2013-010 Title 10 Proposed Revisions
1-1 ADOPTED 7-19-12
CHAPTER 1
TITLE, PURPOSE, DECLARATION, INTENT
SECTION:
10-1-1: Title
10-1-2: Purpose
10-1-3: Declaration
10-1-4: Interpretation and Intent
10-1-5: Penalties
10-1-1: TITLE: This Title of the Ammon Code shall be and may be known as “THE ZONING
ORDINANCE OF AMMON, IDAHO,” AND MAY BE SO CITED AND PLEADED.
10-1-2: PURPOSE: The zone boundaries and regulations made in accordance with a
comprehensive plan designated to promote the health, safety, peace, convenience, and general
welfare of the inhabitants of Ammon.
A) To promote the orderly growth and development of the City in accordance with the
Comprehensive Master
Plan. 9-5-12
B) To promote economy in the cost of fire and police protection and other governmental
services.
C) To provide a roadway system that adequately meets the transportation needs of the City’s
resident and businesses. To lessen congestion in the streets and reduce the waste of
excessive amounts of streets.
9-5-12
D) To protect the tax base.
E) To foster industry.
F) To protect property values.
G) To avoid undue concentration of population and prevent the overcrowding of land.
H) To facilitate adequate provisions for transportation, water, sewage, schools, and other public
requirements.
I) To promote provide adequate light and air
and foster a wholesome, serviceable, and
attractive City.9-5-12
10-1-3: DECLARATION: In establishing the zones, the boundaries thereof and the
regulations applying within each of the zones, due and careful consideration was given, among
other things, to the suitability of land for particular uses with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the City.
10-1-4: INTERPRETATION AND INTENT: It is the intent of the City Council of Ammon that
1-2 ADOPTED 7-19-12
the regulations and restrictions as set forth in this ordinance shall be so interpreted and construed
as to further the purpose of this ordinance and objectives and characteristics of the respective
zones.
10-1-5: PENALTIES: Any violation of any provision of Title 10, unless designated separately
shall constitute an infraction and be subject to the penalties as set by this City Code.
Page 1 of 17 DEFINITIONS REVISED 7-2-09
CHAPTER 2
DEFINITIONS
SECTION:
10-2-1: Definitions
10-2-1: DEFINITIONS: For the purpose of this ordinance, certain words and terms are
defined as follows: words in the present tense include the future and the future includes the
present; the singular number includes the plural and the plural the singular; the word lot
includes the word plot, tract, or parcel of land as the sense may require it; the term erected
means constructed, altered, moved, or repaired; words shall and must are always mandatory.
For the purpose of this plan, the following definitions will be used:
Accessory building: A subordinate building, the use of which is incidental to that of the main
building.
Accessory use: An activity or structure that is incidental or secondary to the principal use on
the same lot.
Acre: 43,560 square feet.
Administrative Record: The record of whatever is formally presented to an appellate body; this
material can be used as the case moves up through the system. For example, in a zoning case,
the things said and exhibits presented at the zoning hearing become the administrative record
and may be used if the case goes on to a city council or court.
Aesthetic Zoning: Aesthetic zoning is designed to create, preserve and promote beauty or a
particular architectural theme. Like all zoning, whether aesthetic or otherwise, it promotes
community interest and is based on the principle that the public welfare outweighs the interests
of the individual property owner. Justification for aesthetic zoning is to be found within the broad
confines of general welfare. In the past, the courts were reluctant to recognize aesthetics as a
main reason without joining it with other reasons such as property values.
Agriculture: Agriculture shall mean the growing of soil crops in the customary manner in the
open. It shall not include livestock raising activities; nor shall it include retailing of goods on the
premises.
Alley: A Public way primarily for utility use and for servicing the property adjacent thereto.
Annexation: The process by which cities expand their legal boundaries to include areas
previously only governed by county government. Municipal annexation normally involves
extension of services to the annexed territory by the city and allows the city to impose property
taxes, fees and service charges in the area. Annexation is accomplished through publishing and
passage of a city ordinance. There are certain continuity requirements as well as a stipulation
that the newly annexed property must be within a negotiated area of city impact. Some cities,
when extending city services beyond city boundaries, require residents in the area to sign
Page 2 of 17 DEFINITIONS REVISED 7-2-09
annexation agreements (see annexation agreement, municipal), essentially promising they will
not protest, annexation when it is proposed.
Annexation Agreement: An agreement comprised of the requirements or special conditions
that serve as conditions of a developer/developers and/or the city prior to or as an annexed area
is developed.
Annexation Agreement, Municipal: When a city is considering extending services to an area
outside its boundaries but is not yet planning to annex the property, it may seek to obtain a
written agreement from the property owners that they will not oppose annexation when it is
proposed.
Apartment: A dwelling unit within a multiple family residence which is or is to be rented, leased
or hired out. as a dwelling unit. 9-5-12
Apartment House: A building or portion thereof containing three (3) or more apartments.9-5-12
Apartment House (Multiple Dwelling): 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 three (3) or more families living independently of each other and doing their own cooking
within the premises. 9-5-12
Area of City Impact: Idaho law requires cities to prepare a land use plan that not only plans for
the area within the city’s legal boundaries but also plans for areas outside of the city’s legal
boundaries that are still in the unincorporated area of the county and have not yet been
annexed into the city. These are “impact areas.” The purpose of the area of impact is to
determine whose developmental regulations (comprehensive plan and implementation
ordinances) will apply in “urban fringe areas” or unincorporated areas adjacent to city
boundaries. Officially negotiated areas of city impact are a prerequisite for cities to annex
adjacent properties.
Assited Living Center: A building for the care and keeping of elderly, ill, physically or mentally
disabled people. 9-5-12
Attached: see chapter 14A
Auto Court, Motor Court: See Motel.
Bed and Breakfast Establishment: See Boarding/Lodging House.
Bench Seat: For the purpose of this ordinance bench seating will be calculated one (1) seat for
every eighteen (18) inches of bench.
Bike Lanes: See Trails (Bicycle/Pedestrian)
Bikeway: See Trails (Bicycle/Pedestrian)
Board of Adjustment: A quasi-judicial body responsible for hearing appeals from decisions of
the local zoning administrator and requests for variances, special use permits and other quasi-
judicial and administrative determinations as may be delegated by ordinance. In many
communities, some or all of these functions are performed by the legislative body, a hearings
Page 3 of 17 DEFINITIONS REVISED 7-2-09
examiner or the planning and zoning commission. 9-5-12
Boarding House/Lodging House: A building containing not more than one kitchen where, for
compensation, sleeping space and meals are provided pursuant to previous arrangements on a
daily, weekly or monthly basis in contradistinction to a hotel or a café.
Billboard Sign: See Sign (Off-Premise).
BMPA – Bonneville Metropolitan Planning Area.
BMPO – Bonneville Metropolitan Planning Organization.
Buffer Areas: A parcel of land established to separate incompatible adjacent land uses, such
as a commercial use and a residential use. The area may vary in width include walls, fences,
screen plantings, or earthen mounds (berms) to insulate the adjoining properties from noise,
traffic, or visual intrusions. Some ordinances require commercial and industrial districts to install
a buffer area wherever the property line abuts a residential district. The term may also be used
more broadly to describe any zone that separates two unlike zones, such as a transitional
multiple family or professional business zone between commercial zone and a single family
zone.
Buffer Areas (Land): A parcel of land established to separate incompatible adjacent land
uses. The area may vary in size and may include walls, fences, screen plantings or earthen
mounds (berms) to insulate the adjoining properties from noise, traffic or visual intrusions.
Buffer Areas (Zone): Describes any zone that separates two unlike zones. For example in
some instances a multiple family or professional business zone may be used between
commercial zones and single family zones.
Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind
Building, Main: One or more of the principal buildings upon a lot.
Building Official or Inspector: Individual or organization designated by the City to perform
inspection and related services under this ordinance.
Building Shadow Line: A two dimensional bird’s eye view of a building, looking straight down,
consisting of the outermost of all above-ground story walls which separate the interior from the
exterior of the building. For purposes of defining the shadow line only, porches, patios, and
other open, partially open or unheated rooms or areas, and garages are considered to be
exterior to the building.
Carport: An overhead structure not completely enclosed by walls for the shelter of
automobiles.
Central Business District: The core commercial area of a city—usually downtown— that has a broad
range of financial, retail, government, entertainment and other activities. More of a variety of activities
than in a shopping mall.
Child Care Facilities: For the purpose of this ordinance child care facilities shall be classified
Page 4 of 17 DEFINITIONS REVISED 7-2-09
and defined with the following designations:
Family Child Care Facility: Those facilities providing child care for five (5) or
fewer children.
Group Child Care Facility: Those facilities providing child care for six (6) to
twelve (12) children.
Child Care Center: Those facilities providing child care for thirteen (13) or more
children.
NOTE: Operating and licensing requirements for Child Care Facilities are found in the Ammon
City Code, Title 6, Chapter 3, Childcare Regulations and Licensing.
Clinic: A building used for the diagnosis and treatment of ill, infirm and injured persons, but
which building does not provide board, room or regular hospital care and services.
Club: A building used, occupied and operated by an organized association of persons for
social, fraternal, religious or patriotic purposes, whose activities are confined to the members
and their guests, but shall not include any organization, group or association the principal
activity of which is to render a service usually and ordinarily carried on as a business.
Cluster Zoning: Cluster zoning generally refers to development patterns for residential, commercial,
industrial, institutional or combinations of such uses in which buildings are grouped or “clustered,” rather
than evenly spread throughout a parcel as in a conventional lot-by-lot development. To remedy the
effects of grouping of clustering of buildings the density requirements of the existing zone is usually
required for the overall parcel of property being “cluster zoned”.
Common Wall: See Party Wall/Common Wall.
Commercial (Heavy) – Establishments engaged in the trade of goods and services which
usually generate high volumes of traffic, are congregated upon or occupy large areas of land,
tend to have high levels of onsite activity, or do not deal directly with final consumers. Those
zones considered in the heavy commercial designation are HC-1, CC-1 and GC-1.
Commercial (Light) – Establishments engaged in the trade of goods and service which usually
generate minimal to moderate volumes of traffic. Those zones considered in the light
commercial designation are PB, RSC and C-1.
Comprehensive Plan: The comprehensive plan is intended to be a guide as to the nature and direction
of future growth and development, and is formulated with public input, study and analysis of existing
physical, economic environmental and social conditions and a projection of what future conditions are
likely to be. The comprehensive plan must consider: private property rights; population; school facilities
and transportation; economic development; land use; natural resources; hazardous areas; public
services, facilities and utilities; transportation; recreation; special areas or sites; housing, community
design and implementation when planning. Once adopted, the plan serves as a guide for making land
use decisions, preparation of zoning and subdivision ordinances and capital improvement plans, and
determining the rate, timing and location of future growth. One part of the comprehensive plan includes a
map showing approximate areas of use designations.
Conditional Use/Conditional Use Permit: Certain uses because of their size, special requirements or
possible safety hazards are expected to have detrimental effects on surrounding properties, but may be
compatible with the other uses if they are properly designed. Such uses are classified in zoning
Page 5 of 17 DEFINITIONS REVISED 7-2-09
ordinances as conditional uses requiring conditional use permits. A conditional use permit may only be is
granted after a hearing before the Planning and Zoning Commission and a recommendation is made to
the Board of Adjustment. With a recommendation of the Planning and Zoning Commission, the Board of
Adjustment can accept or reject the request of a Conditional Use Permit. Specific requirements of the
conditional use can be placed before a permit may be issued. Some examples are: Hours of operation,
expiration of the use, additional landscaping and additional parking to name a few. Schools and
Churches are examples of uses that are required to obtain a conditional use permit. 9-5-12
Condominium: Defined at the highest level in Idaho Statute section 55-101B, and Idaho
Statute Title 55, Chapter 15. For purposes of this ordinance, the word condominium refers to an
individual condominium unit as defined by Idaho Statute sections 55-1503 (d) and 55-1509,
within a specific building. In brief, a condominium is a separate, independently owned portion of
a building where, "unless otherwise expressly provided in the declaration, deeds, plat or plats",
"the physical boundaries of the unit are the interior surfaces of the perimeter walls, floors,
ceilings, windows and doors thereof, and the unit includes both the portions of the building so
described and the airspace so encompassed". The owner of each condominium in the building
also owns an interest in common of all common areas of the building or buildings and pertinent
grounds in proportion to the value of the owner's condominium unit, compared to the cumulative
value of all condominium units within the building or buildings.
Condominium Plat: A parcel of land recorded with the County as a condominium plat,
consisting of two or more buildings, where each building and usually the ground it sits on is or
can be independently owned, but where part or all of the ground, including but not limited to
parking spaces, parking aisles, and landscaping, is owned in common by the various owners of
each of the buildings included within the condominium plat, as regulated by Idaho Statue
section 55-101B, and Idaho Statute Title 55, Chapter 15.
Convalescent Home: Any building or structure used for or occupied by persons recovering
from illness or requiring nursing or similar care; not otherwise classified as a hospital.
Covenant (subdivision): A covenant is an agreement written into deeds and other documents
that promise performance or non-performance of acts, or stipulating certain uses or non-uses of
property. Covenants recorded by the developer for a subdivision are not binding or enforced by
the City. Covenant agreements are enforced by individual property owners or commonly by
home owner associations.
Curb Cut: A cut in the curb line for the passage of vehicles.
Day Care: See Child Care.
Dedication: The assignment of private property to a specific public use and its acceptance for such use
and ownership by the City. Examples of dedication would be roadways, parks, future building lots for City
expansion etc.
Density: The number of living units per acre of land. Density is controlled through maximum allowances
in the zoning ordinances.
Density (Low): Use of land for residential purposes with detached single family dwellings on
larger lot sizes and a maximum of 2.5 living units per acre (traditionally the RE, RP-A and RP
zones fall within the low density designation).
Page 6 of 17 DEFINITIONS REVISED 7-2-09
Density (Medium): Use of land for residential purposes with detached or attached single family
dwellings on smaller lot sizes and a maximum of 4.0 living units per acre (traditionally the R-1,
R1-A zones fall within the medium density designation).
Density (Medium High): Use of land for residential purposes with single or multiple family
dwellings on small sized or clustered lots where the density generally is greater than 4.0 living
units per acre with a maximum of 12.0 living units per acre (traditionally the R2 and R2-A zones
fall within the medium-high density designation). This designation could be comprised of both
attached and detached dwellings.
Density (High) – Use of land for residential or mixed use purposes where although there may
be a mixing of housing types, the density generally is greater than 12.0 living units per acre with
a maximum density of 20.0 living units per acre. (Traditionally the R-3 and R3-A zones fall
within the high density designation).
The various residential density limitations defined above shall not be construed to
prohibit Planned Unit Developments or similar special developments. These types of
developments often concentrate residences at densities higher than those allowed above in one
part of the development, in exchange for open space, trails or parks in the remainder of the
development. The final density of each such special development taken as a whole, however,
may not exceed the density limitations specified above. Further, such special types of
development must meet special requirements as City Council shall determine and delineate in
the zoning ordinance.
Development Agreement: An agreement between the City and a developer which requires an owner or
developer to make a written commitment concerning the use of development of a specific parcel of
property as a condition of development. The agreement is binding and recorded so as to bind future
owners.
Development Rights: The rights associated with the purchase of a parcel of property. A purchaser also
acquires a number of rights towards the use of that property, such as the right to build a home, a right to
develop commercially, a right to remove gravel or other minerals, a right to use water, a right to raise
crops. Which of these rights are purchased with each property depends on the zoning, other applicable
regulations and the terms of the purchase.
Developed Area: Annexed land, which includes existing structures, and property where a
building permit has been issued.
Down Zoning: A change in zoning to a classification requiring development that is less
intensive such as from multi-family to single family or from commercial to single family
residential. A change in the opposite direction would be “up zoning”.
Dwelling: Any building that contains a dwelling unit, used, intended, or designed to be built,
used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
Any building which is used for residential purposes, Exceptions to this definition include but are
not limited to, a hotel/motel, tourist court, boarding or rooming house, rest home, convalescent
home, child care center home, or travel trailer and the like.
Dwelling Unit: A single unit providing complete independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Page 7 of 17 DEFINITIONS REVISED 7-2-09
One or more rooms in a building which:
(a) are designed and connected to one another
(b) are independent and separate from all other rooms in the building
(c) are designed and constructed for living and sleeping in a family-like setting and;
(d) which also include kitchen and bathroom facilities.
Dwelling Group (Planned): Two or more buildings used for dwelling purposes located on one
lot and not subdivided into customary streets and lots.
Easement: An easement is a right granted by the owner of land to another party for a specific
limited use of that land.
FEMA – Federal Emergency Management Agency.
Floor Area: The floor area of a building is the sum of the areas of the several floors of the
building, including basements, mezzanine and intermediate floored tiers and penthouses of
headroom height, measured from the exterior walls or from the centerline of walls separating
buildings. The floor area does not include such features as pipe trenches, exterior terraces or
steps, chimneys, roof overhangs, etc.
Fractional Numbers: In determining the requirements of this ordinance, whenever a fraction of
a number or a unit is one-half or more and whenever a fraction of a number or a unit resulting
from a computation is one-half or more, said fraction shall be considered as a whole number or
a unit.
Frontage (Street): For the purpose of this ordinance frontage shall be defined as any portion of
a lot boundary which boundary is adjacent to a dedicated roadway.
Garage (Private): A detached accessory building or portion of a main building designed for the
parking or temporary storage of automobiles of the occupants of the premises in contrast to a
parking garage where the parking or automobile temporary storage space is let for commercial
gain.
Governing Board – For the purpose of this plan the governing board shall refer to the City
Council and Mayor.
Grade: The average of the finished ground level at the center of exterior walls of a building.
Greenspace: An open space that includes landscaped areas typically planted with trees,
shrubs, grass and other vegetation.
Ground Floor: The floor area found on the first story above grade. The first story above grade
is the lowest story which is more than one half above grade. For split levels, it includes the first
story above grade of each portion of the split.
Grandfather Clause/Grandfathered: A legal provision that allows people engaging in an
allowed activity or business before a new form of regulation or standards is imposed to continue
in that activity without having to go through the new process or meet the new standard.
Guest: A person staying or receiving services at a hotel, motel, boarding house, rooming
house or rest home or similar use for compensation.
Page 8 of 17 DEFINITIONS REVISED 7-2-09
Guest House: A guest house is an accessory building within a residential zone built with the
intent of accommodating short term guests without compensation.
Height of Building: The height of a building shall be the vertical distance from the grade to top
of the building walls. Where the building walls vary in height, the height of the building shall be
determined by multiplying the length of each section of said wall by its height and dividing the
sum derived there by the total length of wall.
High Density Residential: See Density (High)
Home Occupation: The term “home occupation” shall mean any business occupation or
profession which may be conducted within a residential dwelling, or allowed appurtenant
building, without in any way changing the appearance or condition of the structures and carried
on by persons residing therein. Applications for home occupations may be granted in any
residential zoning area of the City. In some cases a home occupation may be granted on
condition of compliance to certain regulations.
Hospital/Surgical Center: An institution where the ill or injured human beings are offered
treatment of a type recognized by state law, such as medicine and surgery, osteopathy and the
like.
Hotel/Motel: Any building where individual sleeping quarters are used, rented or hired out to
guests on a daily or short term basis, where the living units are occupying a building site or area
under one ownership, used for the purpose of furnishing transient living accommodations,
traditionally not containing kitchen facilities.
Household Pet: Animals or fowl customarily permitted in the house and kept for company or
pleasure, including dogs, cats, canaries and similar pets.
Illegal Use: A use, building or activity that is prohibited by the zoning ordinance and was
established after the zoning ordinance became effective.
Industrial and Manufacturing – All types of manufacturing and industrial establishments.
Infrastructure: The physical structures necessary to sustain a population base such as
bridges, roads, water, sewer, city halls and fire stations. Often park lands or landscaping along
arterial roadways are included in infrastructure improvement requirements.
Institutional – Institutional buildings and spaces, both public and semi-public, such as schools,
churches, hospitals and nursing homes.
Kennel: Any lot or premises on which three (3) or more dogs over four (4) months old are kept.
Land Use: The way in which land is being used. Specific land uses are either permitted,
conditionally permitted or prohibited in each zone.
Land Use Plan: See Comprehensive Plan.
Living Unit/Area: See Dwelling Unit.
Page 9 of 17 DEFINITIONS REVISED 7-2-09
Local Planning Act: Mandated in 1975 by the Idaho Legislature. The act requires cities and
counties to enact comprehensive plans, zoning and subdivision ordinance, defines the powers
and responsibilities of the planning and zoning commission and governing board with respect to
land use issues and sets standards for procedural requirements including public notice and
hearings.
Lodging House: See Boarding/Lodging House.
Lot: Land occupied or to be occupied by a building or building, together with such open spaces
as required under this ordinance, and having its principal frontage on a street or an approved
access easement. Also building sites without reference to lots as recorded on official plats.
Lot (Corner): A lot where two adjacent sides are bordered by public street(s).
Lot (Double Frontage): See Lot (Reverse Frontage).
Lot (Interior): A lot other than a corner lot.
Lot (Reverse Frontage): For the purpose of this ordinance reverse frontage will refer to either
the side yard or the rear yard of any building abutting an arterial street. Access to the arterial
from the reverse frontage property is prohibited. In some instances a residential street may be
designated as a low access street and access may be denied as if it is an arterial street.
Lot (Through): See Lot (Reverse Frontage).
Lot of Record: A lot that is part of a subdivision officially recorded or a lot or parcel described
by metes and bounds, the description of which has been recorded.
Manufactured Home: As defined in Title X, Chapter 30, Section 1 of this Code.
Manufactured Home Court: A court opening on a public way equipped with sanitary facilities
for the parking of two (2) or more occupied manufactured homes.
Master Plan: See Comprehensive Plan.
Metes and Bounds: A system of describing and identifying a tract of land by distance (metes)
and directions (bounds) from an identifiable point of reference.
Motel: See Hotel/Motel.
Moratorium: An action by the City to impose a temporary halt on a type or area of
development. Moratoriums must meet specific guidelines outlined by State Statutes.
Multi-Family Residence: A building containing two (2) or more dwelling units, excluding
attached single family zero lot line residential units.
Multi-Use Path/Trail: See Trails (Bicycle/Pedestrian)
Non-Conforming: (Uses, Lots, Structures): Lots, structures, uses of land and structures, and
characteristics of uses which are prohibited under the terms of a zoning ordinance but were
lawful at the date of the ordinance’s enactment. A non-conforming lot, structure or use is
Page 10 of 17 DEFINITIONS REVISED 7-2-09
normally allowed to remain unless there is a compelling reason, such as imminent danger to
health or safety to discontinue it.
Notice, Public: The Idaho Open Meeting law requires posted meeting and agenda notice for
regular and special meetings of the planning and zoning commission and governing board. The
Local Land Use Planning Act also sets forth public notice requirements for specific types of
planning and zoning decisions, including publication and written notice to neighboring property
owners.
Nursery (Day Care): See Child Care Facility.
Occupancy (Change of): Any change in the character of use of a building or premises, not
including change of tenants, proprietors or occupants.
Off-Street Parking Space: An area for the parking of automobiles which does not include a
public street but has convenient access to it.
Open Space: Land with non-development or minimumal development types of uses. Normally
considered as park areas or large landscape areas around commercial developments there are
actually three different types of open spaces. (1) privately owned open space: the yards or area
associated with private homes; (2) common used open space land designated at the time of
recording a plat or site plan as open space for common access and use by the residents of the
development or community, or (3) public open space that is owned by the City for the active or
passive recreational use of the public (parks).
Overlay Zone: A zone which is superimposed over other zones and in which certain
regulations land restrictions apply which supplement or which modify the regulations and
restrictions applying in the underlying zones.
Overlay (Zoning): A use or zone that is applied to a specific geographic area. Animal overlay
allows animals normally prohibited within a zone to be allowed within specific guidelines.
Planned transition overlay is designed to transition from one land use type to another land use
type, usually involving a zone change that is allowed under specific terms of the planned
transition overlay. Conditional use permit overlay is designed to show the areas within the City
that have permanent conditional use permit allowed. Most often this conditional use permit
would be a school or a church.
Park Landscape Strip: A buffering strip consisting of a combination of fencing or wall, berm
and landscaping. The strip shall be between thirty (30.0) and sixty (60.0) feet in width, as
recommended by the Planning and Zoning Commission. The strip shall include minimum a six
(6.0) foot high opaque fence or wall adjacent to the property boundary, a minimum six (6.0) foot
high berm, adjacent to the fence or wall and shall include trees and shrubs to act as buffering
between the properties. Landscaping is to be matured trees and shrubs at time of planting.
The entire park landscape strip is to be landscaped with grass or ornamental planting.
Landscaping may include walking paths or other decorative landscape items. The area within
the park landscape strip may be used as part of the required storm water retention area. This
property is to remain a part of the development and be maintained in perpetuity by the
owner/developer or its agent.
Parks (Public): Parks which are maintained by a public agency or in some cases open spaces
designed into subdivisions but held and maintained as part of a home owners association may
Page 11 of 17 DEFINITIONS REVISED 7-2-09
be considered as a public park, IE Planned Unit Development open spaces.
Parks (Semi-Public): Parks which are provided and maintained by a church, club, lodge or
other non-profit organization.
Parks, Playground, Recreation and Open Space: An area which has been dedicated,
designed for or used for outdoor recreation activities; including City parks, and playgrounds,
church or club-sponsored parks and playgrounds and privately developed parks and
playgrounds within certain types of subdivisions.
