NOTICE OF PUBLIC HEARING
AND SUMMARY OF PROPOSED ORDINANCE
TAKE NOTICE that the Mayor and Nezperce City Council intend to adopt Nezperce City Ordinance No. _2022-3 , (“Nezperce Zoning Ordinance”), pursuant to Chapter 65, Title 67, Idaho Code, establishing zoning, zoning districts, building and land use regulations within the city of Nezperce, Lewis County, Idaho, consistent with the City of Nezperce Comprehensive Plan and Chapter 65, Title 67, Idaho Code.
TAKE FURTHER NOTICE that a public hearing before the Nezperce City Council pursuant to Idaho Code § 67-6509, to consider adoption of the Nezperce Zoning Ordinance shall be held at the following date, time and place:
Date: ___July 25, 2022__
Time: _____7:00__ PM
Place: City Council Chambers
Nezperce City Hall
606 Maple St
Nezperce, ID 83543
Pursuant to Idaho Code §§ 67-6509, a summary of the proposed ordinance is provided as follows:
Name of City: City of Nezperce, Lewis County, Idaho.
Identification of Ordinance: Nezperce City Ordinance No. __2022-3___.
Descriptive Title: Nezperce Zoning Ordinance.
Summary of Principal Provisions of Ordinance: The following is a summary of the principal provisions of the proposed ordinance:
SECTION 1: Adopting the following as the Nezperce Zoning Ordinance, to be codified as Chapters 1 through 10, Title 9, of the Nezperce Municipal Code:
TITLE, ZONING DISTRICTS AND MAP
Providing that the ordinance shall be known as the “NEZPERCE ZONING ORDINANCE”.
9-1-2: ZONING DISTRICTS:
Providing the following zoning district classifications under the ordinance:
Zone A: East Residential zone
Zone B: West Residential zone
Zone C: Commercial & Mixed-Use zone
Zone D: Industrial zone
Zone E: Wellhead Protection zone
9-1-3: ZONING DISTRICT BOUNDARIES AND ZONING MAP – AMENDMENTS:
Providing that all lands within the city shall have the zoning district classification as designated in Exhibit A attached to and incorporated in the ordinance, and shall be subject to the provisions of the ordinance applicable within the designated zoning district.
Adopting a zoning map and establishing requirements for zoning map as set forth in Exhibit B attached to and incorporated in the ordinance.
Providing that amendments to zoning district classifications, zoning district boundaries and zoning map shall be made in compliance with applicable laws.
Providing definitions applicable under the ordinance.
9-3-1: PLANNING AND ZONING COMMISSON – APPLICABILITY:
Providing definitions of “planning and zoning commission” and “commission”, and providing that the city council shall have all powers to act as the planning and zoning commission if no separate planning and zoning commission is then duly formed and appointed.
Providing that the provisions of the Chapter shall apply to all chapters under the ordinance unless otherwise provided in the ordinance.
9-3-2: ZONING OF STREETS AND PUBLIC WAYS:
Providing for zoning of streets, alleys and public ways.
9-3-3: UNAUTHORIZED DEVELOPMENT OR USE PROHIBITED – NONCONFORMING USE/LOT/STRUCTURE:
Providing that unless otherwise provided under this ordinance, no structure may be erected, converted, enlarged, reconstructed or structurally altered, nor shall any structure or lands be developed or used for any purpose, except in compliance with the ordinance.
Providing exemptions for certain nonconforming uses, lots and structures, and providing for loss of nonconforming exemption under certain circumstances.
9-3-4: HEIGHT OF STRUCTURES AND ANTENNAS:
Prohibiting erection of a structure more than twenty-five feet (25’) in height of the applicable structure height limits for the zoning district in which it is situated.
Providing that communications, television, telephone, internet, radio or similar aerials and antennas shall not exceed sixty feet (60’) in height above the ground level.
9-3-5: YARD AREA CALCULATION:
Providing for calculation of yard areas and open spaces required under the ordinance.
Prohibiting encroachment of structures into minimum yard and open spaces required under the Chapter.
