ordinance is amended by ordinance #77