Parking Space: Space within a building or parking area exclusive of driveways, ramps,
columns, office and working areas, for the parking of motor vehicles. Parking spaces shall be
no less than twenty (20) feet in length and not less than ten (10) feet in width.
Party Wall/Common Wall: A fire-resistive-rated wall assembly for exterior walls located
on a lot line between adjacent Dwelling Units, which is used or adapted for joint service
between the two dwelling units, and shall be constructed in accordance with Table
R302.1 of the International Residential Code for exterior walls or such table as, may be
amended in the future. Common walls shall be constructed without openings and shall
create separate dwellings.
Planning: The process of gathering information, evaluating that information, developing
alternatives for future action and setting development goals and policy is commonly referred to
as “planning.” In a community, planning is a joint effort between citizens, elected officials, the
planning and zoning commission and planning staff. It consists of identifying the physical, social,
and economic factors which affect and are part of the community; defining the community’s
goals and objectives; and after careful evaluation of the information and possible alternatives for
the future, selecting a course of action which is most likely to bring the community closer to its
desired goals. The products of this process usually include a comprehensive plan, plus zoning
and subdivision ordinances that carry out the goals elucidated by the plan. Planning is a
continuous process, because community goals and attitudes change, new information and
philosophies emerge, and new economic and social conditions develop. This requires periodic
re-evaluation of the previously established values and goals.
Planned Unit Development (PUD): A development that is pre-planned in its entirety with the
subdivision and zoning controls applied to the project as a whole rather than to individual lots.
Therefore, densities are normally calculated for the entire development, usually permitting a
trade-off between clustering of housing and provision of common open space. The density
requirements of the zone are normally maintained in the development as a whole. The PUD is
usually characterized by a unified site design and while most commonly used for residential
development, the technique can also be applied to other forms of development such as
shopping centers and industrial parks and mixed uses. The PUD also refers to the process of
site-plan review, in which planning and zoning, staff and the governing board has considerable
involvement in determining the nature of the development. The technique includes aspects of
both subdivision and zoning regulations but permits a variation in the rigid zoning and
subdivision regulations. A conditional use permit is required prior to the approval of a PUD.
Planning and Zoning Commission: A group of citizens appointed by the mayor and
confirmed by majority vote of the governing board. The planning and zoning commission is
charged with overseeing the comprehensive planning process and implementing the plan
Page 12 of 17 DEFINITIONS REVISED 7-2-09
through the zoning and subdivision ordinances. The commission serves in an advisory capacity
to the governing board. The Local Land Use Planning Act describes the method of creation,
powers, and duties of the planning and zoning commission.
Plat: A plat is a map representing the subdivision of a parcel of land into lots, blocks, and
streets or other divisions and dedications. A preliminary plat is an approximate drawing of a
proposed subdivision showing the general layout of streets and alleys, lots, and blocks in the
subdivision. A final plat is the final drawing that is recorded with the county and fulfills the
numerous requirements of the Idaho platting statute (Idaho Code Title 50, Chapter 13) and local
regulations.
Principal Use: The principal use is the main use of a lot or building as distinguished from a secondary or
accessory use on the same lot. A dwelling is a principal use on a residential lot while a garage is an
accessory use.
Public Building: For the purpose of this plan a public building will be any city, county, public
school, fire district, recreational district, state, federal, or similar governmental building located
within the City of Ammon or within the City’s comprehensive plan area.
Public Hearing: A published time and meeting place where citizens can voice their opinions on a
proposal. Most public hearings are held before the planning and zoning commission with a
recommendation sent to the governing board after citizen input.
Public Records: In general, anything written or recorded by the City government. The Idaho Code notes
that “Every person has a right to examine and take a copy of any public record of this state and there is a
presumption that all public records in Idaho are open at all reasonable times for inspection except as
otherwise expressly provided by statute.” The law provides for a number of exceptions.
Residential Zone: A geographic area of the city where residential dwellings are a permitted
use under the zoning ordinance. There are several residential zones, including single family,
both attached and detached and multi-family.
Rest Home: A building for the care and keeping of elderly and ill people. A rest home is not a
boarding, lodging or rooming house.
Rezoning: A change in the zoning district boundaries of the city ordinance. Rezones must be
in accordance with the comprehensive plan and may be enacted only after public notice and
hearing.
Rooming House: See Boarding/Lodging House.
Right of Way (ROW): The right of way is the right to pass over the property of another. It usually refers
to the land required for the traffic lanes plus shoulders on both sides of roadways, railroads, bike and
walking trails. It is normally the land that has been dedicated to the city (public) for traffic purposes.
RV Park: The location designed for the accommodation of travel trailers as defined to provide
safe, sanitary and attractive facilities for the use of travel trailers.
RV Space: A lot or parcel of land in a trailer park designated for use of a travel trailer.
Senior Independent Living Complex An independent living residence which offers rentable
Page 13 of 17 DEFINITIONS REVISED 7-2-09
housing and usually one or more services to assist the resident. Residents are independent for
the most part, but may like to have, or require some assistance in their daily routines. Services
may but are not required to include the following: Help with grooming, bathing, shopping,
providing meals, transport to appointments, etc.
Service Station: A business that includes gasoline dispensing capabilities that can
accommodate no more than twelve (12) vehicles simultaneously.
Service Station (Super): A business that includes gasoline dispensing capabilities that can
accommodate thirteen (13) or more vehicles simultaneously.
Setback: The shortest distance between the property line and the foundation, wall or main
frame of the building. and/or any projection thereof, excluding uncovered steps. Cornices,
canopies, eaves, or other similar architectural features not providing additional floor space
within the building may extend into a required side, front or rear yard setback no more than
three (3) feet. Setbacks will be measured from the property line to the foundation of the
structure.
Share Use Path/Trail: See Trails (Bicycle/Pedestrian)
Shopping Center: An area or tract of land specifically set apart and zoned to provide
commercial services of various types, according to an integrated, approved plan.
Sidewalks: The portion of a street adjacent to or running parallel to a roadway. Sidewalks are
that area designed and built for preferential or exclusive use by pedestrians. However, because
many streets are too narrow to safely accommodate bicycles and motor vehicles, it may be
necessary for bicyclists to share the sidewalk with pedestrians. When bicyclists must use the
sidewalk, they must yield to pedestrians. At times this may necessitate the bicyclist becoming a
pedestrian, by getting off of and walking beside the bicycle.
Sign (Off-Premise): A business sign which directs the attention of the public to a business, an
activity or to any commercial or non-commercial product(s) or service(s) that are sold offered or
distributed from a location that is not on the same premises where such business sign is
located. For the purposes of this ordinance, signs that contain two or more business names
and that are located in a development platted and planned as one development or shopping
center are not subject to this definition.
Signed Shared Roadway (Signed Bike Route): See Trails (Bicycle/Pedestrian)
Single Family Residence: A building consisting of one (1) or more residential dwelling units,
where, excluding common areas, each of the residential dwelling units can be owned separately
from all other residential dwelling units in the building.
Site Plan: A site plan is a scale drawing showing proposed structures and improvements for a
parcel of land as required by the applicable regulations. It includes lot lines, lot area, streets,
parking spaces, private roadways, walkways, topographic features, reserved open space,
buildings and other structures, landscaping, and the location of proposed or existing utility
easements. A site plan is a more detailed representation of a proposed development than
shown in a plat, and may also include density and statistical data.
Page 14 of 17 DEFINITIONS REVISED 7-2-09
Site Plan Review: Site plan review is the process whereby city staff and the planning and
zoning commission, review the site plan of a development to assure that it meets the stated
purposes and standards of the zoning and subdivision ordinance.
Special Use Permit: See Conditional Use Permit.
Spot Zoning: Spot zoning is a form of discriminatory zoning that serves to further the interests of a few
private property owners instead of the welfare of the entire community as set forth in the comprehensive
plan. Spot zoning is based on the arbitrary and inappropriate nature of a rezoning change rather than, as
is commonly believed, the size of the area being rezoned.
Storm Water: Water or runoff from rainstorms or snowmelt that does not soak into the ground or
evaporate, but instead flows across surface areas such as lawns, parking lots, rooftops, streets etc.
Storm Water Retention: An area of retention designed to contain storm water from a 100 year
flood event for a period of forty-eight (48) hours. Where green space serves as the required
storm water retention areas, only grasses and vegetation compatible with water retention may
be allowed.
Story: That portion of a building included between the surface of a floor and the ceiling next
above the floor.
Street: A public thoroughfare other than an alley also referred to as an arterial, collector or
local.
Street (Front): A street on which the lots of a subdivision of a City block generally front.
Street (Major): One of the principal streets in the City, normally shown and designated on the
Master Street Plan of Ammon as a Major Street.
Street (Minor/Local): Any dedicated street serving as the principal means of access to
property, which street is not shown on the Master Street Plan of Ammon as a Major Street.
Street (Side): A street intersecting a front street.
Structural Alterations: Any change in the supporting members of the building, such as the
bearing walls, columns, beams, girders or roof.
Subdivision: The division of a developed or undeveloped tract or parcel of land into three (3)
or more parts for the purpose, whether immediate or future, of sale or of building development.
Subdivision is both the process and the result of laying out a parcel of undivided land into lots,
blocks, streets, and public areas.
Subdivision Regulations: Subdivision regulations are local ordinances that regulate the
conversion of undivided land into building lots for residential or other purposes. The regulations
establish requirements for streets, utilities, site design and procedures for dedicating land for
open space or other public purposes to the local government or for fees in lieu of dedication,
and prescribe procedures for plan review and payment of fees.
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: (1)
Page 15 of 17 DEFINITIONS REVISED 7-2-09
before the improvement or repair is started, or (2) 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.
Surgical Center: See Hospital/Surgical Center.
Swimming Pool (Private): A swimming pool serving as an amenity to and located within the
lot of a primary dwelling unit.
Swimming Pool (Public): A swimming pool located on a lot where a primary residence is not
included on the same lot. Examples of public swimming pools would be a pool located within a
subdivision for the use of all or part of the residents within the subdivision, regardless of the type
of ownership of said swimming pool.
Town House Dwelling: Two or more Single Family attached Dwelling Units within the same
building separated by zero lot line construction where ownership of the individual dwelling units
is independent of each other including specified ground around the individual dwelling units and
no common ownership in the building or grounds exist.
Town House Unit: A Single Family Dwelling Unit contained in a Town House Dwelling.
Trails (Bicylcle/Pedestrian): For the purpose of this Code, the following definitions shall be
included in the definitions referring to trails:
(A) Bike Lanes:
A portion of a roadway designated by striping, signing and pavement
markings for the preferential or exclusive use of bicyclists. Bike lanes are striped lanes
on existing roadways running parallel, and adjacent, to the outside motor lane. A bike
lane is for the exclusive use of bicyclists and allows for one-way travel in the same
direction as the motor vehicle with one lane on each side of the road.
(B) Bikeway:
A generic term for any road, street, path or way which, in some manner, is
specifically designated for bicycle travel, regardless of whether such facilities are
designated for the exclusive use of bicycles or are to be shared with other transportation
modes.
(C) Multi-Use Path/Trail:
Paths entirely separated from the roadway, generally by a space
of at least five (5) feet, except at infrequent intersections. Bicyclists, pedestrians and
various other non-motorized users can use multi-use paths/trails.
(D) Share Use Path/Trail:
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier and either within the street right-of-way or within and
independent of right-of-way. Shared use may also be used by pedestrians, skaters,
wheelchair users, joggers and other non-motorized users.
(E) Signed Shared Roadway (Signed Bike Route):
A shared roadway designated by
signing as a preferred route for bicycle use. When signs are used, it indicates to
bicyclists that particular advantages exist to using the route compared to alternates and
the responsible agency has taken action to ensure the roadway is suitable and
maintained.
Page 16 of 17 DEFINITIONS REVISED 7-2-09
Trailer Court: See manufactured home court.
Trailer House: See manufactured home.
Travel Trailer Park/Court: See RV Park
Trailer Space: See RV Space.
Travel Trailer: The term "travel trailer" shall mean and include all living accommodation units
which are capable of unrestricted highway use and not placed upon any foundation. The term
shall include, but not be limited to, travel trailers, motor home units, fifth wheels, and campers
mounted on automotive vehicles.
Vacant – Although this category is primarily intended to specify those lands which have no
particular use designation, this category is also used to specify lands which have been annexed
but have not been issued a building permit or have been designated as transportation right-of-
ways, major utility easements and waterways. The category could include both platted and
unplatted lands.
Variance: A waiver of specific regulations of this ordinance granted by the City in accordance with the
provisions set forth in this ordinance for the purpose of assuring that no property, because of special
circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in
the same zone. Those requirements can be found in Chapter 9 section (10-9-8-B).
Wholesale: Sale of goods for resale as distinguished from sale of good to consumers.
Yard: An open space on a lot with a building, which space is unoccupied or unobstructed from
the ground upward, except as otherwise permitted in this ordinance.
Yard (Front): The minimum horizontal distance between the street (property) line and the front
line of the building or any projection thereof, excluding steps. Measured from the building
foundation closest to the street to the property line adjacent to the street.
Yard (Required): The open space around buildings which is required by the terms of this
ordinance.
Yard (Rear): An open, unoccupied space on the same lot as a building, measured from the
building foundation closest to the rear lot line of the building (exclusive of steps) and the rear
property line, and extending for the entire width of the lot.
Yard (Side): A yard between the building and the side property line of the lot and extending
from the street line to the rear of the lot, measured from the building foundation nearest to the
side property line.
Zero Lot Line: A property line which meets either of the following two conditions:
1. A property line runs through a solid, unbroken, not hollow wall running from the bottom
of the basement or crawl space to the top of the ceiling of a building. Each property to
either side of this dividing wall may install any needing support beams and an inner wall
against the dividing wall. Utility lines (electric, telephone, cable, etc.) and pipes (water,
sewer, natural gas, etc.) may be placed behind the inner wall, but in no case may any
Page 17 of 17 DEFINITIONS REVISED 7-2-09
line, pipe or any other opening pierce the dividing wall.
2. A property line which runs between two buildings whose solid, unbroken outer walls,
running from the bottom of each building’s basement or crawl space to the top of each
building’s attic, touch each other. No utility line or pipe may cross the two touching
walls, nor may any other opening in one touching wall align with any opening in the wall
it touches.
Zoning Ordinance: Zoning ordinance is the local law adopted by the governing body to assure orderly
development according to specific standards established for the general public welfare and govern the
types of permitted land uses, the maximum density or minimum lot size, building heights, setbacks and
so on. Zoning ordinances consist of text and a zoning district map. The map divides the jurisdiction into
districts (zones) for different types of development, while the text specifies what regulations apply to each
district, including general provisions and administration.
4-1 5/7/03
CHAPTER 4
AMENDMENTS
SECTION:
10-4-1: Ordinance and Map May be Amended
10-4-2: Petition to Planning Commission
10-4-3: Amendments to be in Harmony with Land Use Plan
10-4-4: Public Hearing Required by City Council--Notice
10-4-5: Protest
10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the
map, may be amended, supplemented, changed or modified from time to time, but all proposed
amendments shall be submitted first to the Planning Commission for its recommendations, which
recommendations shall be submitted to the City Council for its consideration.
10-4-2: PETITION TO PLANNING COMMISSION: Persons seeking an amendment of the
zoning ordinance or map shall submit to the Planning Director Commission a written petition
designating the change desired the reasons therefor and wherein the proposed amendment would
further promote the objectives and purposes of the zoning ordinance, together with such fee as may
be established by the City Council. Upon the receipt of the petition, the Planning Director or their
designee shall schedule Commission shall consider the request. The Planning Commission shall
call a public hearing upon such matters as are required to be heard by the Planning Commission
under law and may call a public hearing on other matters, in the commission's discretion before
submitting its recommendations to the City Council. The Planning Commission may also
recommend amendments to the ordinance and map to the City Council on its own initiative.
10-4-3: AMENDMENTS TO BE IN HARMONY WITH LAND USE PLAN: Before
recommending an amendment to the Comprehensive Plan, Land Use Map, the zoning ordinance or
boundaries, it must be shown that such amendment is reasonably necessary, is in the interest of the
public and is in harmony with the Comprehensive Land Use Plan, its map and the intent of the
Zoning Code. adopted by the City Council. Failure on the part of the Planning Commission to make
recommendations within thirty (30) days from the date of receipt of the petition by the Building
Official shall be deemed to constitute approval of such proposed amendment unless a longer period
is granted by the City Council. The fee provided herein shall not be returnable.
10-4-4: PUBLIC HEARING REQUIRED BY CITY COUNCIL--NOTICE: Amendments to this
ordinance and map may be adopted only after a public hearing has been held in relation thereto by
the City Planning and Zoning Commission with recommendations made by the Commission to the
City Council. Notice of the time and place of such hearing shall be published in the official
newspaper of the city at least fifteen (15) days before the date of the hearing as provided in Section
67-6509 of the Idaho Code and in addition thereto in the case of a zoning district boundary change
additional notice shall be provided by mail to property owners or purchasers of record within the land
being considered and within 500 feet of the external boundaries of the land being considered;
providing that the additional area of 500 feet from the external boundaries is determined as an area
that may be impacted by a proposed change in the zoning district boundaries; provided that such
4-2 5/7/03
mail notice shall be also with time limits of at least fifteen (15) day prior to the date of the hearing
and that an additional notice shall be posted on the premises wherein such change is requested not
less than one (1) week prior to the hearing. The City Council as the governing board may in its
discretion conduct at least one (1) public hearing in addition to the public hearing conducted by the
Commission under the same notice and hearing procedures as herein provided. The governing
board upon its own hearing and findings or if it is determines, that it may act upon the
recommendation of the Planning and Zoning Commission may adopt, reject, repeal or amend the
proposed zoning or map ordinance amendments.
10-4-5: PROTEST: In the case of a protest against a change in the zoning ordinance or map,
signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such
proposed change or of those immediately adjacent to the rear thereof, extending three hundred
(300) feet from the street frontage of such opposite lots, such amendment shall not become
effective except by favorable vote of at least three-fourths (3/4) of all members of the City Council.
10-4-5: BASIS FOR ZONING ADDITIONS TO THE CITY AND ZONING AMENDMENTS:
The purpose of this section is to provide guidance to the Planning Commission in making
recommendations on the initial zoning of areas being annexed to the City and in evaluating
petitions for amendments to the City's zoning map.
A. Written findings shall be prepared in support of all initial zoning and zoning map
amendment decisions as required by Idaho Code Section 67-6535.
B. The zoning of all areas shall be in harmony with the City's adopted
comprehensive plan, as required by Idaho Code Section 67-6511. Because the
comprehensive plan provides only general guidance for zoning decisions, the
Planning Commission shall also take the following considerations into account:
1. The potential for disruption of agricultural irrigation and drainage systems;
2. The potential for damage to neighboring properties or public facilities
(including streets, culverts, bridges, and existing storm drains) from
accelerated storm water or snow melt run-off;
3. The potential for traffic congestion as a result of development or changing
land use in the area and need that may be created for wider streets,
additional turning lanes and signals, and other transportation
improvements;
4. The potential for exceeding the capacity of existing public services,
including, but not limited to: schools, public safety services, emergency
medical services, solid waste collection and disposal, water and sewer
services, other public utilities, and parks and recreational services;
5. The potential for nuisances or health and safety hazards that could have
an adverse effect on adjoining properties; and
6. Recent changes in land use on adjoining parcels or in the neighborhood of
the proposed zoning map amendment.
Page 1 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
CHAPTER 5
SUPPLEMENTARY REGULATIONS TO ZONES
SECTION:
10-5-1: Effect of Supplementary Regulations
10-5-2: Yard Space for One Building Only
10-5-3: Sale or Lease of required Space
10-5-4: Sale or Use of lots Below Minimum Space Requirements
10-5-5: Yards to be Unobstructed
10-5-6: Area of accessory Buildings
10-5-7: Additional Height, Allowed for Public Buildings
10-5-8: Clear View of intersection Streets and Ways
10-5-9: Effect of Street Plan
10-5-10: Dwelling Sites to Abut Upon a Public Street Exceptions
10-5-11: Flood Channels and Water Courses
10-5-12: Swimming Pools
10-5-13: Concessions in Public Parks and Playgrounds
10-5-14: Sewage Disposal
10-5-15: Storage of junk and Debris Not Permitted in Residence Zone
10-5-16: Trailers
10-5-17: Storage of Commercial Vehicles in Residential Zones Prohibited
10-5-18: Minimum Height of Main Buildings
10-5-19: Exceptions to Front and Side Set-Back Requirements
10-5-20: Advertising Signs in Residential Zones
10-5-21: Prohibition of Uses
10-5-22: Temporary Uses of land and Structures
10-5-23: Required Parking and Loading Areas
10-5-24: Landscaping
10-5-1: EFFECT OF SUPPLEMENTARY REGULATIONS: The regulations herein set forth in
this chapter qualify or supplement, as the case may be, the regulations within zones appearing
elsewhere in this ordinance.
10-5-2: YARD SPACE FOR ONE BUILDING ONLY: 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 provisions of this ordinance shall be considered as providing a yard or open space
for any other building nor shall any yard or any other required open space on an adjoining lot be
considered as providing the yard or open space whereon a building is to be created or established.
Page 2 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
10-5-3: SALE OR LEASE OF REQUIRED SPACE: No space needed to meet the width, yard,
area coverage, parking or other requirements of this ordinance for a lot or building may be sold or
leased apart from such lot or building unless other space so complying is provided.
10-5-4: SALE OR USE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS: No parcel
of land which has less than the minimum width or area requirements for the zone in which it is
located may be cut off from a larger part of land for the purpose, whether immediate or future, of
building or development as a lot. No residential lot meeting the requirements of Chapter 14, Section
3(B), if approved, under five thousand (5000) square feet, and no other residential lot or parcel
under eight thousand (8000) square feet shall be considered as a buildable lot or parcel in the City
of Ammon and Any residential lot or parcel under eight thousand (8000) square feet shall be
designated as “non-buildable” on any plat being recorded for the City. Except for public and
community utilities, no structure shall be placed on any undersized lot within the City without first
being consolidated with an adjacent lot under the same ownership.
10-5-5: YARDS TO BE UNOBSTRUCTED--EXCEPTIONS: Every part of a required yard
shall be open to the sky and unobstructed, except for permitted accessory buildings and for
projection of sills, cornices, belt courses, etc., as follows:
(A) Belt courses, sills, and lentils or other ornamental features may project not more than
eighteen (I8) inches into front, rear and side yards.
(B) Cornices, eaves, and gutters may project into any front yard, side yard or rear yard not more
than one-third (1/3) of the width of the minimum required side yard for the lot on which the
building is to be erected.
(C) Unwalled and unroofed porches, terraces, balconies and steps may extend into any side
yard not more than one-third (1/3) of the width of the minimum required side yard.
10-5-6: AREA OF ACCESSORY BUILDINGS: No accessory building or group of accessory
buildings in a residential zone shall cover more than thirty percent (30%) of the rear yard.
10-5-7: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS: Public buildings,
public utility buildings, public and parochial schools and churches may be erected to any height,
provided the building is set back from the required building set-back lines at least one (1) foot for
each additional foot of building height above the maximum height or otherwise permitted in the zone
in which the building is located.
10-5-8: CLEAR VIEW OF INTERSECTING STREETS AND WAYS: For the purpose of
insuring reasonable visibility and safety in the residential districts and in the business districts which
require buildings to be set back from the right-of-way line, a sight triangle shall be maintained on the
corner of land adjacent to the intersection of two streets, or adjacent to the intersection of an alley or
Page 3 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
driveway and a street. Where two streets intersect, the sight triangle shall be bounded by the point
where the two property lines (or extension thereof) that are adjacent to the two streets intersect, and
by the point on each property line located thirty (30.0) feet from the intersection point. Where an
alley or driveway and a street intersect, the sight triangle shall be bounded by the point where the
property line adjacent to the street, or extension thereof, and near side of the alley or driveway or
extension thereof intersect, by the point on the property line located thirty (30.0) feet from the
intersection point, and the point on the near edge of the alley or driveway located fifteen (15.0) feet
from the intersection point, The sight triangle shall be free from structures, except as otherwise
permitted in this section. Trees and other obstacles to clear sight in such triangles shall be trimmed
at least seven feet above the top of curb to provide clear visibility up to that height, plus any
additional height required to maintain visibility of street and traffic control signs. Trunks or other
support structures shall not exceed twelve (12.0) inches in diameter, and (measured parallel to the
street, alley, or driveway, from trunk or support structure center line to center line) shall not be closer
to each other than twelve (12.0) feet. Shrubs, fences and walls, and other obstacles to clear sight
located therein shall not exceed three (3.0) feet in height.
10-5-9: EFFECT OF STREET PLAN: The establishment of planned street widths and
building setback lines is necessary in order to insure that there will be adequate amounts of light and
air to provide adequate visibility when entering or leaving the streets, to provide a proper setting for
buildings away from the noise and fumes of traffic, to promote safety, to reduce congestion and to
provide space for landscaping, both now and in the future when all streets and highways have been
widened to their ultimate width.
The City Council, after holding a public hearing on a proposal to establish the width of any street or
group of streets, may establish said street widths; and such width determination shall be used in
calculating the required yards and buildings setback lines set forth in this ordinance.
Whenever a front or side yard is required for a building abutting on a street to be widened or
constructed, as designated by the City Council, the depth of such front or side yard shall be
measured from the planned street line; and no structure or building or any portion thereof shall be
erected within the building setback lines.