Providing exceptions for open terraces, bay windows, eaves and gutters.
9-3-7: MANUFACTURED HOMES:
Providing development standards for manufactured homes or mobile homes on any lot
9-3-8: ONE DWELLING PER LOT:
Providing that no more than one (1) structure, manufactured home or mobile home may be constructed, maintained or used as a dwelling or dwelling unit on any lot unless otherwise provided under the ordinance.
9-3-9: SUBSTANDARD LOTS:
Authorizing city to grant a conditional use permits to allow use of lots that do not meet space requirements for yards or open space.
9-3-10: ACCESS TO PUBLIC WAY REQUIRED:
Prohibiting construction, erection or maintenance of buildings without legal access to a public street.
9-3-11: TRAFFIC/SIGHT OBSTRUCTIONS:
Prohibiting improvements and vegetation on lots from obstructing any public sidewalk, alley, street or public way, or obstructing or interfering with traffic visibility from any adjacent public sidewalks, alleys, streets or public ways, and providing minimum set back distances for improvements.
9-3-12: EXISTING CONSTRUCTION PROJECTS:
Providing that nothing in the ordinance requires any change in the place, construction or designed use of any structure upon a lot lawfully commenced prior to enactment the ordinance that has been diligently carried on and is completed within one year from the date of enactment of the ordinance.
9-3-13: ACCESSORY BUILDINGS:
Providing additional regulations and requirements for accessory buildings.
9-3-15: MAINTENANCE OF PROPERTY – GARBAGE CANS/RECEPTABLES:
Prohibiting accumulations of any solid waste, garbage, junk, inoperable or abandoned vehicles, or other refuse collected or generated on or from said lot to accumulate upon said lot outside of an enclosed structure situated on the lot a) so as to constitute a public or private nuisance or health or safety hazard to any person or property, b) so as to obstruct any public property, public sidewalk, public street, alley or public way, or c) in any manner in violation of any applicable laws, regulations, codes or ordinances.
Providing off-street parking standards for all bed and breakfasts, boarding houses, motels, hotels and apartments.
9-3-17: SIDING AND ROOFING:
Providing standards for siding and roofing of structures.
9-3-18: SHIPPING CONTAINERS:
Providing for regulation for use and location of shipping containers on lots.
9-4-19: CONDITIONAL USES – CONDITIONAL USE PERMITS:
Providing for issuance of conditional use permits and establishing uses that may be permitted as a conditional use in any zoning district. Providing for and restricting transferability of conditional use permits.
Providing that it shall be a violation of the ordinance for any person to violate any term or condition of any conditional use permit issued by the city pursuant to this Chapter.
Providing for issuance of variances, and providing for and restricting transferability of conditional use permits.
Providing that it shall be a violation of this ordinance for any person to violate any term or condition of any variance issued by the city pursuant to this Chapter.
9-3-21: GENERAL PROVISIONS – VIOLATIONS/ENFORCEMENT – VIOLATIONS OF PERMITS, ETC.:
Providing that violation of 1) any provision the ordinance, 2) any term or condition of any conditional use permit, variance or other permit issued or granted by the city pursuant to the ordinance, or 3) any term or condition of any development agreement made by the owner or developer of a lot pursuant to Section 9-3-22 of the ordinance, shall constitute a misdemeanor, and shall be punishable by a fine, jail, or both, as provided by Idaho law.
Providing that the ordinance may be enforced by the city mayor, city building official, city attorney, and any Idaho peace officer.
Providing that all remedies of the city for violations are cumulative and nonexclusive. Providing additional remedies for violations of conditional use permits, variances, rezones or development agreements, including amendment, termination or revocation.
9-3-22: DEVELOPMENT AGREEMENTS:
Providing that the city may require lot owners or developers to enter into development agreements with the city concerning use or development of the subject lot, and providing standards for development agreements.
Providing that development agreements are binding on the lot owner and developer. Providing that development agreements may be amended or terminated, in whole or in part, in the event of violations of the development agreement.