10-5-10: DWELLING SITES TO ABUT UPON A PUBLIC STREET--EXCEPTIONS: At least
one side of each lot used as a dwelling site shall abut upon a street which has been deeded,
dedicated or abandoned to the public for street purposes, and the length of such abutting side shall
be at least as great as the width required for dwelling sites in the zone in which said building site is
located. Except in dwelling groups (planned), or except where approved by the Board of
Adjustment, every dwelling site shall face or front upon a public street.
Page 4 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
10-5-11: FLOOD CHANNELS AND WATER COURSES: No building or structure, fence or
other obstruction may be constructed within any natural waterway which has been designated as a
floodway by the City Council, and no such waterway may be otherwise reduced in effectiveness in
any manner by the dumping of garbage or other refuse or earth or by leveling or by obliteration. All
applications for permits to construct buildings within seventy-five (75) feet of the banks of such
designated natural flood channels shall be submitted to the Board of Adjustment. The Board of
Adjustment may grant such a permit for a building or structure as a conditional use, subject to the
following conditions:
(A) Adequate measures are taken to insure the uninterrupted flow of water during floods.
(B) Adequate measures are taken to protect the building or structure from damage due to
floods.
(C) Flood damage hazard to surrounding land and improvements will not be increased as a
result of the construction of a building or structure for which a permit is requested.
(D) All structures will be located in accordance with the plan of flood drainage adopted by the
City Council.
10-5-12: SWIMMING POOLS: Swimming pools not completely enclosed within a building
having solid walls shall be set back at least five (5) feet from the property lines and shall be
completely surrounded by a fence of at least five (5) feet in height. There shall be no openings
larger than thirty-six (36) square inches, except for gates, which shall be equipped with self-closing
and self-latching devices.
10-5-13: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS: Concessions, including,
but not limited to, amusement devices, recreational buildings and refreshment stands, shall be
permitted on a public park or playground when approved by the City Council.
10-5-14: SEWAGE DISPOSAL: Where domestic sewage disposal facilities are to be used,
which are not connected to a public sewer, approval of such facilities shall be obtained from the City
before a building permit shall be issued therefor. Provided, however, that this provision shall in no
way abrogate other ordinances or laws requiring connections to public sewers.
10-5-15: STORAGE OF JUNK AND DEBRIS NOT PERMITTED IN RESIDENCE ZONE: No
yard or other open space surrounding an existing building in any residence zone, or which is
hereafter provided around any building in any residence zone, shall be used for the storage of junk,
debris or obsolete vehicles; and no land shall be used for such purposes, except as specifically
permitted herein.
Page 5 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
10-5-16: TRAILERS: No occupied trailer house shall be permitted in Ammon, Idaho, except
when located in an approved trailer court, or except when used as a caretaker's dwelling incidental
to the use of a lot for commercial or industrial purposes, or in connection with the construction of a
structure on the lot. No unoccupied house trailer or mobile home shall be parked or allowed to
remain in any required front yard or side yard which faces on a street in any residential zone.
10-5-17: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED:
The storage of commercial automobiles and the storage of trucks and construction equipment such
as bulldozers, graders, cement mixers, compressors, etc., shall not be permitted on any lot in any
residential zone, provided that construction equipment may be stored on a lot during the
construction of a building thereon, but not to exceed one (1) year.
10-5-18: MINIMUM HEIGHT OF MAIN BUILDINGS: Basement houses shall not be permitted
in any district or zone within the City limits.
10-5-19: EXCEPTIONS TO FRONT AND SIDE SET-BACK REQUIREMENTS: Where lots
comprising forty percent (40%) or more of the frontage of any block on any street are structurally
developed, no building hereafter erected or structurally altered ill said block shall project beyond the
average front yard set-back so established.
EXCEPTION: That no set-back requirement be more than the set-back established for the
subject zone, and it is further provided that the front of no building which is to be located
between two existing buildings, not exceeding one hundred and fifty (150) feet apart, will be
required to set back further than the average of the two existing buildings.
10-5-20: ADVERTISING SIGNS IN RESIDENTIAL ZONES: Except as provided in this Section
10-5-20 and Sections 10-34-17 and 10-34-18 of this City Code, no advertising signs shall be allowed
in any residential zone. Signs advertising an allowed and licensed home occupation shall be
allowed within any residential zone
Except as otherwise provided in this ordinance, no advertising signs of any kind shall be allowed in
any residential zone except signs pertaining to the sale or lease of residential property, and except
for a name plate. Signs pertaining to the sale or lease of residential property shall not exceed six (6)
square feet. Name plates or signs used in connection with a home occupation shall not exceed two
hundred twenty-six (226) square inches.
10-5-21: PROHIBITION OF USES: Uses of land which are not expressly prohibited within
this ordinance, therein, except that the provisions of this ordinance shall not apply to properties
or land owned by the State of Idaho, and by the United States Government. Nevertheless, the
provisions of this ordinance are applicable not only to private persons, agencies and
organizations, but also to all public agencies and organizations to the full extent that they may be
enforceable in connection with the activities of any such public agencies or organizations.
Page 6 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
10-5-22: TEMPORARY USES OF LAND AND STRUCTURES: Upon written application
showing proof of need, the Board of Adjustment may authorize the issuance of a building permit
and/or temporary certificate of occupancy for the use of land and/or the erection and use of
buildings for a temporary use, provided that any such building permit shall be valid for a period of not
to exceed one (1) year, and such temporary certificate of occupancy shall be valid for a period of
one year, subject to renewal at the discretion of the Board of Adjustment for not more than two (2)
successive periods.
Temporary uses shall include only non-commercial concrete batching plants, both incidental and
necessary to construction within the immediate area; temporary buildings or yards for construction
materials and/or equipment both incidental and necessary to construction within the immediate area,
provided that no retail or wholesale outlet is maintained in connection therewith; temporary offices
used in conjunction with the construction operations within the immediate area, or the sale of
property within a project.
10-5-23: REQUIRED PARKING AND LOADING AREAS:
(A) Off-street Parking Necessary. Off-street parking and loading space shall be provided in
connection with the erection or change of use or occupancy, or the intensification of use of
any building in accordance with the provisions of this ordinance, except that the Board of
Adjustment, after a recommendation from planning and zoning, may reduce or eliminate the
requirements for off-street parking under any of the following conditions:
1. When it can be shown that adequate parking space existed based on the ordinance
in effect at the time the original or subsequent building permit was issued.
2. When the existence of a unique situation or condition mitigates the need for parking
space to the extent required by a literal interpretation of this ordinance.
3. When a legal entity established for the purposes of supplying off street parking
space has issued a statement to the City certifying that said legal entity will supply
to the petitioner the required off-street parking space.
(B) Parking and Loading Facilities, Non-Conforming. Any use of property which, on the
effective date of this ordinance or of any subsequent amendment thereto, is non-
conforming only as to the regulations relating to off-street parking and loading facilities
may be continued in the same manner as if the parking and loading facilities were
conforming. However, such parking and loading facilities as do exist shall not be further
reduced unless substitute off street parking and loading space is provided which
complies with the provisions of this ordinance.
(C) Permissive Parking and Loading Facilities. Nothing in this Ordinance shall be deemed to
prevent the voluntary establishment of off-street parking or loading facilities in excess of
those required by this ordinance, provided that all regulations herein governing the
location, design and operation of such facilities are adhered to.
Page 7 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
(D) Parking Spaces Required. The number of off-street parking spaces required for each
use shall be not less than the number set forth herein. When calculating the required
number of parking spaces, areas designated as easements for drive-through access to
other buildings and other designated driveways shall not be used.
1. Required parking, residential zone. These requirements shall pertain to all
residential zones existing now, and those that may be added in the future, as
defined by Section 10-11-1(A) excluding the RMH zone.
(a) Number required.
i. One or two unit dwellings shall provide two (2) parking spaces per
dwelling unit.
ii. Three or more unit dwellings shall provide as follows:
Studio, One (1) or two (2) bedroom units shall provide two (2)
parking spaces per dwelling unit.
Three (3) or more bedroom units shall provide two and one-half
(2-1/2) parking spaces per dwelling unit.
EXCEPTION: A reduction in the number of spaces required to
one for each three units in residential developments designed for
occupancy exclusively by the elderly. To qualify for this exception
the applicant must provide written assurance that the occupants of
all units will be persons over 62 years of age or their spouses.
(b) Location of parking spaces for dwellings. Applicable to all zones (except
those in which dwellings are not permitted). For single family detached
dwellings in zones requiring ten thousand (10,000) or more square feet
per lot, and for single family attached townhouse dwellings (those
attached to adjacent units only via zero lot lines) in zones permitting no
more than two (2) dwelling units per building, a minimum of two (2) spaces
per dwelling unit for parking of automobiles shall be enclosed in a garage
attached to the dwelling unit. For single family attached townhouse
dwellings in zones permitting three (3) or four (4) dwelling units per
building, a minimum of one (1) of the required parking spaces for each
dwelling unit shall be enclosed in a garage attached to the dwelling unit.
For single family attached dwelling in zones permitting five (5) or more
dwelling units per building, a minimum of one (1) of the required parking
spaces for each dwelling unit shall be within a carport or garage (attached
or detached) . For all other dwellings a minimum of one (1) space for
parking of automobiles for dwelling units shall either be enclosed in a
garage or carport, or sufficient yards must surround the parking space so
that the parking space can be enclosed in a building or carport that
maintains the minimum setbacks required in the zone. Additional parking
required must meet the requirements of the zone in which it is located.
Page 8 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
Such parking spaces shall be located on the same lot as the building,
except as may be permitted by the Board of Adjustment. The Board of
Adjustment may authorize the Zoning Administrator to permit off-street
parking spaces to be located off such lot if all of the following criteria are
met:
i. It would impose an unnecessary hardship upon the property of the
appellant to insist that the off-street parking facilities be located on
the same lot as the dwellings.
ii. Substitute off-street parking facilities can be conveniently provided
off such lot and within four hundred (400) feet.
iii. A lease for a term of not less than five (5) years to use the
substitute parking space can be secured by the appellant, or else
the substitute parking space is owned by the appellant.
(c) Garage access. All parking spaces in a garage must have direct vehicle
access to a door leading to the exterior, without being blocked by another
vehicle. Except for where each parking space has its own door to the
exterior on either end of the garage, tandem garages are prohibited.
(d) When the required parking area for a multi-family dwelling is provided in the
rear of the dwelling, that dwelling shall have a direct access to the rear
parking area. No parking in the rear of a multi-family dwelling that does not
contain a rear yard entrance from the dwelling shall be counted as meeting
the required parking for said dwelling.
2. Required parking, commercial zones. These requirements shall pertain to all
commercial zones existing now, and those that may be added in the future, as
defined by Section 10-11-1-(B) excluding the PB zone.
(a) Number required.
i. Automobile and machinery sales, excluding automobile sales
facilities that do not perform vehicle repair or services: One (1) for
each seven hundred fifty (750) square feet of floor area.
ii. Banks: One (1) for each two hundred (200) square feet of floor
area.
iii. Bowling Alleys: Five (5) for each alley. Additional parking spaces
for balance of building calculated according to use.
iv. Retail establishments and Service Establishments otherwise not
enumerated in this section, such as drug stores, department
stores, repair shops, animal hospitals, business schools, dance
Page 9 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
studios: One (1) for each two hundred (200) square feet of
building floor area, except area devoted exclusively to
warehousing or storage, or one (1) for each employee on largest
shift, whichever is greater. (1/300 sq. ft. prior to 5-3-01 ordinance
#289)
v. Theaters, auditoriums, stadiums, sports arenas, gymnasiums:
One (1) for each five (5) fixed/bench seats or one (1) for every
thirty-five (35) square feet of seating area, where there are no
fixed/bench seats. Also one (1) for each six hundred (600) square
feet of floor area not used for seating.
vi. Cafes, cafeterias, restaurants and other similar places dispersing
food or refreshments: One (1) for each five (5) fixed/bench seats
or for every thirty-five (35) square feet of seating area where there
are no fixed/bench seats plus one (1) parking space for each
employee on the largest shift, whichever is greater.
vii. Dance halls and skating rinks: One (1) for each five (5)
fixed/bench seats or for every thirty-five (35) square feet of seating
area where there are no fixed/bench seats, plus one (1) parking
space for each seventy-five (75) square feet of floor area used for
dancing or skating.
viii. Furniture sales and repair, major household appliance sales and
repair: One (1) for each six hundred (600) square feet of floor
area or one (1) for each employee on the largest shift, whichever is
greater.
ix. Hotels and Motels: One (1) for each living or sleeping unit, plus
one (1) for each employee on the largest shift.
x. Medical, chiropractic and dental clinics and offices: Five (5) for each
doctor or dentist, nurse practitioner, or physician’s assistant.
xi. Mortuary and funeral home: One (1) for each five (5) fixed/bench
seats of all areas used simultaneously for assembly purposes or
for each thirty-five (35) square feet of floor space used for such
assembly purposes. Also, one (1) for each vehicle used in
connection with the use.
xii. Drive-ins (involving no inside seating): One (1) space for each
thirty-five (35) square feet of building floor area, plus one space for
each employee on the largest shift.
xiii. Open air commercial uses, such as nurseries and used car vehicle
sale lots that do not have vehicle repair or service facilities: One
Page 10 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
(1) for each two thousand (2,000) square feet of lot area devoted
to sales and display, or one (1) for each employee on the largest
shift, whichever is greater.
xiv. Plumbing, heating and electrical shops: One (1) for each six
hundred (600) square feet of floor area or one (1) for each
employee on the largest shift, whichever is greater, plus one (1) for
each vehicle used in connection with the use.
xv. Rest home Convalescent Home: One (1) for each five (5) patient
beds. plus one (1) for each employee on the largest shift.
xvi. Rooming house, dormitory, fraternity house and sorority house:
One (1) parking space for each sleeping room or one parking
space for each one hundred (100) square feet of floor area used
for sleeping purposes, whichever is greater.
xvii. Skilled Care/Assisted Living: One (1) space per five (5) patient
beds.
3. Required parking Professional and Manufacturing. These requirements will
pertain to professional office or manufacturing zones existing today and those
that may be added in the future. Zones included are: PB and M-1.
i. Professional business or administrative offices (excluding
medical, chiropractic and dental): One (1) for each three hundred
(300) square feet of floor area or one (1) for each employee on the
largest shift, whichever is greater.
ii. Professional business or administrative offices with no customers
that visit the site: One (1) for each three hundred (300) square feet
of floor area.
iii. Manufacturing, processing or fabricating establishments: One (1)
for each seven hundred fifty (750) square feet of working space or
one (1) for each employee on the largest shift, whichever is
greater.
4. Required parking, industrial and warehousing uses.
Number required. Industrial and warehouse uses: One (1) for each employee on
the largest shift or one (1) space for each one thousand (1,000) square feet of
floor area, whichever is greater, plus one (1) for each vehicle used in connection
with the use.
5. Required parking, other uses.
Page 11 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
(a) Number required.
i. Churches, clubs, lodges, fraternal organizations, social halls,
assembly halls: One (1) for each five (5) fixed/bench seats in all
areas used simultaneously for assembly purposes or one (1) for
each thirty-five (35) square feet of floor space used for such
assembly purposes whichever is greater.
ii. Governmental buildings designed for a public use not otherwise
enumerated in this section, such as public libraries: One (1) for
each six hundred (600) square feet of floor area.
iii. Hospitals and sanitariums: One and one-half (1-1/2) spaces for
each patient bed.
iv. Public utility facilities, including electrical substations, telephone
exchanges, maintenance and storage facilities: One (1) for each
six hundred (600) square feet of office space or work area within a
structure or one (1) space for each employee on the largest shift,
whichever is greater. Also one (1) for each vehicle used in
connection with the use. No requirements for facilities which are
normally unattended by employees, except for occasional
maintenance.
v. Public or private elementary and junior high schools: Ten (10)
spaces, plus one (1) space for each full time equivalent employee.
vi. Public or private high schools: One (1) for each ten (10) students,
plus one (1) for each full time equivalent employee.
6. Required parking, uses not mentioned. The required off-street parking for any
building, structure or use of land of a type which is not listed in this section shall
be determined by the Board of Adjustment. The Board of Adjustment shall be
guided as much as possible by comparison, with similar uses, which are listed.
(E) Location and Control of Parking Facilities, Other Than Dwellings. The off street
parking facilities required by this ordinance in connection with uses other than dwellings
shall be located on the same lot or parcel of land as the use they are intended to serve,
except that a substitute location may be provided which meets the following conditions:
1. All or part of substitute location is within four hundred (400) feet from the principal
use for which the parking is being provided. Said distance shall be measured as
a walking distance along a public street or sidewalk. Substitute parking must be
directly accessible from the parking area to the principal use. In any case that an
arterial roadway must be crossed to access substitute parking, there must be an
approved crosswalk and any required control devices as required by the City
Engineer shall be provided.
Page 12 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
2. The substitute lot is possessed by the same owner as the use it is intended to
serve, or is possessed by a legal entity established for the purpose of providing
off-street parking facilities for its members. Such possession may be by deed or
long-term lease, the terms of which meet the approval of the City Council. The
present and future owners of the substitute lot shall be bound by covenants filed
in the office of the County Recorder, or by a certificate from the legal entity
entitling the owner and his customers to parking privileges. The owner of such
use shall be required to maintain the number of parking spaces for the duration of
the use served.
(F) Computation of Required Parking Space. For the purpose of computing off street
parking spaces, which are required by this ordinance, the following rules shall apply:
1. Floor area shall mean gross floor area, unless otherwise specified for a particular
use. (See definition.)
2. In stadiums, sports arenas, churches and other places of assembly in which
benches or pews are used in place of seats, each eighteen (18) inches of length
of such benches or pews shall be counted as one (1) seat.
3. When determination of the number of off-street parking spaces results in a
requirement of a fractional space, any fraction of less than one half (1/2) may be
disregarded, while a fraction of one-half (1/2) or more shall be counted as one (1)
required parking space.
4. In the event a use normally existing in a more restrictive zone is placed in a less
restrictive zone the requirements from the most restrictive zone shall apply when
calculating the parking needs. EG. A commercial use placed in an I&M zone
would require the same requirements as would normally be required in the
commercial zone.
5. When calculating parking for a building containing three (3) or more attached
dwelling units the garage shall be used as one-half (1/2) of a parking space per
garage stall.
6. Calculations of parking spaces for building permits are based on the zone and
input from the property owner at the time the building permit is issued. Issuance
of a building permit does not guarantee the issuance of a business license.
Business licenses are issued based on the use of the business at the time of
application and all parking requirements must be met prior to the issuance of a
business license. All parking requirements are the responsibility of the property
owner.
(G) Combined Parking Facilities. The required off-street parking and loading facilities may
be provided collectively for two (2) or more buildings or uses, provided that the total
number of parking spaces shall be not less than the sum of the requirements for each of
Page 13 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
the individual uses, and provided that all other requirements of this ordinance are met.
Parking may only be combined in the case of single ownership of the shared buildings or
with a common area agreement allowing shared parking and loading facilities and in
such case, properties must be adjacent to one another. The common area agreement
must be on file with the City.
(H) Mixed Uses. Calculation of parking requirements for a new building shall be done at the
minimum requirement of the zone which the use is located in. In the event that two (2) or
more uses occupy the same building, lot or parcel of land, the total requirements for off-
street parking and off-street loading space shall be in the sum of the requirements of the
various uses computed separately.
When calculating mixed uses for an existing building and those mixed uses operate and
create different demands of parking based on the operating hours and/or peak hours of
operation the parking requirements may be reduced below the combined total of the two
uses. Reduction in parking requirements shall only be allowed after a presentation of the
hours and/or peak hours of the given uses to the reviewing staff for business licensing.
(I) Size of Parking Spaces. Each off-street parking space shall have dimensions not less
than ten (10) feet in width and twenty (20) feet, in length. No part of the area of a
required parking space shall be used for driveways, aisles or other required
improvements.
(J) Access to Parking Facilities. Access driveways shall be provided for ingress to and
egress from all parking and loading facilities. Each parking and loading space shall be
easily accessible to the intended user. The width of driveway entrances and exits from a
public street shall be as set forth in City ordinances controlling and regulating access to
public streets.
(K) Other Access Requirements. The following additional requirements shall govern access
to off-street parking facilities:
1. Forward travel to and from parking facilities from a dedicated street or alley is
required for all uses except residential. The parking area shall be adequate to
facilitate the turning of vehicles to permit forward travel upon entering a street.
2. All uses, which adjoin a major or secondary highway, shall, wherever possible,
have access by way of a service road or alley.
3. The access to all off-street parking facilities shall be designed in a manner, which
will not interfere with the movement of traffic.
4. Access driveways across sidewalks or pedestrian ways shall be designed in such
a manner as to promote pedestrian safety.
(L) Circulation Within a Parking Area. The circulation within a parking area shall comply with
the following requirements:
Page 14 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
1. Minimum aisle widths shall be provided in accordance with the angle of the
parking spaces they serve:
30° Parking - 12 feet
45° Parking - 12 feet
60° Parking - 18 feet
90° Parking - 24 feet
Other aisle widths shall be determined by interpolation from the above minimum
requirements.
2. Circulation within a parking area with more than one (1) aisle must be such that a
car need not enter the street to reach another aisle within the same parking area.
(M) Location of Parking Facilities Restricted. The location of parking and loading
facilities shall comply with the following:
1. In Residential Zones, the parking required by section 10-5-23-(D)-1-(b), shall not
be permitted in the required front yard or the required side yard that faces on a
street. Parking may be permitted in other required side and rear yards in the
residential zones, providing all other requirements of this ordinance are met.
2. In the Business Commercial and Industrial Zones, the required yard areas may
be used for parking (except when specifically prohibited in the zone), provided
that a protective curb shall be installed not less than two (2) feet from the edge of
the sidewalk or in the case where there is no sidewalk then two (2) feet from the
edge of the street line to prevent the use of the sidewalk for automobile parking,
3. bumper overhang and travel purposes.
4. No part of any parking area for more than five (5) vehicles shall be closer than ten
(10) feet to any residence, school, hospital or other institution for human care
located on an adjoining lot, unless screened by a masonry wall or hedge not less
than four (4) feet in height.
(N) Development and Maintenance of Parking Areas. Every parcel of land hereafter used as
a public or private parking area, including a commercial parking lot and a vehicle sales
area, shall be developed and maintained in good condition and in accordance with the
provisions of this ordinance and the requirements of the zone in which the parking space
is located. All commercial parking areas, parking area drive aisles and commercial drive
aisle/sales areas shall be constructed of hard surface material such as but not limited to
asphalt and concrete. All areas required to be hard surface that are adjacent to the front
of a building, the frontage of a city street or the area adjacent to a required landscape
area shall be either asphalt or concrete, or on a case by case basis, similar material that
may be approved by the City Engineer. Areas in the rear of a commercial or industrial
Page 15 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
building contained in a fenced area are not required to be hard surface but must be
maintained weed free and with gravel in any area that is used for parking and/or storage.
(O) Lighting of Parking Areas. Any lighting used to illuminate off-street parking facilities or
vehicle sales area shall be so arranged as to reflect the light away from the adjoining
premises in any residential zone.
(P) Limitation on Use of Required Parking Areas. Required parking areas shall be used
exclusively for vehicle parking in conjunction with a permitted use and shall not be
reduced or encroached upon in any manner. Parking areas above minimum standards
may be used for special events or merchandise stands providing any required permits
have been obtained from the City. The parking facilities shall be so designed and
maintained as not to constitute a nuisance at any time, and shall be used in such a
manner that no hazard to persons or property, or unreasonable impediment to traffic will
result.
(Q) Continuing Obligation. The required off-street parking and loading facilities shall be a
continuing obligation of the property owner so long as the use requiring vehicle parking
or vehicle loading facilities continues. It shall be unlawful for an owner of any building or
use to discontinue or dispense with the required vehicle parking or loading facilities
without providing other vehicle parking or loading area which meets the requirements of
this ordinance.
(R) Plot Plan Approval Required. At the time a building permit is requested for any building
or structure, or at the time a new use of land which would require off-street parking is
established, a plot plan shall be submitted showing the proposed development of the
property, including the layout and development of the parking and loading facilities;
except that said plans shall not be required when parking space is to be provided by a
legal entity established for the purpose of providing off street parking facilities. All
parking and loading spaces shall be designated, as well as the access aisles and other
improvement. The Zoning Administrator may disapprove such plans if he finds they are
inconsistent with the requirements of this ordinance.
(S) Required Off-street Loading Space. One (1) off-street loading space shall be provided
and maintained for every building or separate occupancy having a gross floor area of ten
thousand (10,000) square feet or more which requires the receipt or distribution of
goods, material merchandise or supplies by vehicle, except that the Board of Adjustment
may permit off-street loading facilities for two (2) or more buildings to be combined. One
(1) additional loading space shall be provided for each additional twenty thousand
(20,000) square feet of gross floor area of such building or for each vehicle which must
be loaded or unloaded at the same time, whichever requirement is greater.
Each required off-street loading space shall not be less than ten (10) feet in width,
twenty-five (25) feet in length and fourteen (14) feet in height. Such required off-street
loading space shall be provided on the same lot as the building or principal use, except
that the Board of Adjustment may authorize the use of substitute loading facilities subject
to the following conditions.
Page 16 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
1. The substitute off-street loading facilities are conveniently located on nearby
property.
2. Use of public streets or alleys will not be required in loading and unloading
activities, and all such activities can be conducted off public rights-of-way.
10-5-24: LANDSCAPING: The purpose of the landscaping requirements in this ordinance shall
be to bring relief from heat, noise and glare through proper placement of green plants and trees and
to enhance, conserve and stabilize property values by encouraging pleasant and attractive
surroundings.
(A) Landscaping Defined. Landscaping shall mean some combination of planted trees, shrubs,
vines, ground cover, flowers or lawns. In addition, the combination or design may include
rock and such structural features as fountains, pools, art works, screens, walls, fences or
benches, but such objects alone shall not meet the requirements of this ordinance. The
selected combination of objects for landscaping purposes shall be arranged in a harmonious
manner.
(B) Landscaping and Screening Required. In zones requiring landscaping there shall be a
landscaped strip of lawn, shrubbery and/or trees provided and maintained along the entire
length of any street within the zone. A landscaping width of thirty (30) feet for all
developments abutting any arterial street shall be required. Developments abutting a
collector street shall provide a fifteen (15) foot buffer along the collector. Developments
having frontage on both an arterial and a collector or local street shall provide the above
landscaping requirements on both streets. The landscaping plan shall show the location
and species of all plants, along with plans for sprinkler irrigation and other landscape
features. Additional landscaping may be required as determined by the Planning and
Zoning Commission or the Governing Board.
(C) Maintenance. Required landscape areas shall be maintained in a neat, clean orderly and
healthful condition. This is meant to include proper pruning, mowing of lawns, weeding,
removal of litter, fertilizing, replacement of plants, when necessary, and the regular watering
of all plantings. Required landscaped areas shall be provided with a suitable permanent
method for watering or sprinkling of plants. This watering system shall consist of sprinklers
or hose bibs to insure a sufficient amount of water for plants within the landscaped area.
(D) Screening Requirements. Screening shall be provided between residential and non-
residential zones. Screening shall consist of evergreen shrubs closely spaced, walls, fences
or berms to be maintained at a minimum height of six (6) feet unless otherwise specified. In
some cases the requirement of the “park landscape strip” buffer may be required.
(E) Plot Plan Required. Where landscaping is required in this ordinance, a plot plan showing
the proposed landscaping development, water system and use of the property shall be
submitted to the Zoning Administrator. The same plot plan used to show parking layout or
other requirements for the issuance of a building permit may be used, providing all proposed
Page 17 of 17 SUPPLEMENTARY REGULATIONS REVISED 7-2-09
landscaping is adequately detailed on said plot plan. The Zoning Administrator may
disapprove such plans if he determines that they are not consistent with the purposes of this
ordinance.
(F) Nonconforming Status. Any use of property which, on the effective date of this ordinance or
any subsequent amendment thereto if non-conforming only as to the regulations, relating to
landscaping may be continued in the same manner as if the landscaping was conforming.
However, such may not be increased in intensity except in accordance with the requirements
of the ordinance shall not be reduced unless suitable substitutions are made which would
meet the requirements of this ordinance.
(G) Time to Complete. In zones requiring landscaping, no certificate of occupancy shall be
granted until landscaping has been installed in accordance with the approved landscape
plan for such property. Where the Board of Adjustment determines it is warranted, an
exception to this requirement may be granted, subject to such terms and conditions as
imposed by the Board to assure completion of installation of all required landscaping by a
later, specified date.
10-5-25: Penalty: Any person, firm or corporation, whether as principal, agent, employee
or otherwise who fails to comply with the conditions and or requirements this chapter shall be guilty
of an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of
this code. Each day such violation continues, shall be a separate violation, which shall be deemed
as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a
per violation per day basis.
7-1 5/7/03
CHAPTER 7
SPECIAL PROVISIONS APPLYING TO
MISCELLANEOUS USES
SECTION:
10-7-1: Public and Semi-Public Parks, Playgrounds, and Schools
10-7-2: Gasoline Pumps
10-7-3: Flammable Liquid Storage
10-7-4: Accessory Buildings
10-7-5: Cemeteries, Crematories, Mausoleums, and Columbaria
10-7-6: Clubs, Lodges, Churches, and Similar Buildings
10-7-7: Mortuaries and Funeral Homes
10-7-8 : Public Utility and Facilities
10-7-9: Circuses and Carnivals
10-7-10: Fences
10-7-11: Hospitals
10-7-12: Corner Lot Setbacks
10-7-1: PUBLIC AND SEMI-PUBLIC PARKS, AND PLAYGROUNDS, AND SCHOOLS
:
(A) The intent of this provision:
1. To foster the appropriate location and layout of public parks and playgrounds.
2. To harmonize the various features and facilities of parks and playgrounds with the
surrounding area, so as to produce sound, stable residential neighborhoods.
3. To foster a co-ordination of public recreational facilities on the part of the City, the
school districts
and other public and semi-public agencies.
(B) Approvals Necessary–Plans. Before a permit for the construction of a public or semi-public
park, or playground, or school shall be approved be issued by the Zoning Administrator, the
overall plan of said park, or playground or school shall be prepared and submitted to the
Planning Director Commission, The Planning Director Commission shall provide a copy of
the proposed park or playground to the Parks Director or their designee. The Parks Director
shall review the proposed plan and make recommendations regarding the sprinkler system
and landscaping, including trees and any playground equipment that may be proposed. All
proposed parks that shall become maintained by the Parks Department shall meet all the
criteria and requirements for installations of sprinklers and landscaping of the Parks Director
and policies of the City of Ammon.
thereafter make a recommendation to the Board of
Adjustment which shall act thereupon. The Planning Commission may also act on its own
initiative in preparing and recommending plans for parks and playgrounds.
7-2 5/7/03
All submissions for approval of a park layout permit
shall be accompanied by plans showing the
general layout and location of roadways, entrances and exits, walks, paths and buildings and
structures; the general layout and location of landscaped areas, play area, play apparatus area,
hard-surfaced areas, off-street parking, drainage, water supply, sewerage and other features of
design.
(C) Standards and Requirements.
1. Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient
quantities to insure a park-like appearance.
2. Facilities involving lights shall be so located, and the lights shall be designed and
located so that glare and discomfort will not be unreasonably detrimental to
surrounding residences.
3. Off-street parking areas and other facilities which attract or are intended to
accommodate spectators shall be screened or located so that the detrimental effects
of noise and traffic on any surrounding residential area will be kept to a minimum.
4. The entire layout and design of the park and playground shall be so arranged as to
harmonize with the objectives and characteristics of the zone in which the park and
playground are located.
5. Adequate ingress and egress shall be provided for both vehicles and pedestrians
which the park, playground or school is intended to serve.
10-7-2: GASOLINE PUMPS: Gasoline pumps shall be set back not less than twenty (20) feet
from any street line to which the pump island is at right angles, and fourteen (14) feet from any street
line to which the pump island is parallel, and not less than twelve (12) feet form any residential zone
boundary line. If the pump island is set on an angle on the property with respect to the street, it shall
be so located that automobiles stopping fro service will not extend over the property line. In no case
shall gasoline pumps be set closer than fourteen (14) feet form any street line.
Canopies, when supported by a column, may be located within the setback but not closer to
a street than fourteen (14) feet. Projection within fourteen (14) feet from a street shall be deemed to
be a marquee.
10-7-3: FLAMMABLE LIQUID STORAGE: No flammable liquid may be stored unless and
until said storage is found to be in compliance with the fire prevention code and approved by the Fire
Department of the City of Ammon. No flammable liquids shall be stored in above-ground tanks
which exceed five hundred (500) gallons capacity, except in the I & M-1 and I & M-2 zones.
This is
regulated by the Fire Code.
10-7-4: ACCESSORY BUILDINGS: The location and use of accessory buildings shall be
governed by the following regulations:
(A) Attachments to main buildings restricted.
7-3 5/7/03
1. An accessory building which encroaches on any part of a required yard or open
space shall not be attached to any main building.
2. An accessory building which conforms to all of the yard and open space
requirements established for a main building may be attached to a main building,
provided such attachment is by means of a foundation wall or roof conforming to
all provisions of the building code.
3. Where an accessory building is attached to a main building, it shall be considered as
part of the main building, and its use and location shall be governed by the
requirements of this ordinance applicable to main buildings.
10-7-5: CEMETERIES, CREMATORIES, MAUSOLEUMS, AND COLUMBARIA: No
cemetery, crematory, mausoleum, or columbarium shall be established or enlarged until a valid
conditional use permit has first been granted by the Board of Adjustment. The Board of Adjustment
may require that the application for said conditional use permit include maps, names and addresses,
etc., for an area within a radius of two thousand (2,000) feet of the exterior boundaries of the
cemetery, and such other information as it deems necessary. Said required information shall
include proof of compliance with State law dealing with development and maintenance of
cemeteries.
The Board may also require an additional filing fee based on an estimate of the cost involved
in processing said application.
10-7-6: CLUBS, LODGES, CHURCHES, AND SIMILAR BUILDINGS: No club, lodge, church,
or similar use shall be established until a valid conditional use permit has first been granted by the
Board of Adjustment. Premises used for the meeting place and related facilities of any club, lodge,
fraternal order or similar organization shall comply with the following regulations:
(A) Where such uses are located in or adjoining a residential zone, all buildings, except
accessory buildings, shall be located not less than twenty (20) feet from any side or rear lot
line adjoining such residential zone.
(B) If such uses are located in a zone which does not permit commercial uses, there shall be no
external evidence of any commercial activity. Any retail sales on the premises shall be for
members or guests only and shall be carried on as an activity which is minor and incidental
to the major function of the organization.
(C) In the opinion of the Board of Adjustment, preferably after consultation with the Planning
Commission, traffic safety, with respect to exits and entrances, shall be fully maintained.
10-7-7: MORTUARIES AND FUNERAL HOMES: A conditional use permit shall be required
for the establishment or enlargement of a mortuary or funeral home. In establishing the
requirements for such uses, the Board of Adjustment shall consider, among other criteria, the
following:
(A) Whenever possible, such uses shall be located on a major street.
(B) Such uses should be located as to not inhibit or deter proper development of nearby
properties.
7-4 5/7/03
(C) The site should be of ample size to allow for the makeup of funeral processions, as well as
to provide the required off-street parking and loading facilities and landscaping.
(D) The design of vehicular access to and from the site should conform to accepted traffic
engineering practices so as to minimize traffic congestion on the adjoining streets.
10-7-8: PUBLIC UTILITY AND FACILITIES: This section applies only to non-governmental
public utilities and facilities. Power substations, sewer lift stations, water pumping plants, and similar
public facilities shall be permitted in any zone in Ammon; provided, however, that a Conditional Use
Permit shall be issued therefore, after a public hearing is held thereon by the City Council after such
notice as the Council shall order. Reasonable development standards may be imposed which are
necessary to carry out the objectives and characteristics of the zone in which the facilities are
located, as follows:
(A) The activity to be carried on must not generate an amount of vehicular traffic that will be
detrimental to values in surrounding area.
(B) Lights which may be used must be directed away from surrounding residential area.
(C) In the opinion of the City Council, the development will be in harmony with the objectives of
the zoning ordinance and with the characteristics of the zone in which the development is
located.
10-7-9: CIRCUSES AND CARNIVALS: A circus or carnival may be permitted on a temporary
basis in any zone, but only after a valid conditional use permit has first been issued by the City
Council.
10-7-10: FENCES: No fence, wall, hedge, or other sight obscuring object or structure which is
more than three (3) feet in height shall be constructed or allowed to exist above said height within
fifteen (15) feet of any front lot line along any street. This section shall not be construed to permit
any structure, shrub, hedge or sight obscuring object to exist in violation of Section 10-5-8 of this
ordinance.
10-7-11: HOSPITALS: Hospitals may be permitted in any zone, but only after a valid
Conditional Use Permit has first been issued by the City Council.
10-7-12: CORNER LOT SETBACKS: Corner lot setbacks shall comply with the requirements
of Section 10-5-8 which relates to the clear view of intersecting streets and ways, and Section 10-5-
19 which relates to the exceptions to front and side yard setback requirements.
In addition, setback requirements for accessory buildings from internal lot lines of corner lots
shall be the same as the setback requirements for the adjacent lots which share the common
interior lot line or as required for similar lots within the same zone.
10-7-13: MODEL HOMES: Model homes may be allowed in any residential zone under the
following conditions:
(A) One (1) to five (5) model homes are permitted in any currently under development
7-5 5/7/03
subdivision containing a minimum of twenty (20) buildable lots at the time of opening of
the model homes. These allowed model homes shall not contain an office that operates
more than twenty-four (24) hours per week or
(B) A model home with an office that operates in excess of twenty-four (24) hours per week
may be allowed after granting of a conditional use permit, which has been approved
following the procedures in the City Code regarding conditional use permits or
(C) More than five (5) model homes may be allowed in a subdivision under development
after a granting of a conditional use permit, which have been approved following the
procedures in the City Code regarding conditional use permits or
(D) A model home may be allowed in any subdivision after a granting of a conditional use
permit, which has been approved following the procedures in the City Code regarding
conditional use permits.
Page 1 of 2 ADOPTED 9-3-08
CHAPTER 8
ENFORCEMENT AND ADMINISTRATION
SECTION:
10-8-1: Office of Zoning Administrator Established
10-8-2: Application and Plans Required
10-8-3: Building Permits Required
10-8-4: Power and Duties of the Enforcing Officers
10-8-5: Permits to Comply with Ordinance
10-8-6: Certificate of Occupancy
10-8-7: Construction and Use to be Stated in Applications, Plans, Permits
and Certificates of Occupancy
10-8-8: Notice to Correct
10-8-9: Failure to Maintain Landscaping, Continuing Obligation
10-8-1: OFFICE OF ZONING ADMINISTRATOR ESTABLISHED: There is hereby
established in Ammon, Idaho, the office of Zoning Administrator, which shall be under the
jurisdiction of the City Council of Ammon, Idaho. The administrators in the office of Zoning
Administration may, with the approval of the council, be combined with another appointive office or
offices of the City. The City Council shall, from time to time, by resolution, establish the duties of
the various appointed administrators in the office of Zoning Administration and designate the
duties and functions to be performed by each such appointee. For the purposes of this ordinance,
when the term Zoning Administrator is used, it shall refer to that person who has been appointed
by the City Council to perform such administration duties and functions to which the particular
section of the ordinance is referring.
10-8-2: APPLICATION AND PLANS REQUIRED: Any person, firm or corporation desiring
to construct a building in Ammon, Idaho or to do any construction or installation of any nature upon
any property within the City, excluding therefrom structures or installations appurtenant to private
residences such as patios, driveways, parking pads, and similar installations, shall apply to the
Building Department which shall forward to the Zoning Administrator the necessary documentation
for zoning approval. All applications for building permits shall be accompanied by a plot plan
showing the size and location of the existing building and buildings to be erected or structures or
improvements to be constructed. The plot plan shall also show the zone in which a lot or parcel of
land is located. All plot plans shall be submitted to the Zoning Administrator electronically prior to
the approval of any request for a building permit.
10-8-3: BUILDING PERMITS REQUIRED: It shall be unlawful to erect, construct, move or
structurally alter any building or structure, or any part thereof, or to do any construction or
installation of any nature upon any property within the City excluding structures and installations
appurtenant to private residences such as patios, driveways, parking pads, and similar
installations, until after a written permit therefore has been issued by the Building Department
acting for and on behalf of the City.
10-8-4: POWERS AND DUTIES OF THE ENFORCING OFFICERS: It shall be the duty of
Page 2 of 2 ADOPTED 9-3-08
the Building Department, or designated official, to inspect or cause to be inspected all buildings in
the course of construction or repair. Inspections shall be written and deficiencies given to the
contractor/builder. Deficiencies shall be corrected prior to the next inspection. The Zoning
Administrator shall enforce all provisions of this ordinance and shall refer violations to the City
Code Enforcement Officer. As needed violations shall be directed to the City Attorney, entering
actions in the court, when necessary; and his failure to do so shall not legalize any violation of
such provisions, nor shall the failure of the City Attorney to enter actions in the courts legalize any
violation of such provisions.
10-8-5: PERMITS TO COMPLY WITH ORDINANCE: From the time of the effective date of
this ordinance, the Zoning Administrator shall not grant a permit for the construction of any building
or structure, or for the moving of the building or structure onto a lot, or for the change in any use of
land, building or structure, if such construction, alteration, moving or change in use would be in
violation of any of the provisions of this ordinance, nor shall any other officer of the City grant any
permit or license for the use of any building or land if such would be in violation of this ordinance.
10-8-6: CERTIFICATE OF OCCUPANCY: It shall be unlawful to use or permit the use of
any building or premises or part thereof hereafter created, erected, altered, changed or converted
wholly or partly in its use or structure until a certificate of occupancy to the effect that the building
or premises or the part thereof so created, erected, altered, changed or converted and the
proposed use thereof conform to the provisions of this ordinance shall have been approved by
the Building Official Zoning Administrator. Penalties for violation of this section shall be punishable
by a fine and per day fee as adopted by resolution of the City Council.
10-8-7: CONSTRUCTION AND USE TO BE STATED IN APPLICATIONS, PLANS,
PERMITS AND CERTIFICATES OF OCCUPANCY: Building permits or certificates of occupancy
issued on the basis of plans and applications approved by the Building Official Zoning
Administrator authorizes only the use, arrangement and construction set forth in such approved
plans and applications and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized shall be deemed a violation of this ordinance and
punishable as provided herein.
10-8-8: NOTICE TO CORRECT: Whenever the Zoning Administrator shall observe any
apparent violation or infraction of this ordinance, he shall direct that send a notice be sent to the
property owner on whose land the apparent violation occurs, setting forth the nature of the alleged
violation, together with a statement of what must be done to correct said alleged violation, and a
statement of time in which said alleged violation must be corrected.
10-8-9: FAILURE TO MAINTAIN LANDSCAPING; CONTINUING OBLIGATION:
Maintenance of required landscaping is a continuing obligation. In case of failure to maintain
landscaping as required by the provisions of this ordinance, or as specifically made applicable
thereto by action of the Planning and Zoning Commission or City Council, in connection with the
issuance of a permit, such failure or neglect shall be deemed to be a violation of this ordinance
and shall be subject to the penalties prescribed for misdemeanors in section 1-4-1 of this code.
9-1 ADOPTED 7-19-12
CHAPTER 9
BOARD OF ADJUSTMENT
SECTION:
10-9-1: Creation of Board of Adjustment
10-9-2: Organization of the Board
10-9-3: Duties of the Board of Adjustment
10-9-4: Decision on Appeals
10-9-5: Who May Make Appeals--Application--Fee--Form
10-9-6: Papers and Records to be Submitted to Board of Adjustment
10-9-7: Notice of Hearing
10-9-8: Powers and Duties of Board of Adjustment
10-9-9: Vote
10-9-10: Recourse From Decision
10-9-11: Authority to Create Separate Board
10-9-1: CREATION OF BOARD OF ADJUSTMENT: There is hereby created a Board
of Adjustment to be composed of the Mayor and members of the City Council to aid in the
administration of this ordinance, with powers and duties as hereinafter set forth.
10-9-2: ORGANIZATION OF THE BOARD: The Board of Adjustment shall adopt
rules in accordance with the provisions of this ordinance.
Meetings of the Board shall be held at times as the Board may determine. All meetings of
the Board shall be open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent or failing to vote,
indicating such facts and shall keep records of its examinations and other official acts, all of
which shall be filed immediately in the office of the Board of Adjustment and shall be a public
record. The City Clerk shall serve as Secretary of the Board, but shall have no vote at the
meetings of the Board.
10-9-3: DUTIES OF THE BOARD OF ADJUSTMENT: The Board shall consider
testimony given at a hearing held before the Planning and Zoning Commission and the
recommendation of the Planning and Zoning Commission and review appeals from any
order, requirement, decision or determination made by the Zoning Administrator and shall
have appellate jurisdiction over all decisions and rulings of the Zoning Administrator. It shall
also have original jurisdiction over the issuance of conditional use permits. It shall also
perform such other duties as are provided by this ordinance as may be assigned to the
Board by the City Council.
10-9-4: DECISION ON APPEALS: The Board of Adjustment shall hear and decide
appeals from any decision or requirement made by the Zoning Administrator, shall hear and
decide applications for conditional use permits and other matters as specified by the terms
9-2 ADOPTED 7-19-12
of this ordinance within forty-five (45) days from the date on which the Zoning Administrator
receives the appeal or request for a determination in writing from the appellant.
Every decision of the Board of Adjustment must be based upon findings of fact and every
finding of fact must be supported in the records of the proceedings of the Board.
10-9-5: CONDITIONAL USE APPLICATIONS AND APPEALS: Any citizen or person
or any officer or department of the City may appeal to the Board of Adjustment by filing a
request in written form clearly addressing the appeal request. All appeal requests must be
submitted in completed form along with any required fees, meeting the current requirements
for the required hearing procedures. Such appeal shall be made within thirty (30) days from
the grant or refusal of a building permit by the Zoning Administrator.
The Board of Adjustment may consider only three (3) types of cases. The Powers of
the Board of Adjustment are as follows:
A. The Board of Adjustment shall consider appeals of the type of case where the
applicant alleges the Zoning Administrator is interpreting the zone map incorrectly.
(See paragraph 10-9-8-(A) of the zoning ordinance.)
B. The Board of Adjustment may upon application consider the type of case known as a
variance, where the person making the application can show that the strict
application of the regulation would result in peculiar and exceptional difficulties or
unnecessary hardship upon the property because of exceptional narrowness,
shallowness or shape of his property at the time of the enactment of the controlling
regulation, or because of exceptional topographic conditions or other conditions
peculiar to the lot. However, the Board of Adjustment cannot grant a request which
would be contrary to the spirit of the zoning ordinance or its objectives and purposes.
(See paragraph 10-9-8-(B) of the zoning ordinance.)
C. The Board of Adjustment upon application may approve special or conditional use
permits and special exceptions, which are specifically set out in the zoning
ordinance. (See paragraph 10-9-8-(C) of the zoning ordinance.) The Board of
Adjustment may approve, deny, in whole or in part, or may attach conditions to the
grant of the request. (See paragraph 10-9-8-(D) and 10-9-8-(E) of the zoning
ordinance).
D. Any person or business that violates the terms and conditions of a conditional use
permit shall be subject to the revocation of the conditional use permit. Revocation of
a conditional use permit shall be done by the City Council at a regular City Council
meeting. The holder of the conditional use permit subject to revocation shall be
notified of the time and place the City Council will review said conditional use permit.
E. Any violation of the terms of a conditional use permit shall be deemed an infraction
and subject to penalties for such violations under section 1-4-2 of the City Code.
Each day such violation continues, shall be a separate violation, which shall be
9-3 ADOPTED 7-19-12
deemed as a separate infraction and a citation may be issued therefore. Violations
shall be assessed on a per violation per day basis.
10-9-6: PAPERS AND RECORDS TO BE SUBMITTED TO BOARD OF
ADJUSTMENT: Upon the filing of the an application or appeal, the Zoning Administrator
shall schedule a hearing date and prepare all papers, records and other pertinent data
pertaining to the application or the appeal and submit such papers, records and other
pertinent data to the Board of Adjustment and, in the case of an appeal, to the appellant..
10-9-7: NOTICE OF HEARING: The Planning and Zoning Commission shall hold a
public hearing and make a recommendation to the Board of Adjustment in regards to
granting or denying a conditional use permit as provided in Section 67-6509 of the Idaho
Code.
The Board of Adjustment may order a public hearing before deciding any other matter within
its jurisdiction under the provisions of this ordinance. If a public hearing is required
hereunder, or ordered by said Board, a notice of the time and place of such hearing shall be
published in the official newspaper of the City at least fifteen (15) days before the date of the
hearing as provided in Section 67-6509 of the Idaho Code.
10-9-8: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT: The Board of
Adjustment shall have the following powers and duties:
A. Alleged Error. The Board of Adjustment shall hear and decide appeals wherein it is
alleged that there is error in any order, requirement, decision, or determination made by
the Zoning Administrator, or other administrative officers, in the enforcement of this
ordinance and shall decide questions involving interpretation and determination of zone
boundary lines, subject to review and approval by the City Council.
B. Variance. The Board of Adjustment may grant variances from the strict letter of this
ordinance where a property owner can show that:
1. Because of exceptional narrowness, shallowness or shape of a specific lot or
parcel of land, or
2. By reason of peculiar topographical features or other special circumstances
peculiar to the particular lot or parcel of land, the strict application of the terms of
this ordinance would deprive him of privileges commonly enjoyed by other
properties in the same zone.
Before a variance can be granted, the Board of Adjustment must find upon the evidence
before it that:
1. Special circumstances do actually attach to the particular property which do
not apply generally to the other properties in the same zone.
2. Because of some such special circumstances the appellant's property is
deprived of privileges possessed by other properties in the same zone,
9-4 ADOPTED 7-19-12
3. The granting of such variance will not adversely affect the comprehensive
plan of zoning in the City and
4. Adherence to the strict letter of the ordinance will cause difficulties and
hardships, the imposition of which is unnecessary in order to carry out the
purposes of the zoning plan.
5. The hardship has not been caused by an action of the property owner taken
after the effective date of this ordinance.
C. Conditional Use Permits. The Board of Adjustment may grant the following
conditional use permits:
1. The Board of Adjustment may authorize a dwelling to face upon a private
driveway, subject to the following conditions:
(a) The structure in which such dwelling is situated will be at least twenty
feet (20') from the nearest other building on the same or adjoining lot.
(b) It is readily accessible by emergency vehicles.
(c) It has side, front, and rear yards at least as great as those required in
the RP-A zone.
(d) In the opinion of the Board of Adjustment, the dwelling is located in
harmony with the objectives and characteristics of the zone in which
the dwelling is located.