9-4-1: TITLE – APPLICABILITY – BUILDING PERMITS REQUIRED:
Providing that the title for the Chapter 9-4 is the “NEZPERCE BUILDING CODE”.
Providing that the building code is applicable to all lands, buildings, structures and improvements situated within the city in accordance its provisions.
9-4-2: CODE ADOPTION:
Providing for copies of all adopted codes to be kept in the office of the clerk of the City and providing for public inspection during normal business hours.
Adopting the following uniform building codes, excluding any fee schedules therein, for regulation of the erection, construction, enlargement, alteration, repair, moving, conversion, occupancy, use, height, area, and maintenance of all buildings and structures situated within the city, including, but not limited to, installation of manufactured homes in accordance with the provision of title 44, chapter 22 of the Idaho Code,
1. State Codes: The current editions of the following codes published by the International Code Council as adopted and amended by the Idaho Division of Building Safety, Idaho Building Code Board, or otherwise by the State of Idaho, together with any amendments or revisions set forth in section 39-4109, Idaho Code, as amended, and including subsequent versions of said adopted codes:
a. International building code, including all rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the federal fair housing act accessibility guidelines;
b. International residential code, parts I-IV and IX; and
c. International energy conservation code, excluding all fee schedules, and excluding any reference to the flood requirements which shall be governed by the City of Nezperce flood damage prevention ordinance. The adopted versions of the foregoing codes shall be deemed superseded by successive versions of the codes as they are amended and adopted by the state of Idaho or Idaho building code board.
Providing that unless otherwise provided in the ordinance, the adopted versions of the foregoing codes as set forth above shall be deemed superseded by successive versions of or amendments to said codes when the same are adopted by the Idaho Division of Building Safety, Idaho Building Code Board, or otherwise by the State of Idaho, for application within the state of Idaho.
2. Additional Adopted Codes: The current editions of the following additional codes and regulations as published by the publishers of said codes as of the date of adoption hereof, excluding all fee schedules, and excluding any reference to flood requirements which shall be governed by the City of Nezperce flood damage prevention ordinance:
a. The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, prepared by the International Conference of Building Officials (ICBO).
Providing that unless otherwise provided in the ordinance, the adopted versions of the foregoing codes as set forth above shall be deemed superseded by successive versions of or amendments to said codes when the same are published by the publisher of said codes.
Providing standards and regulations for the installation, erection, and/or assembly of mobile homes, manufactured homes and modular buildings within the city, and providing exemption from roof snow load standards for mobile homes manufactured in compliance with applicable federal standards.
Providing exemptions for agricultural buildings, and industrial chemical process and mineral extraction and processing equipment.
Providing for building code enforcement and appeals.
9-4-3: FEE SCHEDULE:
Providing for establishment of building code fee schedules.
9-4-4: SETBACKS FOR PUBLIC BUILDINGS:
Providing that the city may alter the setback line in case of a public or government building after a public hearing if the city council determines that such alteration is in the best interest of the city.
Providing for issuance of building code variances.
ZONES A AND B – RESIDENTIAL
9-5-2: PERMITTED USES:
Establishing permitted uses in Zones A and B.
9-5-3: BULDING HEIGHT:
Providing that no building or structure, nor the enlargement of any building or structure within Zone A or Zone B shall be hereafter erected or maintained to exceed two and one-half (2 1/2) stories, nor shall it exceed thirty-five feet (35’) in height.
9-5-4: YARDS; LOT AREAS:
Providing that no building or structure, nor the enlargement of any building or structure, shall be hereafter erected or maintained in Zone A or Zone B except in compliance with this section.
Providing standards for front yards, side yards and accessory buildings, including but not limited to sizes and set backs.
9-5-5: MANUFACTURED HOME REQUIREMENTS
Providing that manufactured homes, as defined in Chapter 9-2 of the ordinance shall be permitted within Zones A and B, subject to all applicable provisions of this ordinance.