2. Flood Channels. The Board of Adjustment may permit buildings to be
constructed within seventy-five (75) feet from the banks of a natural flood
channel, subject to conditions set forth in paragraph 10-5-11 of this
ordinance.
3. Permit temporary use of certain lands and structures.
(a) The Board of Adjustments may permit the temporary use of certain
lands and buildings as set forth in paragraph 10-5-22 of this
ordinance.
(b) The Board of Adjustment may allow and authorize the issuance of a
building permit and/or conditional certificate of occupancy for the use
of land and/or the erection and use of buildings for a use which the
Board determines is in harmony with the objectives and
characteristics of the zone in which such use is to be located.
9-5 ADOPTED 7-19-12
Such conditional use permit shall be for a limited time and may be
renewed in the discretion of the Board but shall not survive the
change of ownership of the property or of the use.
As a condition to granting any special use permit, the Board may
require the written consent of all property owners who own property
contiguous and adjacent to the subject property and may require a
notification of all land owners within five hundred (500) feet of the
subject property. Notification of the application of the special use
permit to all property owners within five hundred (500) feet of the
subject property with the notice of the hearing date and time thereon,
shall be made by the petitioner by first class mail with an affidavit of
mailing naming the addressees and the date of mailing. Any such
permit shall be granted only after public notice and hearing as
provided in Section 67-6509 of the Idaho Code.
4. Reduce off-street Parking Requirements in CC-1 Zone. The Board of
Adjustment may reduce off-street parking requirements in the CC-1 Central
Commercial Zone, subject to conditions set forth in paragraph 10-5-23-(D)-
(2) of this ordinance.
5. Permit Off-street Parking to be Provided on Adjacent Lots. The Board of
Adjustment may permit off-street parking facilities required in connection with
dwellings to be located on adjacent or nearby lots, subject to conditions set
forth in paragraph 10-5-23-(D)-(l)-b of this ordinance.
6. Determine Off-street Parking Requirements for Uses Not Mentioned in
Ordinance. The Board of Adjustment may determine the number of off-street
parking spaces required for uses not specifically mentioned in this ordinance,
subject to the conditions set forth in paragraph 10-5-23-(D)-(5) of this
ordinance.
7. Authorize Off-street Loading Facilities in the CC-1 Zone to be provided on
Adjacent or Nearby Lots. The Board of Adjustment may permit required off-
street loading facilities in the CC-1 Zone to be located on adjacent or nearby
lots, subject to conditions set forth in paragraph 10-5-23-(S) of this
ordinance.
8.
Authorize the Moving of Buildings. The Board of Adjustment may authorize
the Zoning Administrator to issue a permit for the moving of buildings,
subject to conditions as set forth in paragraph 10-6-1 of this ordinance.
9. Authorize a Permit for Mortuaries and Funeral Homes. The Board of
Adjustment may authorize the Zoning Administrator to issue a permit for a
mortuary or funeral home, subject to conditions set forth in paragraph 10-7-9
of this ordinance.
9-6 ADOPTED 7-19-12
10. Authorize a Permit for Cemeteries, Crematories, Mausoleums, and
Columbaria. The Board of Adjustment may authorize the Zoning
Administrator to issue a permit for a cemetery, crematory, mausoleum or
columbarium, subject to conditions set forth in paragraph 10-7-6 of this
ordinance.
11. Grant Permit for Shooting Range. The Board of Adjustment may grant a
permit for the construction of a shooting range in the I&M Zone, or an indoor
shooting range in the C-1 zone, provided satisfactory evidence is presented
to the Board that the safety of the surrounding area will be fully safeguarded.
12. Authorize a Permit for Dwelling Groups. It shall have the power to authorize
the issuance of a permit for a dwelling group (planned), subject to conditions
and standards as set forth in paragraph 10-27-4 of this ordinance.
13. Authorize a Permit for Parks. It shall have the power to authorize the
issuance of permits for public and semi-public parks, playgrounds and
schools, subject to conditions and standards as set forth in paragraph 10-7-2
this ordinance
.
14. Authorize a Permit for Churches, Clubs, and Lodges. The City Planning
Commission shall have the power to authorize the issuance of a permit for
churches, clubs, lodges and similar buildings, subject to conditions as set
forth in paragraph 10-7-67
of this ordinance.
15. Grant Other Conditional Use Permits Authorized by Ordinance. The Board of
Adjustment may grant other conditional use permits as deemed acceptable
in the sole discretion of the board and after considering all relevant facts and
with the intent of creating uniformity in granting of conditional use permits.
In approving or denying a request for a conditional use permit on which the
Board is requested to pass, evidence must be presented to the Board that
the objectives and characteristics of the ordinance and the zone in which the
development is located shall not be adversely affected.
D. May Attach Reasonable Conditions. The Board of Adjustment may attach
reasonable conditions or requirements to the grant of a variance, exception, or
conditional or special use permit which the petitioner must comply with as a condition
of the grant or approval and may attach a time limit on the exercise non-exercise of
any grant. If the petitioner fails or refuses to comply with any of the conditions within
the time specified, the grant or permit shall become null and void. T hose conditions
may include but are not limited to, those that:
1. Minimize adverse impact on other development;
2. Control the sequence and timing of use/development;
9-7 ADOPTED 7-19-12
3. Control the duration of the use/development;
4. Assure that the use/development is maintained properly;
5. Designate the exact location and nature of use/development;
6. Require the provision for on-site or off-site public facilities or services;
7. Require more restrictive standards than those generally required in an
ordinance;
8. Require mitigation of effects of the proposed development upon service
delivery by any political subdivision, including school districts, providing
services within the planning jurisdiction;
9. Prior to granting a special use permit, studies may be required of the social,
economic, fiscal, and environmental effects of the proposed special use.
E. May Reverse or Affirm Zoning Administrator. In performing the duties as set forth
herein, the Board of Adjustment is hereby empowered to reverse or affirm, wholly or
party, or modify the order, requirement, decision or determination of the enforcing
officer, and may make such order or requirement as ought to be made; provided,
however, the Board of Adjustment shall not have power to amend this ordinance nor
to permit nor prohibit any actions which would have the effect of amending this
ordinance.
F. Authority Limited. The powers and duties of the Board of Adjustment are limited to
administrative matters as herein set forth which shall be strictly construed. It shall
not be the function of the Board of Adjustment to grant a request which would have
the effect of amending the zoning ordinance or of correcting what it may consider to
be an unwise requirement in the zoning ordinance. Nevertheless, the Board of
Adjustment shall have administrative duties as set forth in this ordinance and, within
the meaning of the provisions of this ordinance, shall perform its duties and shall
have the power to perform those acts as herein set forth; and such administrative
actions shall not be interpreted as unauthorized amendments to this ordinance.
G. Precedent. A special use permit shall not be considered as establishing a binding
precedent to grant other special use permits.
H. Non-transferable. A special use permit is site and use specific and not transferable
from one parcel of land to another.
10-9-9: VOTE: The concurring vote of one-half plus one of the members present of a
quorum from the total membership of the Board shall be necessary to decide upon any
matter upon which it is required to pass.
9-8 ADOPTED 7-19-12
10-9-10: RECOURSE FROM DECISION OF BOARD OF ADJUSTMENT:
A. Recourse from Decision of the Board of Adjustment. The determination of the Board
of Adjustment shall be final unless a written appeal is made to the City Council within
fifteen (15) days from the date of the written determination. The written notice of
appeal shall be filed with the City Clerk and shall set forth specifically wherein the
Board of Adjustment erred in its determination. Upon the receipt of an appeal, the
City Council shall refer one copy of the appeal to the Board of Adjustments; and
thereupon, the Board of Adjustment shall make a report to the City Council
disclosing in what respect the application and facts offered in support thereof met or
failed to meet the necessary requirements. The concurring vote of a majority of the
members of the City Council shall be required to reverse any order, requirement,
decision or determination of the Board of Adjustment.
B. Recourse From Decision of City Council. Any person aggrieved by a decision of the
City Council may have and maintain a plenary action for relief therefrom in any court
of competent jurisdiction.
10-9-11: AUTHORITY TO CREATE SEPARATE BOARD: The City Council may, in
lieu of acting as Board of Adjustment for the City, appoint a separate Board to aid in the
administration of this ordinance, with powers and duties as hereinabove set forth. Said
Board shall consist of five (5) members, each to be appointed by the Mayor, with the consent
of the City Council, for a term of four (4) years, provided that the terms of the members of
the first Board so appointed shall be such that the term of not more than two (2) members
shall expire in any one year. One member of the Board shall also be a member of the
planning commission. Any member may be removed for cause by the City Council upon
written charges and after a public hearing, if such public hearing is requested. Vacancies
shall be filled for the unexpired term of any member whose term is not completed.
11-1 04/01/04
CHAPTER 11
ESTABLISHMENT OF ZONES
SECTION:
10-11-1: City Divided Into Zones
10-11-2: Map--A Part of Ordinance
10-11-3: Application of Zone Regulations
10-11-4: Siting of Manufactured Homes
10-11-1: CITY DIVIDED INTO ZONES: In order to accomplish more fully the objectives and
purposes of this ordinance, the City of Ammon, Idaho, is hereby divided into zones which shall be
known by symbols and names as follows:
RP RESIDENCE PARK ZONE
RP-A RESIDENCE ZONE
R-1 RESIDENCE ZONE
R1-A RESIDENCE ZONE
R-2 RESIDENCE ZONE
R2-A RESIDENCE ZONE
R-3 RESIDENCE ZONE
R3-A RESIDENCE ZONE
RMH RESIDENTIAL MOBILE HOME ZONE
RSC-1 RESIDENTIAL SHOPPING CENTER ZONE
C-1 LIMITED BUSINESS ZONE
HC-1 LIMITED BUSINESS ZONE
CC-1 CENTRAL COMMERCIAL ZONE
GC-1 GENERAL COMMERCIAL ZONE
M-1 MANUFACTURING ZONE
I&M-1 INDUSTRIAL AND MANUFACTURING ZONE
I&M-2 INDUSTRIAL AND MANUFACTURING ZONE
O-L OVERLAY ZONE
PB PROFESSIONAL BUSINESS ZONE
RE RESIDENCE ESTATE
(A) Residential Zones. The following comprise the City's residential zones: RP, RP-A, R-1,
R1-A, R-2, R2-A, R-3, R3-A, RMH, AND RE.
(B) Commercial Zones. The following comprise the City's commercial zones: RSC-1, C-1,
HC-1, CC-1 GC-1, AND PB.
(C) Manufacturing Zones. The following comprises the City's manufacturing zones: M-1.
(D) Industrial Zones. The following comprise the City's industrial zones: I&M-1, I&M-2.
11-2 04/01/04
10-11-2: MAP--A PART OF ORDINANCE: The location and boundaries of each of the zones
are shown on the Official Zone Map of Ammon, Idaho, and said map, with all notations, references
and other information shown thereon, is hereby declared to be an official record and part of this
ordinance.
The Official Zone Map shall be identified by the signature of the Mayor, attested
by the City Clerk, and shall bear the seal of the City under the following words:
"I hereby certify that this is the Official Zone Map of
Ammon, Idaho, which was adopted by the City Council
of the said City on this______day of___________, 20____."
The Official Zone Map shall be located in the office of the Zoning Administrator and shall
accurately designate the current boundary lines of the several zones within Ammon, Idaho.
Whenever amendments are made in zone boundaries or other matter portrayed on the Official
Zone Map, said Official Zone Map shall be promptly changed by the Zoning Administrator.
No amendment to the Official Zone Map shall become effective; however, until the map has been
duly changed in accordance with the amending ordinance and the amending ordinance has been
signed by the Mayor and attested to by the City Clerk.
In the event of a conflict between the ordinance and Zone Map, the ordinance shall govern.
(A) Determination of Zone Boundaries.
Where uncertainty exists with respect to the boundaries of various zones, the following rules shall
apply:
1. Where the intended boundaries on the Zone Map are approximately street or alley
lines, said street or alleys shall be construed to be the zone boundaries.
2. Where the indicated boundaries are approximately lot lines, said lot lines shall
be construed to be the zone boundaries, unless otherwise indicated.
3. Where land has not been subdivided into lots, the zone boundary shall be
determined by the use of a scale of measurement shown on the map.
4. Where other uncertainty exists, the Board of Adjustment shall interpret the map,
subject to review by the City Council.
10-11-3: APPLICATION OF ZONE REGULATIONS: The regulations set by this ordinance
within each district shall be minimum regulations and shall apply uniformly to each class or kind of
structure or land, and particularly except as hereinafter provided.
(A) No building, structure, or land shall hereafter be used or occupied, and no building or
structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or
11-3 04/01/04
structurally altered unless in conformity with all of the regulations herein specified for the
district zone in which it is located.
(B) No building or other structure shall hereafter be erected or altered:
1. To exceed the height;
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, side yards, or other open
spaces;
than herein required or in any other manner be contrary to the provisions of this ordinance,
except that encroachment into yards shall be permitted on lots occupied by buildings which
were in existence prior to the effective date of this ordinance, but not to an extent greater
than the existing encroachment.
(C) Every property annexed to the City must also be assigned a zone as a part of the
annexation.
10-11-4: SITING OF MANUFACTURED HOMES: Manufactured homes as defined in this
code and ordinance may, in addition to being located upon manufactured housing zoning (RMH),
be allowed and sited on all land zones for single family residential uses upon meeting the
placement standards as herein set forth and such use as provided herein shall be in addition to
manufactured homes on lots within designated mobile home parks or manufactured home
subdivisions.
The following minimum requirements shall apply for the approval of manufactured homes located
outside of RMH zone areas:
(A) The manufactured home shall be multi-sectional and enclose a space of not less than the
minimum square footage allowed in the zone in which it is being placed.
(B) The manufactured home shall be placed on an excavated and backfilled permanent
perimeter foundation as approved by the State of Idaho regulations and enclosed at the
perimeter such that the home is similar in elevation to conventional site built homes; The
manufactured home shall have a pitched roof with a standard of three (3) feet in height for
each twelve (12) feet in width;
(C) The manufactured home shall have exterior siding and roofing which in color, material, and
appearance is similar to the exterior siding and roofing material commonly used on
residential dwellings within the community or which is comparable to the predominant
materials used on surrounding dwellings as determined by the local permit approval
authority;
(D) The requirement for parking and garages varies by residential zone. Refer to section 10-5-
23-D-1-b for garage and parking requirements.
11-4 04/01/04
(E) In addition to the provisions of paragraphs (1 A) through (5
D) of this subsection, the City
shall subject a manufactured home and the lot upon which it is sited to any lot development
standard, subdivision standards, and minimum size requirements to which a conventional
single family residential dwelling on the same lot would be subjected;
(F) Any manufactured housing placed upon a residential lot, not in a manufactured home
zone, shall be of a manufacturing origin dated subsequent to the date of the most recent
standards and not having had prior occupancy; or if prior thereto, or having had prior
occupancy, shall have a Certificate of Compliance of Rehabilitation as provided in Idaho
Code Title 44, Chapter 25.
(G) Nothing in this section shall be construed as abrogating a recorded restrictive covenant.
12-1 04/01/04
CHAPTER 12
RP RESIDENCE PARK ZONE
10-12-1: General Objectives and Characteristics of Zone
10-12-2: Use Requirements
10-12-3: Area Requirements
10-12-4: Width Requirements
10-12-5: Location of Buildings and Structures
10-12-6: Height of Buildings
10-12-7: Size of Buildings
10-12-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the RP Residence Park Zone is to encourage the creation and maintenance of
residential areas within the City which are characterized by large lots at least twelve thousand
(12,000) square feet on which single-family dwellings are situated, surrounded by well kept lawns,
trees and other plantings. A minimum of vehicular and pedestrian traffic and quiet residential
conditions favorable to family living and the rearing of children shall also be characteristic of this
zone. No single lot, regardless of the status of platting in the RP Residence Park Zone shall contain
more than one dwelling unit, except as specifically allowed by this Title of the City code. This zone
falls under the low density designation and does not allow density that will exceed 2.5 living units per
acre.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of this zone, the following regulations shall apply in the RP Residence Park zone
(see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-12-2: USE REQUIREMENTS: The following uses shall be permitted in the RP Residence
Park Zone:
(A) One-family detached dwellings and accessory buildings and structures, complying with
all requirements of the zone including but not limited to setbacks and open space.
;
private garage and/or carport for the storage of automobiles owned by persons residing
on the premises; green houses for private use only; private swimming pools; and arbors
(B) Agriculture and gardening.
(C) Fences, walls, and hedges.
Swimming Pools
(D) Customary household pets, including, but not limited to, cats, dogs, and canaries;
subject to the conditions of the City Code concerning animals. but not including the
12-2 04/01/04
breeding of dogs and cats for sale.
(E) Guest Houses (as allowed in section 10-13-2-(F).
(F) Churches, when approved by the Board of Adjustment as a conditional use, but not
including temporary revival tents or buildings, and not including night lighting for outdoor
recreational purposes, except when permitted under the term of paragraph 10-7-7.
(G) Public and parochial schools and public and semi-public use, when approved by the
Board of Adjustment as a conditional use, as set forth in paragraph 10-7-2.
(H) Public utility buildings and structures, when approved as required.
(I) Cemeteries, when approved by the Board of Adjustment as a conditional use.
(J) Child Care Facilities allowing no more than twelve (12) children; which have received
approval as a home occupation (Title 4, Chapter 13) and are compliant and licensed as
either a Family Child Care Facility or a Group Child Care Facility as defined in Title 6,
Chapter 3 of the Ammon City Code.
10-12-3: AREA REQUIREMENTS: An area of not less than twelve thousand (12,000) square
feet shall be provided and maintained for each one-family dwelling and uses accessory thereto.
10-12-4: WIDTH REQUIREMENTS: The minimum width of any building site for a dwelling
shall be one hundred (100) linear feet.
10-12-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from any
public street or from any granted easement of vehicular access, except as herein provided
and required under the provisions of this ordinance. No auxiliary building shall be located
closer to the street (or granted easement of vehicular access) fronted by the main building,
than the distance of the main building to the street (or granted easement of vehicular
access).
Side Yards. Subject to §10-12-5(A), there shall be a side yard on each side of a main
building of not less than twenty (20) feet. Side yard requirements for accessory buildings
shall be the same as for main buildings, except that subject to §10-12-5(A), no side yard
shall be required for accessory buildings which are located more than twelve (12) feet in
the rear of the main building, provided that the auxiliary building's drip line remains within
the property.
Side Yards. Subject to 10-12-5(A), there shall be a side yard on each side of a main
building of not less than twenty (20) feet.
12-3 04/01/04
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-12-5(A). Any accessory building placed in
the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
(B) Rear Yard. Subject to §10-12-5(A), for main buildings, there shall be a rear yard of not less
than twenty-five (25) feet. Subject to §10-12-5(A), for accessory buildings, no rear yard shall
be required, provided that the auxiliary building's drip line remains within the property, except
where an alley is located at the rear of the lot, in which case a three (3) foot rear yard is
required.
10-12-6: HEIGHT OF BUILDINGS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected to a height of
greater than two (2) stories. Roofs above the square of the building, chimneys, flag poles, television
antennas and similar structures not for human occupancy are excluded in determining height.
10-12-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any one-family
dwelling shall be not less than one thousand four hundred (1,400) square feet, excluding garage
space and open porches and carports. For dwellings containing more than one story above grade,
the floor space of the first story above grade may be reduced below this level provided the total floor
area of all stories located above grade is not less than two thousand four hundred (2,400) square
feet. (Only those stories which are more than fifty percent (50%) above grade shall be considered to
be above grade. See §10-2 for the definition of "grade".)
13-1 04/01/04
CHAPTER 13
RP-A RESIDENCE ZONE
SECTION:
10-13-1: General Objectives and Characteristics of Zone
10-13-2: Use Requirements
10-13-3: Area Requirements
10-13-4: Width Requirements
10-13-5: Location of Buildings and Structures
10-13-6: Height of Buildings
10-13-7: Size of Building
10-13-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objectives in
establishing the RP-A Residence Zone is to provide a residential environment within the City which
is characterized by smaller lots and somewhat denser residential environment than is characteristic
of the RP Residence Park Zone. Nevertheless, this zone is characterized by spacious yards and
other residential amenities adequate to maintain desirable single-family residential conditions. The
principal uses permitted in this zone shall be one-family dwellings and certain other public facilities
needed to promote and maintain stable residential neighborhoods. No single lot, regardless of the
status of platting in the RP-A Residence Zone shall contain more than one dwelling unit, except as
specifically allowed by this Title. This zone falls under the low density designation and does not
allow density that will exceed 2.5 living units per acre.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the RP-A Residence zone (see
also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-13-2: USE REQUIREMENTS: The following uses shall be permitted in the RP-A Residence
Zone:
(A) Any use permitted in the RP Residence Park
Zone.
(B)
Public utility buildings and structures, when approved as required.
(C) Churches, when approved by the Board of Adjustment as a conditional use, but not
including temporary revival tents or buildings, and not including night lighting for outdoor
recreational purposes, except when permitted under the term of paragraph 10-7-
7.
MOVED TO RP
(D) Public and parochial schools and public and semi-public use, when approved by the
Board of Adjustment as a conditional use, as set forth in paragraph 10-7-2.
MOVED TO
RP
13-2 04/01/04
(E) Temporary uses of land and buildings, when approved by the Board of
Adjustment.
THIS IS ALLOWED AUTOMATICALLY BY 10-9-8
(F) Guest houses shall be allowed under the following conditions:
1. Lot size shall be a minimum of 20,000 square feet.
2. Guest house shall not exceed 300 square feet (measured at the foundation line).
Kitchen area shall not contain full cooking facilities. Items allowed shall not
exceed the following items:
a. Dishwasher
b. Two burner cook top (no oven)
c. Microwave Oven
d. Refrigerator
e. Single bowl kitchen sink
4. Bath not exceeding toilet, bath sink, shower stall.
5. Utility connections shall be a part of the main house.
6. Architecturally designed to be consistent with the main living structure.
7. Shall not have separate parking area.
8. Building shall meet all requirements of the building code as adopted by the City of
Ammon.
9. A maximum of one guest house is allowed per platted building lot.
10. A water meter shall be installed on the water system of each property with a guest
house. The property shall be assessed the metered residential water and sewer
rates based on the current utility rate resolution of the City Council, which may be
changed from time to time by resolution of the City Council.
10-13-3: AREA REQUIREMENTS: An area of not less than ten thousand (10,000) square feet
shall be provided and maintained for each one-family dwelling and uses accessory thereto. No
minimum area shall be required for other main buildings except as required for conditional uses
permitted in the zone.
10-13-4: WIDTH REQUIREMENTS: The minimum width of any building site for a dwelling
shall be ninety (90) linear feet, measured at the setback line.
10-13-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from
any public street or from any granted easement of vehicular access, except as herein
provided and required under the provisions of this ordinance. No auxiliary building shall
be located closer to the street (or granted easement of vehicular access) fronted by the
main building, than the distance of the main building to the street (or granted easement
of vehicular access).
(B) Side Yards. Subject to §10-13-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no side
13-3 04/01/04
yard shall be less than ten (10) feet. Side yard requirements for accessory buildings shall be
the same as for main buildings, except that subject to §10-13-5(A), no side yard shall be
required for accessory buildings which are located more than twelve (12) feet in the rear of
the main building, provided that the auxiliary building's drip line remains within the property.
Side Yards. Subject to 10-13-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no
side yard shall be less than ten feet (10).
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-13-5(A). Any accessory building placed in
the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
(C) Rear Yard. Subject to §10-13-5(A), for main buildings, there shall be a rear yard of not
less than twenty-five (25) feet. Subject to §10-13-5(A), for accessory buildings, no rear yard
shall be required, provided that the auxiliary building's drip line remains within the property,
except where an alley is located at the rear of the lot, in which case a three (3) foot rear yard
is required.
10-13-6: HEIGHT OF BUILDINGS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected of greater than
two (2) stories. Roofs above the square of the building, chimneys, flag poles, television antennas,
church towers and similar structures not suited for human occupancy are excluded in determining
height.
10-13-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any one-family
dwelling shall not be less than one thousand two hundred (1,200) square feet, excluding garage
space and open porches and carports. For dwellings containing more than one story above grade,
the floor space of the first story above grade may be reduced below this level provided the total floor
area of all stories located above grade is not less than two thousand (2,000) square feet. (Only
those stories which are more than fifty percent (50%) above grade shall be considered to be above
grade. See §10-2 for the definition of "grade".) For churches, schools, and other buildings, there
shall be no minimum floor area requirements.
14-1 5/24/2013
CHAPTER 14
R-1 RESIDENCE ZONE
SECTION:
10-14-1: General Objectives and Characteristics of Zone
10-14-2: Use Requirements
10-14-3: Area Requirements
10-14-4: Width Requirements
10-14-5: Location of Buildings and Structures
10-14-6: Height Requirements
10-14-7: Size of Buildings
10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the R-1 Residence Zone is to provide a residential environment within the City which
is characterized by somewhat smaller lot width and a somewhat denser residential environment
than is characteristic of the RP-A Residence Zone. Also characteristic of this zone are residential
amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses
in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities
which are necessary to promote and maintain stable residential neighborhoods. No single lot,
regardless of the status of platting in the R-1 Residence Zone shall contain more than one living
unit. This zone falls under the medium density designation and does not allow density that will
exceed 4.0 living units per acre.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see
also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-14-2: USE REQUIREMENTS: The following uses shall be permitted in the R-1 Residence
Zone:
(A) Any use permitted in the RP Residence Park Zone and in the RP-A Residence Zone,
excluding guest houses.
(B) Cemeteries, when approved by the Board of Adjustment as a conditional use. Moved to
RP
10-14-3: AREA REQUIREMENTS: Area requirements shall be determined as listed below:
: An area of not less than eight thousand (8,000) square feet shall be provided and maintained for
each dwelling. No more than four (4.0) dwelling units shall be permitted per acre. No minimum
area shall be required for other main buildings, except as may be required for conditional uses
permitted in the zone.
(A) For property annexed or zoned with the R-1 classification, prior to the adoption (DATE) of
section 10-14-3-(B), the following area requirements shall apply;
14-2 5/24/2013
An area of not less than eight thousand (8,000) square feet shall be provided and
maintained for each dwelling. No minimum area shall be required for other main buildings,
except as may be required for conditional uses permitted in the zone.
(B) For areas annexed with the R-1 classification and for land rezoned R-1 after the
adoption date (DATE) of section 10-14-3-(B), the following area requirements shall
apply:
An area of not less than five thousand (5,000) square feet shall be provided and
maintained for each dwelling. No minimum area shall be required for other main buildings,
except as may be required for conditional uses permitted in the zone.
(C) Property zoned R-1 within the City prior to the adoption (DATE ) of section 10-14-3-(B) may
be permitted to apply section 10-14-3-(B) to an amended or new final plat after a
Conditional Use Permit hearing has be held and all persons required to be notified in such
a hearing have been given the opportunity to be heard.
10-14-4: WIDTH REQUIREMENTS: Width requirements shall be determined as listed below:
The minimum width of any building site or residential building lot not previously platted or
subdivided according to the records of the City shall be eighty (80) linear feet.
(A) For property annexed or zoned with the R-1 classification, prior to the adoption (DATE) of
section 10-14-4-(B), the following width requirements shall apply;
The minimum width of any building site or residential building lot not previously platted or
subdivided according to the records of the City shall be eighty (80) linear feet (at the
building setback line).
(B) For areas annexed and zoned with the R-1 classification and for land rezoned R-1 after
the adoption date (DATE) of section 10-14-4-(B), the following width requirements shall
apply:
The minimum width of any building site or residential building lot not previously platted or
subdivided according to the records of the City shall be fifty (50) linear feet (At the building
setback line).
(C) Property zoned R-1 within the City prior to the adoption (DATE) of section 10-14-4-(B), may
be permitted to apply section 10-14-4-(B) to an amended or new final plat after a
Conditional Use Permit hearing has be held and all persons required to be notified in such
a hearing have been given the opportunity to be heard.
10-14-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street or from any granted easement of vehicular
access, except as herein provided and required under the provisions of this ordinance.
No auxiliary building shall be located closer to the street (or granted easement of vehicular
access) fronted by the main building, than the distance of the main building to the street (or
granted easement of vehicular access).
(B) Side Yards. Subject to §10-14-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no side
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yard shall be less than eight feet (8). Side yard requirements for accessory buildings shall
be the same as for main buildings, except that subject to §10-14-5(A), no side yard shall be
required for accessory buildings which are located more than twelve (12) feet in the rear
of the main building, provided that the auxiliary building's drip line remains within the
property.
Side Yards. Subject to 10-14-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no
side yard shall be less than eight feet (8).
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-14-5(A). Any accessory building placed
in the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
(C) Rear Yard. Subject to §10-14-5(A), for main buildings, there shall be a rear yard of not less
than twenty-five (25) feet. Subject to §10-14-5(A), for accessory buildings, no rear yard
shall be required, provided that the auxiliary building's drip line remains within the property,
except where an alley is located at the rear of a lot, in which case a three (3) foot rear yard
is required.
10-14-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected to a height of
greater than two (2) stories. Roofs above the square of the building, chimneys, flag poles,
television antennas, church towers and similar structures not used for human occupancy are
excluded in determining height.
10-14-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any one-family
dwelling shall be not less than one thousand (1,000) square feet, excluding garage space and
open porches and carports. For dwellings containing more than one story above grade, the floor
space of the first story above grade may be reduced below this level provided the total floor area of
all stories located above grade is not less than one thousand five hundred (1,500) square feet.
(Only those stories which are more than fifty percent (50%) above grade shall be considered to be
above grade. See §10-2 for the definition of "grade".) For other buildings, there shall be no
minimum floor area requirements.
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CHAPTER 14A
R1-A
10-14A-3: Area Requirements
10-14A-4: Width Requirements
10-14A-5: Location of Buildings and Structures
10-14A-6: Height Requirements
10-14A-7: Size of Buildings
10-14A-8: Special Provisions Regarding Single Family Attached Dwellings
10-14A-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the R1-A Residence Zone is to provide a residential environment within the City which
is characterized by somewhat smaller lot width than is characteristic of the RP-A Residence Zone
and a somewhat denser residential environment than is characteristic of the R-1 Residence Zone.
Also characteristic of this zone are residential amenities adequate to maintain desirable residential
neighborhoods. The principal permitted uses in the R1-A Residence Zone shall be one family
dwellings and one structure containing two (2) single one family dwellings as ordinarily referred to as
townhouses and certain other public facilities which are necessary to promote and maintain stable
residential neighborhoods. This zone falls under the medium density designation and does not
allow density that will exceed 4.0 living units per acre.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the R1-A Residence Zone (see
also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-14A-2: USE REQUIREMENTS: The following uses shall be permitted in the R1-A Residence
Zone:
(A) Any use permitted in the RP Residence Park Zone and in the RP-A Residence Zone and in
the R-1 Residence Zone.
(B) Single family attached dwellings with no more than two (2) single family units in any one
structure and with no more than one (1) structure on any designated lot.
10-14A-3: AREA REQUIREMENTS: For detached dwellings, the minimum requirements of the
R-1 zone as specified in §10-14-3-(A) shall apply. For buildings containing two (2) dwelling units, an
area of not less than ten thousand (10,000) square feet shall be required. No more than four (4.0)
dwelling units shall be permitted per acre. No minimum area shall be required for other main
buildings, except as may be required for conditional uses permitted in the zone.
10-14A-4: WIDTH REQUIREMENTS: The width requirements set forth in this section shall
apply to the building setback line of the main structure.
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(A) The minimum width of any building site or residential building lot not previously platted or
subdivided according to the records of the City shall be one hundred (100) linear feet.
10-14A-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street, or except for alleys, from any granted easement of
vehicular access, except as herein provided and required under the provisions of this
ordinance.
(B) Side Yard. Subject to §10-14A-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no side
yard shall be less than eight feet (8). Side yard requirements for accessory buildings shall
be the same as for main buildings, except that subject to §10-14A-5(A), no side yard shall be
required for accessory buildings which are located more than twelve (12) feet in the rear of
the main building, provided that the auxiliary building's drip line remains within the property.
Subject to 10-14A-5(A), there shall be a side yard on each side of a main building of not
less than eight (8) inches for each foot of building height, except that no side yard shall
be less than eight feet (8).
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-14A-5(A). Any accessory building placed
in the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
3. There shall be no side yard setback requirement for the property line between
zero lot line single family attached dwellings where the dwelling units are attached
by party wall/common walls with the following requirements:
a. At the point at the rear of any party wall/common wall where an
attached dwelling becomes detached along the zero lot line, the side
yard requirement shall be no less than four (4) feet from the
foundation of the detachment to the property line.
b. For detached portions that are at the front of an attached dwelling,
there shall be no less than four (4) feet from the foundation of the
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detachment to the property line and there shall be no more than four
(4) feet running front to back of the dwelling that shall be detached
from the dwelling sharing the party wall/common wall.
c. There shall be an attached party wall/common wall of no less than
twelve (12) feet between any attached dwellings permitted within this
chapter or any subsequent chapter allowing single family attached
dwellings.
There shall be no side yard setback requirement for the property line between
zero lot line single family attached dwellings where the dwelling units are attached
by party wall/common or walls. The side yard requirements shall be maintained
for the exterior boundaries of any units, which are attached by party walls. There
shall be an attached party wall/common wall of no less than twelve (12) feet
between any attached dwellings permitted within this chapter or any subsequent
chapter allowing single family attached dwellings. All accessory buildings shall
comply with the setback requirements set forth above.
(C) Rear Yard. Subject to §10-14A-5(A), for main buildings, there shall be a rear yard of not
less than twenty-five (25) feet. Subject to §10-14A-5(A), for accessory buildings, no rear
yard shall be required, provided that the auxiliary building's drip line remains within the
property, except where an alley is located at the rear of a lot, in which case a three (3) foot
rear yard is required.
10-14A-6 HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No buildings shall be erected to a height of
greater than two (2) stories. Roofs above the square of the building, chimneys, flag poles, television
antennas, church towers and similar structures not used for human occupancy are excluded in
determining height.
10-14A-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any single-
family dwelling unit shall be not less than one thousand (1,000) square feet, excluding garage space
and open porches and carports. For dwellings containing more than one story above grade, the
floor space of the first story above grade may be reduced below this level provided the total floor
area of all stories located above grade is not less than one thousand five hundred (1,500) square
feet. (Only those stories which are more than fifty percent (50%) above grade shall be considered to
be above grade. See §10-2 for the definition of "grade".) For other buildings, there shall be no
minimum floor area requirements.
10-14A-8: SPECIAL PROVISIONS REGARDING SINGLE FAMILY ATTACHED DWELLINGS:
(A) No single family attached dwelling shall be located above another dwelling unit, either in
whole or in part.
14a-4 5/24/2013
(B) Each single family attached dwelling shall have at least one direct pedestrian access from
the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may
be held in common with another single family dwelling unit.
(C) Except as noted below, a single family attached dwelling shall have no facilities or property
in common with another single family attached dwelling and all dwellings shall be structurally
and functionally independent from each other. All singe family attached dwellings shall have
separate electrical service, water service lines, and sanitary sewer service lines. Common
facilities or property are allowed for the following:
1. Common party walls constructed in accordance with the International Building Code
or International Residential Code as they may apply.
2. Foundations supporting attached or party walls.
3. Flashing at the termination of the roof covering over any attached walls.
4. Roofs.
5. Vehicular access to a dedicated street for off street parking facilities or detached
garages.
(D) No certificate of occupancy shall be issued for a single family attached dwelling unless a
common facility or party wall agreement or Declaration of Condominium, together with a
separate legal description for each living unit has been filed with the Bonneville County
Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit
which shares common facilities with another unit. Such agreement shall include a legal
description of the individual dwelling units sharing common facilities and shall allocate
responsibility as and between the owners of such lots for the use, maintenance, and
ownership of all common facilities.
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CHAPTER 15
R-2 RESIDENCE ZONE
SECTION:
10-15-1: General Objectives and Characteristics of Zone
10-15-2: Use Requirements
10-15-3: Area Requirements
10-15-4: Width Requirements
10-15-5: Location of Buildings and Structures
10-15-6: Height Requirements
10-15-7: Size of Buildings
10-15-8: Lot Coverage
10-15-9: Special Provisions Regarding Single-Family Attached Dwellings
10-15-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the R-2 Residence Zone is to encourage the creation and maintenance of residential
areas within the City which are characterized by smaller dwellings, somewhat more compact and
denser residential development, and somewhat higher volumes of vehicular and pedestrian traffic
than are characteristic of the RP, RP-A, R-1 and R1-A Zones.
The principal permitted uses in the R-2 Residence Zone shall be one family detached dwellings,
buildings containing two (2), three (3), or four (4) zero lot line attached dwelling units, and certain
other public facilities which are necessary to promote and maintain stable residential areas.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the R-2 Residence Zone (see
also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-15-2: USE REQUIREMENTS: The following uses shall be permitted in the R-2 Residence
Zone:
(A) Any use permitted in the RP, RP-A, R-1 and R1-A Zones.
(B) Buildings containing Two (2), Three (3), and Four (4) zero lot line single-family attached
dwelling units.
Child day care centers, as defined in Idaho Code Section 39-1201.
(C) Child Care Facilities allowing no more than twelve (12) children; which have received
approval as a home occupation (Title 4, Chapter 13) and are compliant and licensed as
either a Family Child Care Facility or a Group Child Care Facility as defined in Title 6,
Chapter 3 of the Ammon City Code. Written permission from the property owner must be
15-2 5/24/2013
received when the child care facility is located within a dwelling unit of a building or complex
considered to be an apartment complex or building.
10-15-3: AREA REQUIREMENTS: For detached dwellings, the minimum requirements of the
R-1 zone as specified in §10-14-3-(A) shall apply. For buildings containing no more than two (2)
dwelling units, the minimum requirements of the R1-A Residence zone, Chapter 14A shall apply. as
specified in §10-14A-3 apply. For buildings containing three (3) or four (4) dwelling units, an area of
not less than eighteen thousand (18,000) square feet shall be required. This zone falls under the
medium high density designation, no more than eight (8.0) dwelling units shall be permitted per
acres.
For child day care centers, a lot area of at least eight thousand (8,000) square feet shall be required.
No minimum area shall be required for other main buildings, except as may be required for
conditional use permitted in the zone.
10-15-4: WIDTH REQUIREMENTS: The minimum width of any building site or residential
building lot not previously platted or subdivided according to the records of the City shall be one
hundred (100) linear feet.
10-15-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street or from any granted easement of vehicular access,
except as herein provided and required under the provisions of this ordinance. No auxiliary
building shall be located closer to the street (or granted easement of vehicular access)
fronted by the main building, than the distance of the main building to the street (or granted
easement of vehicular access).
(B) Side Yards. Subject to §10-15-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no side
yard shall be less than eight (8) feet. Side yard requirements for accessory buildings shall
be the same as for main buildings, except that subject to §10-15-5(A), no side yard shall be
required for accessory buildings which are located more than twelve (12) feet in the rear of
the main building, provided that the auxiliary building's drip line remains within the property.
Side Yards. Subject to 10-15-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no
side yard shall be less than eight feet (8).
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-15-5(A). Any accessory building placed in
the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
15-3 5/24/2013
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
3. There shall be no side yard setback requirement for the property line between
zero lot line single family attached dwellings where the dwelling units are attached
by party wall/common walls with the following requirements:
a. At the point at the rear of any party wall/common wall where an
attached dwelling becomes detached along the zero lot line, the side
yard requirement shall be no less than four (4) feet from the
foundation of the detachment to the property line.
b. For detached portions that are at the front of an attached dwelling,
there shall be no less than four (4) feet from the foundation of the
detachment to the property line and there shall be no more than four
(4) feet running front to back of the dwelling that shall be detached
from the dwelling sharing the party wall/common wall.
c. There shall be an attached party wall/common wall of no less than
twelve (12) feet between any attached dwellings permitted within this
chapter or any subsequent chapter allowing single family attached
dwellings.
There shall be no side yard setback requirement for the property line between single-family
attached dwellings where the dwelling units are attached by party wall or walls.
The side yard requirements shall be maintained for the exterior boundaries of any units,
which are attached by party walls. All accessory buildings shall comply with the setback
requirements set forth above.
(C) Rear Yard. Subject to §10-15-5(A), for main buildings, there shall be a rear yard of not less
than twenty-five (25) feet. Subject to §10-15-5(A), for accessory buildings, no rear yard shall
be required, provided that the auxiliary building's drip line remains within the property, except
where an alley is located at the rear of a lot, in which case a three (3) foot rear yard is
required.
10-15-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected to a height of
greater than two (2) stories. Roofs above the square of the building, chimneys, flag poles, television
15-4 5/24/2013
antennas, church towers and other similar structures not used for human occupancy are excluded in
determining height.
10-15-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any detached
one-family dwelling unit shall be not less than one thousand (1,000) square feet, and of any
attached one-family dwelling unit shall be not less than nine hundred (900) square feet, excluding
garage space and open porches and carports. For dwellings containing more than one story above
grade, the floor space of the first story above grade may be reduced below this level provided the
total floor area of all stories located above grade of any detached one-family dwelling unit shall be
not less than one thousand five hundred (1,500) square feet, and of any attached one-family
dwelling unit shall be not less than one thousand three hundred (1,300) square feet. (Only those
stories which are more than fifty percent (50%) above grade shall be considered to be above grade.
See §10-2 for the definition of "grade".) For other buildings, there shall be no minimum floor area
requirements.
10-15-8: LOT COVERAGE:
(A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or
concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking
area. The maximum lot coverage of single-family attached dwelling units shall be
sixty-five percent (65%) for interior lots and fifty percent (50%) for corner lots. The
remaining lot area shall be landscaped in accordance with provisions of this ordinance.
All landscaping outside of that immediately between any main building and any public
street shall be located, designed, and developed for the benefit and enjoyment of the
residents of the dwelling(s), including appropriate play areas for children.
(B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include
such hard-surface outdoor recreation facilities as tennis courts, basketball courts,
shuffleboard courts, and swimming pools, provided that:
1. The hard-surface outdoor recreation facilities make up no more than forty percent
(40%) of the required landscaped area, and
2. Those facilities are available for the use of all residents of the development.
(C) Required Buffers. Wherever a development in the R-2 Zone adjoins land zoned RP, RP-
A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use
in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer shall
be provided. This buffer may be included in the thirty percent (30%) minimum
landscaped area required in (A) above.
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10-15-9: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED DWELLINGS.
(A) All lots upon which a single-family attached dwelling is located shall have vehicular
access to and frontage upon a dedicated street or upon a granted easement of access of
not less than twenty-five (25) feet in width and of a distance from the public dedicated
street of no longer than approved by the planning and zoning commission.
(B) No single-family attached dwelling shall be located above another dwelling unit, either in
whole or in part.
(C) Each single-family attached dwelling shall have at least one direct pedestrian access from
the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may
be held in common with another single-family dwelling unit.
(D) No more than four (4) single-family attached dwellings may be attached together.
(E) Except as noted below, a single-family attached dwelling shall have no facilities or property
in common with another single-family attached dwelling and all dwellings shall be structurally
and functionally independent from each other. All single-family attached dwellings shall
have separate electrical service, water service lines, and sanitary sewer service lines.
Common facilities or property are allowed for the following:
1. Common party walls constructed in accordance with the International Building Code
or International Residential Code as they may apply.
2. Foundations supporting attached or party walls.
3. Flashing at the termination of the roof covering over any attached walls.
4. Roofs.
5. Vehicular access to a dedicated street for off-street parking facilities or detached
garages.
(F) No certificate of occupancy shall be issued for a single family attached dwelling unless a
common facility or party wall agreement or Declaration of Condominium, together with a
separate legal description for each living dwelling unit has been filed with the Bonneville
County Recorder's Office and a copy provided to the City of Ammon, for each such dwelling
unit which shares common facilities with another unit. Such agreement shall include a legal
description of the individual dwelling units sharing common facilities and shall allocate
responsibility as and between the owners of such lots for the use, maintenance, and
ownership of all common facilities.
16-1 ADOPTED 9-3-08
CHAPTER 16
R2-A RESIDENCE ZONE
SECTION:
10-16-1: General Objectives and Characteristics of Zone
10-16-2: Use Requirements
10-16-3: Area Requirements
10-16-4: Width Requirements
10-16-5: Location of Buildings and Structures
10-16-6: Height Requirements
10-16-7: Size of Buildings
10-16-8: Lot Coverage
10-16-9: Special Provisions Regarding Single-Family Attached Townhouse Dwellings
10-16-10: Vehicular Access
10-16-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the R2-A Residence Zone is to designate appropriate areas within the City where the
residential density is limited to eight (8) dwelling units on any given lot. In general, this zone is
situated in the central part areas of the City where the need for rental units is greatest, and along
major streets on the borders of neighborhoods.
Each R-2A zone shall contain no more than five (5.0) acres, and at least fifty percent (50%) of the
dwelling units in the zone shall face a street with properties zoned R-1 or more restrictive on the
other side of the street.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the R2-A Residence Zone (see
also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-16-2: USE REQUIREMENTS: The following uses shall be permitted in the R2-A
Residence Zone:
(A) Any use permitted in the RP, RP-A, R-1, R1-A, AND R-2 Zones.
(B) Rest homes Assisted Living Centers or Convalescent Homes for not more than twenty (20)
guests
residents.
(C) Foster family care homes. These are allowed in R2 by state definition 39-1201
(D) Residence courts containing not more than eight (8) dwelling units. Apartment buildings
containing not more than eight (8) dwelling units. No more than eight (8) such dwelling units
are permitted on any designated lot, although the Planning and Zoning Commission may
permit such dwelling units to be distributed between more than one building on the lot,
16-2 ADOPTED 9-3-08
provided each such building independently meets the area requirements, location of
buildings and structures requirements, height requirements, and size of buildings
requirements of the zone.
10-16-3: AREA REQUIREMENTS: For detached dwellings, the minimum requirements of the
R-1 zone as specified in §10-14-3 apply. For buildings containing two (2) dwelling units, the
minimum requirements of the R1-A zone as specified in §10-14A-3 apply. For buildings containing
three (3) to eight (8) dwelling units, an area of not less than fourteen thousand (14,000) square feet,
plus an additional three thousand (3,000) square feet per dwelling unit for each dwelling unit above
three (3) shall be required. This zone falls under the medium high density designation, no more
than twelve (12.0) dwelling units shall be permitted per acre.
For child day care centers, the minimum requirements of the R-2 zone as specified in 10-15-3 apply.
For rest homes Assisted Living Centers and Convalescent Homes, an area of at least six thousand
(6000) square feet shall be provided, plus two (2) square feet of lot area for each square foot of floor
space in the building in excess of one thousand (1000) square feet.
10-16-4: WIDTH REQUIREMENTS: The minimum width of any building site or residential
building lot for each building containing one (1) dwelling unit shall be as specified in 10-14-4. The
minimum width of any building site or residential building lot for each building containing two (2) to
eight (8) dwelling units shall be as specified in 10-14A-4. The minimum width of any building site or
lot for each child day care center shall be as specified in 10-15-4. The minimum width of any
building site or lot, not previously platted or subdivided according to the records of the City, for use
as an Assisted Living Center or Convalescent Home rest home or similar main building shall be
eighty (80) feet, plus five (5) feet of additional width for each one hundred (100) square feet of floor
area devoted to bedrooms for the accommodation of guests or roomers patients or residents.
10-16-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street or from any granted easement of vehicular access,
except as herein provided and required under the provisions of this ordinance. No auxiliary
building shall be located closer to the street (or granted easement of vehicular access)
fronted by the main building, than the distance of the main building to the street (or granted
easement of vehicular access).
(B) Side Yards. Subject to §10-16-5(A), there shall be a side yard on each side of a main
building of not less than six (6) inches for each foot of building height, except that no side
yard shall be less than eight (8) feet. Side yard requirements for accessory buildings shall
be the same as for main buildings, except that subject to §10-16-5(A), no side yard shall be
required for accessory buildings which are located more than twelve (12) feet in the rear of
the main building, provided that the auxiliary building's drip line remains within the property
Side Yards. Subject to 10-16-5(A), there shall be a side yard on each side of a main
16-3 ADOPTED 9-3-08
building of not less than six (6) inches for each foot of building height, except that no side
yard shall be less than eight feet (8).
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-16-5(A). Any accessory building placed in
the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more than
twelve (12) feet in the rear of the main building (calculated from the furthest point of
extension of any part of the foundation), provided that the auxiliary building's drip line
remains within the property.
3. There shall be no side yard setback requirement for the property line between zero
lot line single-family attached dwellings where the dwelling units are attached by
party wall/common or walls. The side yard requirements shall be maintained for the
exterior boundaries of any units, which are attached by party walls. All accessory
buildings shall comply with the setback requirements set forth above. There shall be
an attached party wall/common wall of no less than fifteen (15) feet between any
attached dwellings permitted within this chapter or any subsequent chapter allowing
single family attached dwellings.
(C) Rear Yard. Subject to §10-16-5(A), for main buildings, there shall be a rear yard of not less
than twenty-five (25) feet. Subject to §10-16-5(A), for accessory buildings, no rear yard shall
be required, provided that the auxiliary building's drip line remains within the property, except
where an alley is located at the rear of a lot, in which case a three (3) foot rear yard is
required.
10-16-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected to a height of
greater than twenty-five (25) feet. Roofs above the square of the building, chimneys, flag poles,
television antennas, church towers and similar structures not used for human occupancy are
excluded in determining height.
10-16-7: SIZE OF BUILDINGS: For attached multiple family dwellings and other buildings,
there shall be no minimum floor area requirements. For single family detached or attached
townhouses/condominium units the minimum square footage shall be 1100 square feet per living
unit.
16-4 ADOPTED 9-3-08
10-16-8: LOT COVERAGE:
(A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or
concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking
area. The maximum lot coverage of single-family attached dwelling units shall be
sixty-five percent (65%) for interior lots and fifty percent (50%) for corner lots. The
remaining lot area shall be landscaped in accordance with provisions of this ordinance.
All landscaping outside of that immediately between any main building and any public
street shall be located, designed, and developed for the benefit and enjoyment to the
residents of the dwelling(s), including appropriate play areas for children.
(B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include
such hard-surface outdoor recreation facilities as tennis courts, basketball courts,
shuffleboard courts, and swimming pools, provided that:
1. The hard-surface outdoor recreation facilities make up no more than forty percent
(40%) of the required landscaped area, and
2. Those facilities are available for the use of all residents of the development.
(C) Required Buffers. Wherever a development in the R2-A Zone adjoins land zoned RE, RP,
RP-A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use
in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer and a
minimum six (6) foot high site obscuring fence shall be provided. This buffer may be
included in the thirty percent (30%) minimum landscaped area required in (A) above. If an
open space of at least thirty (30) feet is provided between all buildings (whether main or
auxiliary) and the adjacent zone the requirement of a fence can be waived. Said open
space shall include some combination of planted trees, shrubs, vines, ground cover, flowers
or lawns.