ZONE C – COMMERCIAL
9-6-1: APPLICABILITY – BUSINESS DISTRICT:
Providing that the provisions of the Chapter apply to all lands within Zone C.
Establishing the business district within Zone C, being and including all lands abutting each side of Oak Street from (north to south) 3rd Avenue to 7th Avenue and (east to west) from Maple to Pine Street.
9-6-2: PERMITTED USES:
Establishing permitted uses within Zone C.
9-6-3: ADDITIONAL CONDITIONAL USES – PROHIBITED USES:
Providing that the city may authorize automobile, truck agricultural implement and trailer sales lots in Zone C as an additional conditional use.
Prohibiting the following uses in Zone C unless otherwise authorized by the city council:
- Livestock except chickens.
2. Manufactured/Mobile home courts or parks, or recreational vehicle courts or parks, and any individually located mobile home either singlewide or doublewide, or any singlewide manufactured homes, unless authorized by duly issued conditional use permit or temporary occupancy permit pursuant to this ordinance.
Establishing standards for front yards and side yards in Zone C.
9-6-5: BUILDING HEIGHT:
Providing that no building or structure, nor the enlargement of any building or structure in Zone C shall exceed forty (40’) in height.
NEZPERCE MUNICIPAL AIRPORT
9-7-1: TITLE – APPLICABILITY:
Providing that the title of Chapter 9-7 is the “NEZPERCE MUNICIPAL AIRPORT ZONING ORDINANCE”
Providing that the provisions of the Chapter shall apply all lands with the Airport Zone situated within the city.
Providing definitions applicable under the Chapter.
9-7-3: AIRPORT ZONES:
Providing and establishing subzones within the Airport Zone, and adopting the airport zoning map.
9-7-4: AIRPORT ZONE HEIGHT LIMITATIONS:
Providing airport zone height limitations for structures, improvements, trees and vegetation.
9-7-5: USE RESTRICTIONS:
Providing that no use may be made of land or water with any zone or subzone established under this Chapter in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, making it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots the airport, create fire strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering or aircraft intending to use the airport.
9-7-6: NONCONFORMING USES:
Providing exception for nonconforming uses and structures, and providing for marking and lighting for nonconforming structures or trees.
Providing for issuance of variances.
Providing for enforcement of the Chapter.
9-7-9: CONFLICTING REGULATIONS:
Providing that the more stringent regulation shall apply in the event of any conflict between the provisions of this Chapter and any other regulations applicable to the same area.
ZONE D – INDUSTRIAL
Providing that the provisions of the Chapter shall apply to all lands situated within Zone D.
9-8-2 PERMITTED USES:
Providing permitted uses in Zone D.
9-8-3: SETBACK REQUIREMENTS:
Providing yard area and set back standards in Zone D.
9-8-4: BUILDING HEIGHT:
Providing that there are no height restrictions for structures within Zone D.
9-8-5: MANUFACTURED AND MOBILE HOMES:
Providing standards for manufactured homes and multi-sectional mobile homes in Zone D.
ZONE E – WELLHEAD PROTECTION PLAN
9-9-1: TITLE AND PURPOSE:
Providing that the title of the Chapter is the “WELLHEAD PROTECTION PLAN”.
Providing a statement of purpose for the Chapter.
Providing definitions applicable under the Chapter.
9-9-3: ESTABLISHMENT OF WELLHEAD PROTECTION OVERLAY DISTRICT:
Establishing the Wellhead Protection Overlay District and subzones.
9-9-4: PERMITTED USES:
Providing permitted uses in Zone Ia, Ib and II.
9-9-5: REQUIREMENTS FOR EXISTING FACILITIES:
Providing standards and requirements for facilities existing within the Wellhead Protection Overlay Zones la, lb, and ll.
Prohibiting certain uses and conditions in Wellhead Protection Overlay Zones Ia, IIb and II.
9-9-7: REQUIREMENTS FOR NEW WELLS:
Establishing requirements for new wells within Wellhead Protection Overlay zone.
Providing that the policies and procedures for administration of any wellhead protection zone established under the Chapter, including uses, exceptions, enforcement and penalties, shall be the same as provided in the Nezperce Building Code. Providing for approval of uses within the Wellhead Protection Overlay Zone.
9-9-9: VIOLATIONS – APPLICABILITY:
Providing that it shall be unlawful and a misdemeanor for any person to occupy or use the land within the designated with the Wellhead Protection Overlay Zones la, lb and ll, contrary to, or in violation of, any of the provisions of this Chapter, punishable by fine, jail, or both, as provided under Idaho law.
Providing that the Chapter shall apply to all lands within the city.
AND RECREATIONAL VEHICLE COURTS AND PARKS
9-10-1: MANUFACTURED/MOBILE HOME AND RECREATIONAL VEHICLE COURTS AND PARKS:
Providing definitions applicable under the Chapter.
Providing that the Chapter shall apply to all manufactured/mobile home courts and parks, and all recreational vehicle courts and park, within the city. Providing that manufactured/mobile home courts and parks, and all recreation vehicle courts and parks, within the city subject to the Chapter shall be in compliance with the provisions of the Chapter.
Prohibiting any person from owning, maintaining, or operating any recreational vehicle court or park within the city without a recreational vehicle park permit issued by the city as provided in the Chapter, and providing for issuance of RV Park Permits.
Providing that it shall be a violation of the ordinance for any person to violate any term or condition of the Chapter or any term or condition of any RV Park Permit issued under this Chapter, and providing additional remedies of the city in the event of such violation.
Providing exceptions for existing courts/parks and nonconforming uses, and providing for issuance of variances.
Providing additional requirements and standards for improvements, design, construction, maintenance, and management of courts/parks subject to the Chapter.
9-10-2: ADDITIONAL UNLAWFUL ACTS – TEMPORARY OCCUPANCY PERMITS:
Providing that it shall be unlawful for any person to park any mobile home, manufactured home or recreational vehicle upon or within any street, alley, way, highway, or other public place within the city, except that motorized recreational vehicles may be parked in vehicle parking spaces designated by the city or highway agency with jurisdiction provided that they are parked in compliance with all applicable laws, regulations, codes and ordinances. Unless otherwise authorized by the city or highway agency with jurisdiction, no mobile home, manufactured home or recreational vehicle parked, whether lawfully or unlawfully, upon or within any street, alley, way, highway, or other public place within the city may be occupied or used for residential, dwelling or business purposes for any period of time while so parked.
Providing that it shall be unlawful for any person to park any mobile home, manufactured home or recreational vehicle on any private property within the city a) without the consent of the owner of said private property, and b) as otherwise in compliance with this Chapter and all applicable laws, regulations, codes and ordinances.
Providing that it shall be unlawful for any person to use or occupy any recreational vehicle situated upon any lot for residential or dwelling purposes for any period of time exceeding a total of seven (7) days in any calendar year except within an approved manufactured/mobile home or recreational vehicle court or park as defined in this Chapter, without a temporary occupancy permit issued by the city. Providing for issuance of temporary occupancy permits, and restricting transferability of temporary occupancy permits.
Providing that it shall be a violation of the ordinance for any person to violate any term or condition of this Chapter, or any temporary occupancy permit issued by the city pursuant to this Chapter. Providing additional remedies of the city in the event of violations.
9-10-3: ENFORCEMENT – VIOLATIONS:
Providing for enforcement of the Chapter.
SECTION 2: Providing for severability of the ordinance in the event the ordinance is deemed unenforceable by a court of competent jurisdiction.
SECTION 3: Repealing all ordinances, and parts thereof, in conflict with the ordinance.
SECTION 4: Providing that the ordinance shall be effective upon its adoption and publication as provided by law.
A copy of the full text of the proposed ordinance may be obtained from Nezperce City Clerk, at the Nezperce City Hall, 606 Maple St, Nezperce, ID 83543.
CITY OF NEZPERCE
Date: __6/29/2022________ By:___/s/___________________
Rhonda J. Schmidt