10-16-9: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED TOWNHOUSE
DWELLINGS: These provisions apply to single-family attached townhouse dwellings (those
attached to adjacent units via zero lot lines) only.
(A) No single-family attached dwelling shall be located above another dwelling unit, either in
whole or in part.
(B) Each single-family attached dwelling shall have at least one direct pedestrian access from
the interior of the dwelling to the property line of the dwelling unit and no pedestrian access
may be held in common with another single-family dwelling unit.
(C) No more than eight (8) single-family attached dwellings may be attached together.
(D) Except as noted below, a single-family attached dwelling shall have no facilities or property
in common with another single-family attached dwelling and all dwellings shall be structurally
and functionally independent from each other. All single-family attached dwellings shall
have separate electrical service, water service lines, and sanitary sewer service lines.
Common facilities or property are allowed for the following:
16-5 ADOPTED 9-3-08
1. Common party walls constructed in accordance with the International Building Code.
2. Foundations supporting attached or party walls.
3. Flashing at the termination of the roof covering over any attached walls.
4. Roofs.
5. Vehicular access to a dedicated street for off-street parking facilities or detached
garages.
(E) No building permit shall be issued for the construction of a single-family attached dwelling
unless a common facilities or party wall agreement or Declaration of Condominium has been
filed with the Bonneville County Recorder's office for each such dwelling unit which shares
common facilities with another unit. Such agreement shall include a legal description of the
lots sharing common facilities and shall allocate responsibility as between the owners of
such lots for the use, maintenance, and ownership of all common facilities.
10-16-10: VEHICULAR ACCESS: All lots upon which a dwelling is located shall have
a vehicular access to and frontage upon a dedicated street or upon a granted easement of
access of not less than twenty-five (25) feet in width and of a distance from the public dedicated
street of no longer than approved by the planning and zoning commission.
17-1 ADOPTED 9-3-08
CHAPTER 17
R-3 RESIDENCE ZONE
SECTION:
10-17-1: General Objectives and Characteristics of Zone
10-17-2: Use Requirements
10-17-3: Area Requirements
10-17-4: Width Requirements
10-17-5: Location of Buildings and Structures
10-17-6: Height Requirements
10-17-7: Size of Buildings
10-17-8: Lot Coverage
10-17-9: Special Provisions Regarding Single-Family Attached Townhouse Dwellings
10-17-10: Vehicular Access
10-17-11: Special Provisions Applying To R-3 Zone
10-17-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the R-3 Residence Zone is to designate appropriate areas within the City for rental
dwelling units, multiple family dwellings and similar buildings where living accommodations for
groups may be located. This zone is characterized by a variety of dwelling types having widely
varying forms and shapes, with somewhat denser residential environment and a greater movement
of vehicular traffic than is characteristic of the R2-A Residence Zone. In general, this zone is
situated where the need for rental units is greatest, along major streets and on the borders of
neighborhoods where quiet, tranquil conditions are not as necessary as they are in the interior of low
density residential neighborhoods.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the R-3 Residence Zone (see
also 10-5 Supplementary Regulations to Zone, 10-7 Special Provisions Applying to Miscellaneous
Uses, and 10-29 Subdivision Regulations).
10-17-2: USE REQUIREMENTS: The following uses shall be permitted in the R-3
Residence Zone:
(A) Any use permitted in the RP, RP-A, R-1, R1-A, R-2 and R2-A Zones.
(B) Boarding houses, lodging houses, and rooming houses
, and rest homes.
17-2 ADOPTED 9-3-08
Incidental retailing of goods and services, such as newspapers, magazines, minimal food items,
grooming items, and the like, for the convenience of people who live in apartment buildings,
assisted living centers and convalescent homes; provided the facilities therefor shall be located
within the main building, and provided that no sign or display shall be used advertising the retail
services offered within the building which can be seen from a public street. Provided further,
that the floor area devoted to the retailing of goods and services shall not exceed ten (10)
square feet for each dwelling unit contained within the main building.
10-17-3: AREA REQUIREMENTS: For detached dwellings, the minimum requirements of
the R-1 zone as specified in 10-14-3 apply. For lots buildings containing no more than two (2)
dwelling units, the minimum requirements of the R1-A Residence zone, Chapter 14A shall apply. as
specified in 10-14A-3 apply. For buildings containing three (3) or more dwelling units, an area of not
less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand
seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall
be required. This zone falls under the high density designation, no more than sixteen (16.0)
dwelling units shall be permitted per acre.
For child day care centers, the minimum requirements of the R-2 zone as specified in 10-15-3 apply.
For rest Assisted Living Centers and Convalescent homes, the minimum requirements of the R2-A
zone as specified in 10-16-3 apply.
For Boarding/Lodging Houses and Rooming Houses, an area of not less than five thousand (5,000)
square feet shall be provided and maintained for boarding houses, and lodging and rooming
houses. There shall be no area requirements for other buildings, except that which is required for
off street parking space and yards.
10-17-4: WIDTH REQUIREMENTS: The minimum width of any building site or residential
building lot for each building containing one (1) dwelling unit shall be as specified in 10-14-4. The
minimum width of any building site or residential building lot for each building containing two (2) or
more dwelling units shall be as specified in 10-14A-4. The minimum width of any building site or lot
for each child day care center shall be as specified in 10-15-4. The minimum width of any building
site or lot, for use as a rest home an Assisted Living Center or Convalescent Home shall be as
specified in 10-16-4. The minimum width of any building site or lot for boarding houses, and lodging
and rooming houses not previously platted or subdivided according to the records of the City shall
be eighty (80) feet as measured from the building setback line.
10-17-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street or from any granted easement of vehicular access,
except as herein provided and required under the provisions of this ordinance. No auxiliary
building shall be located closer to the street (or granted easement of vehicular access)
fronted by the main building, than the distance of the main building to the street (or granted
easement of vehicular access).
17-3 ADOPTED 9-3-08
(B) Side Yards. Subject to 10-17-5(A), there shall be a side yard on each side of a main building
of not less than eight (8) feet. Side yard requirements for accessory buildings shall be the
same as for main buildings, except that subject to 10-17-5(A), no side yard shall be required
for accessory buildings which are located more than twelve (12) feet in the rear of
the main
building, provided that the auxiliary building's drip line remains within the property.
Side Yards. Subject to 10-17-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) inches for each foot of building height, except that no
side yard shall be less than eight feet (8).
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-17-5(A). Any accessory building placed in
the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
3. There shall be no side yard setback requirement for the property line between zero
lot line single-family attached dwellings where the dwelling units are attached by
party wall or walls. The side yard requirements shall be maintained for the exterior
boundaries of any units, which are attached by party walls. All accessory buildings
shall comply with the setback requirements set forth above. There shall be an
attached party wall/common wall of no less than fifteen (15) feet between any
attached dwellings permitted within this chapter or any subsequent chapter allowing
single family attached dwellings.
(C) Rear Yard. Subject to 10-17-5(A), for main buildings, there shall be a rear yard of not less
than twenty-five (25) feet. Subject to 10-17-5(A), for accessory buildings, no rear yard shall
be required, provided that the auxiliary building's drip line remains within the property, except
where an alley is located at the rear of the lot, in which case a three (3) foot rear yard is
required.
10-17-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected to a height of
greater than three (3) stories. Roofs above the square of the building, chimneys, flag poles,
television antennas, church towers and other similar structures not used for human occupancy are
excluded in determining height.
17-4 ADOPTED 9-3-08
10-17-7: SIZE OF BUILDINGS: For attached multiple family dwellings and other buildings,
there shall be no minimum floor area requirements. For single family detached or attached
townhouses/condominium units the minimum square footage shall be 1000 square feet per living
unit.
10-17-8: LOT COVERAGE:
(A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or
concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking
area. The maximum lot coverage of single-family attached dwelling units shall be
sixty-five percent (65%) for interior lots and fifty percent (50%) for corner lots. The
remaining lot area shall be landscaped in accordance with provisions of this ordinance.
All landscaping outside of that immediately between any main building and any public
street shall be located, designed, and developed for the benefit and enjoyment of the
residents of the dwelling(s), including appropriate play areas for children.
(B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include
such hard-surface outdoor recreation facilities as tennis courts, basketball courts,
shuffleboard courts, and swimming pools, provided that:
1. The hard-surface outdoor recreation facilities make up no more than forty percent
(40%) of the required landscaped area, and
2. Those facilities are available for the use of all residents of the development.
(C) Required Buffers. Wherever a development in the R2-A Zone adjoins land zoned RE, RP,
RP-A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use
in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer and a
minimum six (6) foot high site obscuring fence shall be provided. This buffer may be
included in the thirty percent (30%) minimum landscaped area required in (A) above. If an
open space of at least thirty (30) feet is provided between all buildings (whether main or
auxiliary) and the adjacent zone the requirement of a fence can be waived. Said open
space shall include some combination of planted trees, shrubs, vines, ground cover, flowers
or lawns.
10-17-9: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED TOWNHOUSE
DWELLINGS: These provisions apply to single-family attached townhouse dwellings (those
attached to adjacent units only via zero lot lines) only.
(A) No single-family attached dwelling shall be located above another dwelling unit, either in
whole or in part.
(B) Each single-family attached dwelling shall have at least one direct pedestrian access from
the interior of the dwelling to the property line of the dwelling unit and no pedestrian access
may be held in common with another single-family dwelling unit.
17-5 ADOPTED 9-3-08
(C) Except as noted below, a single-family attached dwelling shall have no facilities or property
in common with another single-family attached dwelling and all dwellings shall be structurally
and functionally independent from each other. All single-family attached dwellings shall
have separate electrical service, water service lines, and sanitary sewer service lines.
Common facilities or property are allowed for the following:
1. Common party walls constructed in accordance with the International Building Code.
2. Foundations supporting attached or party walls.
3. Flashing at the termination of the roof covering over any attached walls.
4. Roofs.
5. Vehicular access to a dedicated street for off-street parking facilities or detached
garages.
(D) No certificate of occupancy shall be issued for a single family attached dwelling unless a
common facility or party wall agreement or Declaration of Condominium, together with a
separate legal description for each living unit has been filed with the Bonneville County
Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit
which shares common facilities with another unit. Such agreement shall include a legal
description of the individual dwelling units sharing common facilities and shall allocate
responsibility as and between the owners of such lots for the use, maintenance, and
ownership of all common facilities.
10-17-10: VEHICULAR ACCESS: All lots upon which a dwelling is located shall have
a vehicular access to and frontage upon a dedicated street or upon a granted easement of
access of not less than twenty-five (25) feet in width and of a distance from the public dedicated
street of no longer than approved by the planning and zoning commission.
10-17-11: SPECIAL PROVISIONS APPLYING TO R-3 ZONE: Landscaping shall be as set
forth in section 10-5-24.
18-1 ADOPTED 9-3-2008
CHAPTER 18
R3-A RESIDENCE ZONE
SECTION:
10-18-1: General Objectives and Characteristics of Zone
10-18-2: Use Requirements
10-18-3: Area Requirements
10-18-4: Width Requirements
10-18-5: Location of Buildings and Structures
10-18-6: Height Requirements
10-18-7: Size of Buildings
10-18-8: Lot Coverage
10-18-9: Special Provisions Regarding Single-Family Attached Townhouse Dwellings
10-18-10: Vehicular Access
10-18-11: Special Provisions Apply to R3-A Zone
10-18-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the R3-A Residence Zone is to establish an area within the City in which the primary
use of the land is for residential purposes. Characteristic of this zone is a greater amount of
automobile traffic, greater density and a wider variety of dwelling types and uses than is
characteristic of the R-3 Residence Zone. The R3-A Zone is essentially residential in character;
therefore, all uses must be developed and maintained in harmony with residential uses. Also, while
a greater volume of automobile and pedestrian traffic is characteristic of this zone, attractive lawns,
shrubs, trees, both on the street and around the buildings, is also characteristic of this zone.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of this zone, the following regulations shall apply in the R3-A Residence Zone (see
also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-18-2: USE REQUIREMENTS: The following uses shall be permitted in the
R3-A Residence Zone:
(A) Any use permitted in the RP, RP-A, R-1, R1-A, R-2, R2-A and R-3 Residence Zones.
(B) Off street parking lots.
(C) For property zoned R3-A prior to April 1, 2004, ONLY, with no subsequent change to
another zone: Office buildings for professional persons, such as doctors, dentists,
accountants, attorneys, architects.
(D) Mortuaries, and funeral parlors, pursuant to a conditional use permit issued by the subject to
approval of Board of Adjustment.
18-2 ADOPTED 9-3-2008
(E) Other uses which have been ruled by the City Council to be similar to the uses hereinabove
listed.
10-18-3: AREA REQUIREMENTS: For detached dwellings, the minimum requirements of
the R-1 zone as specified in §10-14-3 apply. For lots buildings containing two (2) dwelling units, the
minimum requirements of the R1-A Residence zone, Chapter 14A shall apply. as specified in §10-
14A-3 apply. For buildings containing three (3) or more dwelling units, an area of not less than
twelve thousand two hundred (12,200) square feet, plus an additional two thousand two hundred
(2,200) square feet per dwelling unit for each dwelling unit above three (3) shall be required. This
zone falls under the high density designation, No more than twenty (20) shall be permitted per acre.
For child day care centers, the minimum requirements of the R-2 zone as specified in §10-15-3
apply.
For rest Assisted Living Centers and Convalescent Homes, the minimum requirements of the R2-A
zone as specified in §10-16-3 apply.
For boarding houses, and lodging houses and rooming houses, the minimum requirements of the R-
3 zone as specified in §10-17-3 apply.
There shall be no area requirements for other buildings, except that which is required for off street
parking space and yards.
10-18-4: WIDTH REQUIREMENTS: The minimum width of any building site or residential
building lot for each building containing one (1) dwelling unit shall be as specified in §10-14-4. The
minimum width of any building site or residential building lot for each building containing two (2) or
more dwelling units shall be as specified in §10-14A-4. The minimum width of any building site or lot
for each child day care center shall be as specified in §10-15-4. The minimum width of any building
site or lot, for use as an Assisted Living Center or Convalescent Home rest home shall be as
specified in §10-16-4. The minimum width of any building site or lot for boarding houses, and
lodging houses and rooming houses shall be as specified in §10-17-4.
10-18-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street or from any granted easement of vehicular access,
except as herein provided and required under the provisions of this ordinance. No auxiliary
building shall be located closer to the street (or granted easement of vehicular access)
fronted by the main building, than the distance of the main building to the street (or granted
easement of vehicular access).
(B) Side Yard. Subject to §10-18-5(A), there shall be a side yard on each side of a main building
of not less than eight (8) feet. Side yard requirements for accessory buildings shall be the
same as for main buildings, except that subject to §10-18-5(A), no side yard shall be
required for accessory buildings which are located more than twelve (12) feet in the rear of
the main building, provided that the auxiliary building's drip line remains within the property.
18-3 ADOPTED 9-3-2008
Side Yards. Subject to 10-18A-5(A), there shall be a side yard on each side of a main
building of not less than eight (8) feet.
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-18A-5(A). Any accessory building placed
in the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
3. There shall be no side yard setback requirement for the property line between zero
lot line single-family attached dwellings where the dwelling units are attached by
party wall/common or walls. The side yard requirements shall be maintained for the
exterior boundaries of any units, which are attached by party walls. All accessory
buildings shall comply with the setback requirements set forth above. There shall be
an attached party wall/common wall of no less than fifteen (15) feet between any
attached dwellings permitted within this chapter or any subsequent chapter allowing
single family attached dwellings.
(C) Rear Yard. Subject to §10-18-5(A), for main buildings, there shall be a rear yard of at least
twenty-five (25) feet. Subject to §10-18-5(A), for accessory buildings, no rear yard shall be
required, provided that the auxiliary building's drip line remains within the property, except
where an alley is located at the rear of the lot, in which case a three (3) foot rear yard is
required.
10-18-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No building shall be erected to a height
of greater than three (3) stories. Roofs above the square of the building, chimneys, flag poles,
television antennas, church towers and other similar structures not used for human occupancy
are excluded in determining height.
10-18-7: SIZE OF BUILDINGS: For attached multiple family dwellings and other buildings,
there shall be no minimum floor area requirements. For single family detached or attached
townhouses/condominium units the minimum square footage shall be 1000 square feet per living
unit.
18-4 ADOPTED 9-3-2008
10-18-8: LOT COVERAGE:
(A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or
concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area.
The maximum lot coverage of single-family attached dwelling units shall be sixty-five percent
(65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be
landscaped in accordance with provisions of this ordinance. All landscaping outside of that
immediately between any main building and any public street shall be located, designed, and
developed for the benefit and enjoyment of the residents of the dwelling(s), including
appropriate play areas for children.
(B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such
hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard
courts, and swimming pools, provided that:
1. The hard-surface outdoor recreation facilities make up no more than forty percent
(40%) of the required landscaped area, and
2. Those facilities are available for the use of all residents of the development.
(C) Required Buffers. Wherever a development in the R3-A Zone adjoins land zoned RE, RP,
RP-A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use
in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer and a
minimum six (6) foot high site obscuring fence shall be provided. This buffer may be
included in the thirty percent (30%) minimum landscaped area required in (A) above. If an
open space of at least thirty (30) feet is provided between all buildings (whether main or
auxiliary) and the adjacent zone the requirement of a fence can be waived. Said open
space shall include some combination of planted trees, shrubs, vines, ground cover, flowers
or lawns.
10-18-9: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED TOWNHOUSE
DWELLING: These provisions apply to single-family attached townhouse dwellings (those attached
to adjacent units via zero lot lines) only.
(A) No single-family attached dwelling shall be located above another dwelling unit, either in
whole or in part.
(B) Each single-family attached dwelling shall have at least one direct pedestrian access from
the interior of the dwelling to the property line of the dwelling unit and no pedestrian access
may be held in common with another single-family dwelling unit.
(C) Except as noted below, a single-family attached dwelling shall have no facilities or property
in common with another single-family attached dwelling and all dwellings shall be structurally
and functionally independent from each other. All single-family attached dwellings shall
have separate electrical service, water service lines, and sanitary sewer service lines.
Common facilities or property are allowed for the following:
1. Common party walls constructed in accordance with the International Building Code.
18-5 ADOPTED 9-3-2008
2. Foundations supporting attached or party walls.
3. Flashing at the termination of the roof covering over any attached walls.
4. Roofs.
5. Vehicular access to a dedicated street for off-street parking facilities or detached
garages.
(D) No certificate of occupancy shall be issued for a single family attached dwelling unless a
common facility or party wall agreement or Declaration of Condominium, together with a
separate legal description for each living unit has been filed with the Bonneville County
Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit
which shares common facilities with another unit. Such agreement shall include a legal
description of the individual dwelling units sharing common facilities and shall allocate
responsibility as and between the owners of such lots for the use, maintenance, and
ownership of all common facilities.
10-18-10: VEHICULAR ACCESS: All lots upon which a dwelling is located shall have
a vehicular access to and frontage upon a dedicated street or upon a granted easement of
access of not less than twenty-five (25) feet in width and of a distance from the public dedicated
street of no longer than approved by the planning and zoning commission.
10-18-11: SPECIAL PROVISIONS APPLYING TO R-3A ZONE: Landscaping shall be as set
forth in section 10-5-24.
20-1 5/24/2013
CHAPTER 20
C-1 LIMITED BUSINESS ZONE
SECTION:
10-20-1: General Objectives and Characteristics of Zone
10-20-2: Use Requirements
10-20-3: Area Requirements
10-20-4: Width Requirements
10-20-5: Location of Buildings and Structures
10-20-6: Special Provisions
10-20-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The C-1 Limited
Business Zone has been established as a district in which the primary use of the land is for retail
stores and service establishments which supply residential needs of the people living in the
surrounding area. This zone is usually located at specific locations along major streets and is
characterized by buildings having a wide variety of architectural forms and shapes.
The objectives in establishing this zone are:
To encourage the development and continued use of the land within the zone for business
purposes. To promote the development of serviceable and convenient retail and service facilities.
To provide appropriate areas for the development of business uses within the City and to prevent
the scattering of business uses into surrounding zones. To prohibit industrial uses within the zone
and to discourage any other use which tends to thwart or militate against the continued use and
development of the land within the zone for its primary purpose.
In order to accomplish the objectives and purposes of this ordinance, the following regulations
shall apply in the C-1 Limited Business Zone (see also Supplementary Regulations to Zones).
10-20-2: USE REQUIREMENTS: The following uses shall be permitted in the C-1 Limited
Business Zone.
(A) Any use permitted in the RSC-1 Residence Shopping Zone.
(B) Appliance shops and appliance service establishments.
(C) Bakeries. (retail) commercial also….see CC-1 (L)
(D) Signs identifying the buildings and signs advertising products sold on the premises.Indoor
shooting range (with conditional use permit approval)
(E) Businesses and establishments with vehicular drive-in and drive-through pickup facilities.
20-2 5/24/2013
(F) Other uses ruled by the City Council to be similar to the above listed uses and in harmony
with the objectives and characteristics of this zone.
10-20-3: AREA REQUIREMENTS: There shall be no lot area requirements for commercial
buildings and structures constructed in accordance with the building code of Ammon, except as
may be required in paragraph 10-5-9 of this ordinance. There shall be no area requirements for
other main buildings, except that which is required for off-street parking and yards.
10-20-4: WIDTH REQUIREMENTS: There shall be no lot width requirements for
commercial buildings and structures constructed in accordance with the Building Code of Ammon.
10-20-5: LOCATION OF BUILDINGS AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from the
property line adjacent to any public street or from any granted easement of access, except
as herein provided and required under the provisions of this ordinance.
(B) Side Yards. There shall be no side yards required.
10-20-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection.
10-20-7 6: SPECIAL PROVISIONS:
(A) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
(B) All merchandise, equipment, and other materials, except seasonal merchandise such as
nursery stock, fruits, vegetables, and vehicles in running order, shall be stored within an
enclosed building.
(C) No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted which
is discernible beyond the premises, except for normal movement of automobile traffic.
(D) Landscaping shall be as set forth in section 10-5-24.
21-1 7/11/2006
CHAPTER 21
HC-1 HIGHWAY COMMERCIAL ZONE
SECTION:
10-21-1: General Objectives and Characteristics of Zone
10-21-2: Use Requirements
10-21-3: Area, Width, Location, Height, and Size Requirements
10-21-4: Special Provision
10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway
Commercial Zone has been established as a district in which the primary use of the land is for
retail stores and service establishments to serve the traveling public. This zone is usually located
at specific locations along arterial roadways throughout highways leading into the City, and is
characterized by buildings set back from the right-of-way line and having a wide variety of
architectural forms and shapes.
The objectives in establishing this zone are:
(A) To encourage the development and continued use of the land within the zone for business
purposes.
(B) To promote safety on the roadways. highway.
(C) To maintain maximum use of high right-of-way for travel purposes.
(D) To prohibit uses which tend to prevent thwart or militate against the continued use and
development of the land within the zone for its primary purpose.
In order to accomplish the objectives and purposes of this ordinance and to promote the essential
characteristics of this zone, the following regulations shall apply in the HC-1 Highway Commercial
Zone (see also Supplementary Regulations to Zones).
10-21-2: USE REQUIREMENTS: The following uses shall be permitted in the HC-1 Highway
Commercial Zone:
(A) Any use permitted in the RSC-1 Residential Shopping Center Zone and in the C-1 Limited
Business Zone.
(B) Super service stations.
(C) New car lots (by conditional use permit).
(D) Used car lots (by conditional use permit).
21-2 7/11/2006
(E) Machinery sales establishments (by conditional use permit).
(F) Amusement enterprises, such as merry-go-rounds, penny arcades, etc (by conditional use
permit).
(G) Retail establishments with incidental wholesaling, but excluding establishments, the
principal activity of which is a storage warehouse.
(H) To serve liquor by the drink, and beer and wine by the drink, at retail upon premises as a
secondary use only wherein the primary operation of the premises is as a restaurant/café
in the business of preparing, serving and dispensing food and beverages wherein such
premises do not have an age restriction imposed by any chapter within Title 23 of the Idaho
State Code. Secondary use as used in this Chapter shall mean: The sale of liquor shall
be second in sales when compared to food sales. Secondary use shall also mean at
minimum liquor sales shall not exceed forty (40) percent of total sales in said
establishment. Upon request of the City Council, an establishment shall provide to the
Planning Director a detail of total sales and comparisons by category. Sales should be
substantiated by computer generated reports obtained by a cash register or other
electronic device used for tracking sales in an establishment.
(I) Commercial garages, but not including the storage of wrecked or dismantled automobiles.
(J) Furniture Stores
(K) Public garages and public parking lots for pay.
(L) Motels and Hotels.
(M) Radio and TV studios, but excluding antenna towers greater than thirty (30) feet in height
above the average terrain.
(N) Billboards (by conditional use permit) (refer to Chapter 34 for regulations)
(O) Semi-public swimming pools, including water parks.
(P) Amusement Parks.
(Q) Taxi stands and Bus Stops Added 5-1-13
(R) Other uses ruled by the City Council to be similar to the above listed uses, and in harmony
with the objectives and characteristics of this zone.
10-21-3: AREA, WIDTH, LOCATION, HEIGHT AND SIZE REQUIREMENTS: No
requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from
the property line adjacent to any public street, except as herein provided and required under the
provisions of this ordinance.
21-3 7/11/2006
10-21-4: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection.
10-21-54: SPECIAL PROVISIONS:
(A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is
discernible beyond the premises, except for normal movement of automobile traffic.
(B) Landscaping shall be as set forth in section 10-5-24.
(C) All merchandise, equipment, and other materials, except seasonal merchandise such as
nursery stock, fruits, vegetables, and vehicles in running order, shall be stored within a
solid structure fenced site obscuring enclosure IE. Vinyl or block fencing.
(D) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
22-1 5/24/2013
CHAPTER 22
CC-1 CENTRAL COMMERCIAL ZONE
SECTION:
10-22-1: Objectives and Characteristics of Zone
10-22-2: Use Regulations
10-22-3: Area, Frontage, Location, Height, and Size Requirements
10-22-4: Special Provisions
10-22-1: OBJECTIVES AND CHARACTERISTICS OF ZONE: The objectives in establishing
the CC-1 Central Commercial Zone is to create and maintain a dominant shopping and financial
center. For this reason, the zone has been located where the street pattern makes the business
buildings readily accessible to all parts of the City and surrounding region, and where business and
shopping activities can be carried on with maximum convenience. The CC-1 Central Commercial
Zone is characterized by clean, well-lighted streets, ample pedestrian ways and vehicular parking
lots for the convenience and safety of the public. Attractive, inviting and well-maintained shops,
stores, offices and other buildings are also characteristic of this zone.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of this zone, the following regulations shall apply in the CC-1 Central Commercial
Zone.
10-22-2: USE REGULATIONS: The following uses shall be permitted in the CC-1 Central
Commercial Zone:
(A) Any use permitted in the PB RSC-1, C-1 and
HC-1 Zones.
(B) Commercial HVAC Air-conditioning service establishments.
(C)
Appliance stores. Already in RSC (C)
(D)
Antique shops.Allowed in RSC
(E)
Automobile supply shops Allowed in RSC and service stations allowed in RSC and super
in HC-1.
(F) Amusement enterprises, such as penny arcades, carrousels, swimming pools and
dance halls.
(G) Assembly of appliances from previously prepared parts.
(H) Auto body and fender shops.
22-2 5/24/2013
(I) Auto painting.
(J) Auction houses.
(K) Boat sales and repair (By Conditional Use Permit)
(L) Bakeries (commercial) wholesale and retail). See C-1
(M) Broadcasting studios.
(N) Building supply stores, except material sales yards and accessory storage buildings.
(O)
Catering services (food). This is currently allowed in the RSC zone so it would move to the
C-1 zone if approved
(P) Clubs and fraternal societies.Currently in RSC
(Q) Canvas products sales and fabrication (on site, retail only).
(R) Engraving, Print shops (excluding those print presses that are half size or larger) printing
(S) Furniture stores.Why not HC-1
(T) Glass cutting and installation.
(U) Garages (commercial, but not including the storage of more than ten (10) wrecked or
dismantled automobiles).
(V) Hotels, motels. Motels allowed in HC-1 why not hotels
(W) Laundries (commercial).
(X) Offices and office buildings.
(Y) Parking lots and structures.
(Z) Pawn shops.
(AA) Plumbing and carpenter shops and similar craft shops.
(BB) Public buildings and public utility buildings and facilities and structures.
(CC) Signs (commercial off premise) (by conditional use permit). Is this a billboard? If so its
allowed in HC
(DD) Taxi stands, Bus depots.
(EE) Heliport and passenger railroad stations. (By Conditional Use Permit)
(FF) Upholstery stores and repair shops.
22-3 5/24/2013
(GG) Wholesale establishments with stock on premises, but excluding establishments, the
principal activity of which is a storage warehouse.
(HH) Other uses similar to the foregoing uses, which are ruled by the City Council to be in
harmony with the intent of this zone.
10-22-3: AREA, FRONTAGE, LOCATION, HEIGHT, AND SIZE REQUIREMENTS: No
requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from
the property line adjacent to any public street, except as herein provided and required under the
provisions of this ordinance.
10-22-4: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection.
10-22-4: SPECIAL PROVISIONS:
(A) All off-street parking spaces shall be hard surfaced.
(B) All merchandise, equipment, and other material, except for seasonal items on a temporary
basis such as nursery stock and except for vehicles in running order, shall be stored within
an enclosed building or within a sight-obscuring enclosure.
(C) No dust, odor, smoke, vibrations, glare, or noise shall be emitted which is discernible
beyond the premises, except from normal movement of automobile traffic.
(D) Landscaping shall be as set forth in section 10-5-24.
(E) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
23-1 5/24/2013
CHAPTER 23
GC-1 GENERAL COMMERCIAL ZONE
SECTION:
10-23-1: General Objectives and Characteristics of Zone
10-23-2: Use Requirements
10-23-3: Area, Frontage, Location, Height and Size Requirements
10-23-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The GC-1 General
Commercial Zone has been established as a district in which the primary use of the land is for
heavy commercial establishments and for non-nuisance industries. The objectives in establishing
this zone are:
(A) To designate the most appropriate land within the City for retail and wholesale
establishments and to prevent the scattering of commercial uses into surrounding zones.
(B) To encourage the construction of and continued use of the land for commercial and
industrial buildings.
(C) To discourage the use of the land for dwellings and for nuisance industries or any other
use which would thwart or substantially interfere with the use of the land for its primary
purpose.
This zone is characterized by a mixture of businesses, warehouses, craft shops and manufacturing
and industrial enterprises which are incidental to retail and wholesale establishments. Since the
zone permits such a wide variety of uses, owners and developers of property should bear in mind
that many of the protective features which zoning normally affords are largely nonexistent and
should develop and maintain their property in recognition thereof.
Representative of the uses within this zone are retail and wholesale establishments, plumbing,
carpentry and other craft shops, warehousing, equipment yards and equipment sales yards.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of this zone, the following regulations shall apply in the GC-1 General Commercial
Zone (see also Supplementary Regulations to Zones).
10-23-2: USE REQUIREMENTS: The following uses shall be permitted in the GC-1 General
Commercial Zone:
Any use permitted in the PB Professional Business, RSC-1, C-1 Limited Commercial, and HC-1
Highway Commercial Limited Business Zone and in the CC-1 Central Commercial Zones.
(A) Wholesale distributing houses and warehouses.
23-2 5/24/2013
(B) Service establishments, such as dyeing, cleaning or laundry plants, printing plants,
machine shops, blacksmith shops.
(C) Food preparation plants, the operation of which is not obnoxious by reason of emission of
odors, smoke, or noise.
(D) Milk distribution stations, creameries, bottling works and similar businesses.
(E) Assembling and the sale of farm equipment, mining machinery, vehicles and similar
articles, but excluding junk yards and auto wrecking yards.
(F) Large animal practice veterinary hospitals.
(G) Building materials storage yards.
(H) Glass cutting and installation.
(I) Plumbing and carpenter shops and similar craft shops.
(J) Radio and TV studios, with antenna towers greater than thirty (30) feet in height above the
average terrain permitted.
(K) Other uses ruled by the City Council to be similar to the foregoing uses, provided that such
other uses are not inconsistent with the objectives and characteristics of this zone.
10-23-3: AREA, FRONTAGE, LOCATION, HEIGHT, AND SIZE REQUIREMENTS: No
requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from
the property line adjacent to any public street, except as herein provided and required under the
provisions of this ordinance.
10-23-4: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection.
10-23-54: SPECIAL PROVISIONS:
(A) Landscaping shall be as set forth in section 10-5-24.
(B) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
24-1 05-31-01
CHAPTER 24
M-1 MANUFACTURING ZONE
SECTION:
10-24-1: General Objectives and Characteristics of Zone
10-24-2: Use Requirements
10-24-3: Area Requirements
10-24-4: Width Requirements
10-24-5: Location Requirements
10-24-6: Height Requirements
10-24-7: Size Requirements
10-24-8: Special Provisions
10-24-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The M-1
Manufacturing Zone has been established as a district in which the primary use of the land is for
manufacturing purposes.
This zone is characterized by relatively flat, open land, conveniently located close to
transportation, public utilities and other facilities necessary for successful manufacturing
operations. This zone is also characterized by building and off-street parking lots situated among
spacious lawns, trees, shrubs and other landscape features. Most distinguishing about the
characteristics of this zone, however, is the attractively designed buildings and park-like
appearance of the grounds surrounding the buildings.
Representative of the uses within this zone are manufacturing establishments, office
buildings, educational buildings and research laboratories.
As a means of attracting manufacturing establishments into this zone, regulations designed
to encourage and maintain an attractive park-like environment has been adopted. Also, dwellings
and other uses, which tend to thwart or prevent the use of land for manufacturing purposes, have
been excluded. The objectives in establishing the M-1 Zone are:
(A) To provide space for certain types of manufacturing establishments, which require location
among spacious landscaped surroundings, free from smoke, noise, fumes vibrations, etc.
(B) To broaden the tax base.
(C) To encourage new industry to locate within the City to the end that the economic and social
well being of the city and its inhabitants may be enhanced thereby.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of this zone, the following regulations shall apply in the M-1 Manufacturing Zone
(see also Supplementary Regulations to Zones).
24-2 05-31-01
10-24-2: USE REQUIREMENTS: The following uses shall be permitted in the M-1 Zone:
(A) Manufacturing, processing and fabricating establishments except those in which
explosives or other dangerous materials are used.
(B) Assembling of material from previously prepared parts.
(C) Research laboratories, excluding activities hazardous to explosion or fire.
(D) Office buildings and parking lots incidental to uses otherwise permitted in the zone.
(E) Parking lots.
(F) Buildings accessory to and incidental to uses permitted in the zone.
(G) Other uses similar to the foregoing uses, which are ruled by the City Council to be in
harmony with the intent of this zone.
10-24-3: AREA REQUIREMENTS: No single M-1 Zone shall contain less than thirty (30)
acres; however, there shall be no requirements for individual buildings or lots, except that the area
shall be sufficient to provide for setbacks, landscaping and off-street parking.
10-24-4: WIDTH REQUIREMENTS: There shall be no requirements for individual buildings
or lots.
10-24-5: LOCATION REQUIREMENTS: All buildings shall be set back a minimum distance
of thirty (30) feet from any public street, except as herein provided and required under the
provisions of this ordinance.
10-24-6: HEIGHT REQUIREMENTS: No requirements. Maximum building height is subject
to the Fire Department’s ability to provide adequate fire protection.
10-24-7: SIZE REQUIREMENTS: No requirements.
10-24-8: SPECIAL PROVISIONS:
(A) Maintenance of Premises: The entire lot shall be kept free from refuse, debris and
waste material; and all such refuse, debris and waste material shall be kept in
approved containers and stored so that the containers cannot be seen from any
public street. No dust, odors, smoke, vibrations, intermittent lights, glare, noise,
fumes, ash or sound shall be emitted which is discernible beyond the premises
except that which arises due to normal traffic movement.
(B) All storage and activities, except loading and unloading and automobile parking
shall be conducted within a building.
(C) Landscaping shall be as set forth in section 10-5-24.
(D) The required setback space shall not be used for automobile parking but shall be
24-3 05-31-01
landscaped and maintained with lawns and trees and shrubs, except for permitted
driveways.
(E) All buildings on any lot shall not occupy more than thirty (30) percent of the total
area of any lot.
(F) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
25-1 REVISED 1-5-12
CHAPTER 25
I&M-1 INDUSTRIAL AND MANUFACTURING ZONE
SECTION:
10-25-1: General Objectives and Characteristics of Zone
10-25-2: Use Requirements
10-25-3: Area Requirements
10-25-4: Width Requirements
10-25-5: Location Requirements
10-25-6: Height Requirements
10-25-7: Size of Buildings
10-25-8: Landscaping
10-25-9: Special Provisions
10-25-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The I&M1
Industrial and Manufacturing Zone has been established as a district in which the primary use of
the land is for manufacturing, fabricating, processing and warehousing establishments. This zone
is characterized by relatively flat land peculiarly suited for industrial uses because of the proximity
to railroad tracks and streets and the availability of utilities necessary for successful industrial use.
While much of the land within this zone is currently devoted to agriculture and other open-land
uses, it is intended that manufacturing and industrial uses shall be directed into this zone as the
needs arise.
Representative of the uses within this zone are manufacturing and fabrication and
processing, storage, warehousing and wholesale distribution and railroad trackage, switchyards
and terminal facilities. Uses which give rise to excessive noise, vibration, smoke, odor or dust,
fumes or danger of explosion have been excluded from this zone. As a means of attracting
manufacturing and industrial establishments into this zone, certain regulations concerning the
external appearance of building and structures and the maintenance and use of land have been
adopted. Also, dwellings and other uses, which tend to thwart or prevent the use of the land for its
primary purposes have been excluded from this zone. The objectives in establishing the I&M-1
Zone are:
(A) To provide space for manufacturing and industrial uses within the City in appropriate
locations and to discourage uses which tend to thwart the use of land for industrial
purposes from locating within this zone.
(B) To encourage the expansion of industrial establishments already existing within the zone.
(C) To encourage new industry to locate within the zone to the end that the economic well
being of the City and its inhabitants shall be enhanced thereby.
(D) To prevent the encroachment of industrial uses into non-industrial zones.
25-2 REVISED 1-5-12
(E) To prevent the commingling of incompatible uses and the attending depreciation of
property values and the unwholesome social conditions resulting therefrom.
(F) In order to accomplish the objectives and purposes of this ordinance and to encourage the
most appropriate use of land within this zone, the following regulations shall apply in the
I&M-1 Industrial and Manufacturing Zone (see also Supplementary Regulations to Zones).
10-25-2: USE REQUIREMENTS: Land within the I&M-1 Zone may be devoted to any use,
with the following guidelines and exceptions:
(A) That outdoor shooting ranges shall be first approved as a conditional use by the Board of
Adjustment.
(B) Sexually oriented businesses shall be allowed, provided that no business be located within
twenty-five hundred (2500) feet of any religious institution, school, public park or building or
residentially zoned property.
(C) The following uses shall be prohibited in the I&M-1 Zone:
All residential uses, except the residence of a caretaker of industrial plant; apartment
houses, trailer courts and tourist courts, cement, lime, gypsum, rock wool or plaster of
paris manufacture; acid manufacture; explosive manufacture and storage; glue
manufacture; fat rendering; distillation of bones and organic fertilizer manufacture;
petroleum refining and refining of crank case oil; rubber manufacture; milling or smelting of
ores; garbage dumps or dead animal reduction; stock yards, feed yards or slaughter of
animals; hotels and hospitals for human care; activities or businesses allowing the serving
of alcohol.
10-25-3: AREA REQUIREMENTS: There shall be no area requirements except as set forth
in Title 10, Chapters 5 and 29 of this code. An area sufficient to accommodate off-street parking,
loading and unloading and vehicular access shall be provided and maintained.
10-25-4: WIDTH REQUIREMENTS: No requirements.
10-25-5: LOCATION REQUIREMENTS: All buildings shall be set back a minimum distance
of thirty (30) feet from any public street, except as herein provided and required under the
provisions of this ordinance.
10-25-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection.
10-25-7: SIZE OF BUILDING: No requirements.
10-25-8: LANDSCAPING: Landscaping shall be as set forth in section 10-5-24.
25-3 REVISED 1-5-12
10-25-9: SPECIAL PROVISIONS: All off-street parking spaces shall be hard surfaced
except as provided below:
(A) A designated portion of the property used exclusively as a heavy truck yard, or
(B) For vehicle repair facilities only – storage of vehicles currently under repair, or
(C) An alternative “green” parking surface proven to be compatible with east Idaho weather
conditions (including snow plow operations), when approved by the City Engineer and the
City Planning Director.
(D) Properties where the entire property is enclosed by a fence may, by approval of the City
Engineer provide gravel base parking under the guidelines of the City Engineer.
(E) All entry driveways from public roads to all parking areas shall be hard surfaced.
(F) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
26-1 5/7/03
CHAPTER 26
I&M-2 INDUSTRIAL AND MANUFACTURING ZONE
SECTION:
10-26-1: General Objectives and Characteristics of Zone
10-26-2: Use Requirements
10-26-3: Area, Width, Location, Height, and Size of building Requirements
10-26-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The I&M2 Industrial
and Manufacturing Zone has been established as a district in which the primary use of the land is for
the selling of livestock.
In order to accomplish the objectives and purposes of this ordinance, the following
regulations shall apply in the I&M-2 Industrial and Manufacturing Zone.
10-26-2: USE REQUIREMENTS: The following uses shall be prohibited permitted in the
I&M-2 Zone:
(A) Except for livestock auctions and activities related to the handling, transporting and selling of
livestock; any use prohibited in the I&M-1 Industrial and Manufacturing Zone. Any use
permitted in the I&M-1 Industrial and Manufacturing Zone.
(B) Amusement enterprises, bowling alleys, clubs and fraternal societies, dance halls, night
clubs, pool and billiard halls, dancing and music schools, gymnasium and physical culture
establishments.
(C) Livestock auctions and activities related to the handling, transporting and selling of livestock.
10-26-3: AREA, WIDTH, LOCATION, HEIGHT AND SIZE OF BUILDING REQUIREMENTS: No
requirements There shall be no area requirements except as set forth in Title 10, Chapters 5 and 29
of this code. An area sufficient to accommodate off-street parking, loading and unloading and
vehicular access shall be provided and maintained.
10-26-4: WIDTH REQUIREMENTS: No requirements.
10-26-5: LOCATION REQUIREMENTS: All buildings shall be set back a minimum distance of
thirty (30) feet from any public street, except as herein provided and required under the provisions of
this ordinance.
10-26-6: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection.
10-26-7: SIZE OF BUILDING: No requirements.
26-2 5/7/03
10-26-8: LANDSCAPING: Landscaping shall be as set forth in section 10-5-24.
10-26-54: SPECIAL PROVISIONS:
(A) Landscaping shall be as set forth in section 10-5-24.
10-26-9: SPECIAL PROVISIONS: All off-street parking spaces shall be hard surfaced except
as provided below:
(A) A designated portion of the property used exclusively as a heavy truck yard, or
(B) For vehicle repair facilities only – storage of vehicles currently under repair, or
(C) An alternative “green” parking surface proven to be compatible with east Idaho weather
conditions (including snow plow operations), when approved by the City Engineer and the
City Planning Director.
(D) Properties where the entire property is enclosed by a fence may, by approval of the City
Engineer provide gravel base parking under the guidelines of the City Engineer.
(E) All entry driveways from public roads to all parking areas shall be hard surfaced.
(F) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
Page 1 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
CHAPTER 29
SUBDIVISION REGULATIONS
SECTION:
10-29-1: Definition
10-29-2: Plat Required
10-29-3: Approval of Subdivision Plat
10-29-4: Appeals
10-29-5: Permits
10-29-6: General Requirements
10-29-7: Preliminary Plat Requirements
10-29-8: Requirements of the Final Plat
10-29-9: Street Improvements Required; Fees
10-29-10: Dedications
10-29-11: Amended Plats
10-29-12: Exceptions May be Made to Avoid Hardship
10-29-13: Site Plan Review
10-29-14: Split Zoned Lots
10-29-15: Guarantee of Completion
10-29-16: Judicial Orders
10-29-17: Fees for Review
10-29-18: Penalty
10-29-1: DEFINITION: The word "subdivision," as used in this chapter, is hereby defined as
the division of a developed or undeveloped tract or parcel of land into three (3) or more parts for the
purpose, whether immediate or future, of sale or of building development; provided, that if any one
(1) person within one (1) calendar year divided any tract into three (3) or more parts, such land shall
be deemed a subdivision within the meaning of this chapter; provided, however, that this definition of
a subdivision shall not include a bona fide division or partition of agricultural land in parcels of more
than five (5) acres for agricultural purposes, nor shall it include the division of property which is
within a duly-zone commercial or industrial district for commercial or industrial development where
no new streets are required or are to be dedicated for public use; nor shall it include or apply to the
allocation of land in the settlement of an estate, or a court decree for the distribution of property; nor
shall it apply to the sale or conveyance of any parcel of land which may be shown as one (1) of the
lots of a subdivision of which a plat heretofore has been recorded in the land records of Bonneville
County, Idaho.
10-29-2: PLAT REQUIRED: No person shall subdivide any tract of land which is located wholly
or in part in the City, unless he shall first have or cause to have made a plat thereof as required by
Title 50, Chapter 25 of the Idaho Code and as set forth within this chapter.
Page 2 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
10-29-3: APPROVAL OF SUBDIVISION PLAT: No plat shall be recorded or offered for record
until the plat has been reviewed by the Planning Commission and approved by the City Council and
shall bear thereon the approval, by endorsement, of the Mayor, City Engineer and City Clerk.
10-29-4: Per Scott – We should repeal this section; it doesn’t apply. Leave 10-29-4 and show
it repealed and the date. APPEALS: Any aggrieved person whose plat has been rejected or
disapproved by the Board of Adjustment may petition the Mayor and Council for a hearing to review
the action of the Planning Commission.??
10-29-5: PERMITS: No permits shall be issued by an administrative officer for the
construction of any building or other improvement requiring a permit upon any land for which a plat
is required by this chapter unless and until the requirements of this chapter have been complied
with.
10-29-6: GENERAL REQUIREMENTS:
Street Requirements.
(A) All through streets in the subdivision must conform to the major street plan of the City.
1. The alignment and width of previously platted streets, when extended shall be
preserved unless topographical conditions make a modification advisable.
2. Exception to this would be in the case where the existing street will no longer meet
the required street width as determined by the current ordinance.
3. Where a subdivision abuts or contains an existing or proposed arterial street, there
shall be a reverse frontage with screening and an additional fifteen (15) foot rear or
side yard set back requirement. Access from a reverse frontage lot to an adjacent
arterial roadway is prohibited.
4. Street width is to be measured from property line to property line. The minimum
width of streets so measured shall be:
For local or minor streets -- sixty (60) feet
For collector or secondary street -- sixty (60) feet
For arterials or major streets -- conform to major street plan
Minimum width of roadway (face to face of curb) shall be:
For local or minor streets -- thirty-six (36) feet
For collector or secondary streets -- forty-one (41) feet
For arterials or major streets -- conform to major street plan
Page 3 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
5. Dead-end streets, designed to be so permanently, shall not be longer than four
hundred (400) feet and shall be provided at the closed end with a turn-around
with a pavement edge diameter and right-of-way diameter as follows:
A. If the turn around is constructed with curb and gutter, the right-of-way shall
be a minimum of one hundred (100) feet in diameter with a pavement edge
diameter of a minimum eighty-three (83) feet;
6. Streets shall be laid out so as to intersect as nearly as possible at right angles,
and no street shall intersect any other street at less than eighty (80) degrees.
7. Minor streets shall be so laid out that their use by through traffic will be discouraged.
8. The arrangement of streets in new subdivisions shall make reasonable provisions for
the continuation of the principal existing streets in adjoining subdivisions, or their
proper projections when adjoining property is not subdivided. The street and alley
arrangements must also be such as to cause no hardship to owners of adjoining
property when they plat their land and seek to provide for convenient access thereto.
This arrangement must also provide for continuing a reasonable number of through
utility lines.
9. Minimum street grades of four-tenths percent (0.4%) will be required, with the
maximum grade being seven percent (7%) for secondary and major streets and ten
percent (10%) for local or minor streets. Where the observance of this standard is
impossible, the Engineer shall review the situation before an exception may be
granted.
10. All streets and alleys shall be completed to the grades, which have been officially
approved or determined by the Engineer, as shown upon approved plans and
profiles.
11. Where street lines within a block deflect from each other at any one (1) point more
than ten degrees (10°), there shall be a connecting curve. The radius of the curve
for the inner street line shall not be less than seven hundred (700) feet for a major
street, two hundred fifty (250) feet for an important neighborhood street and fifty (50)
feet for local or minor streets.
12. Curbs at street intersections shall be rounded with curves having a minimum radius
of twenty-five (25) feet, for minor streets, but for arterials it shall be a minimum of 35’
or greater as required by the City Engineer.
13. Street name signs shall be erected by the subdivider in accordance with City
standard specifications.
14. Sidewalks shall be a minimum of five (5) feet in width and may be required to be
wider in areas near shopping centers, schools or where pedestrian traffic may
warrant a greater width.
Page 4 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
15. Under certain circumstances, residential areas may be allowed to be developed
without curb and gutter. When recommended by the City Engineer and the Planning
and Zoning Commission, the City Council may allow development under specific
term and specifications. All exclusions to the requirement of curb and gutter and the
required specifications shall be set within a development agreement for each
subdivision or division thereof.
(B) Alleys and Easements.
1. The minimum width of any dedicated alley shall be sixteen (16) feet.
2. There shall be an easement of not less than ten (10) feet on all lot lines within a plat
that border a dedicated public right of way. Other easements may be required as
deemed necessary by the City Engineer.
3. Alley intersections and sharp changes in alignment shall be avoided; but, where
necessary, corners shall be cut off sufficiently, as determined and approved by
the City Engineer, to permit safe vehicular movement.
4. Dead-end alleys shall be prohibited.
(C) Blocks.
1. The length, widths, and shapes of blocks shall be determined with due regard to
adequate building sites suitable to the special needs of the type of use
contemplated; the zoning regulations, as to lot size and dimension; the need for
convenient access, circulation, control, and safety of street traffic; and the limitations
and opportunities of topography.
2. Block lengths shall not exceed thirteen hundred (1,300) feet and not less than four
hundred (400) feet.
(D) Lots.
1. All lots shown on the subdivision plat must conform to the minimum requirements of
the zoning regulations.
2. Side lines of lots shall be at right angles or radial to the street lines unless a variation
from the rule will give a better street and lot plan. All corner lots shall have a
minimum radius of twenty (20) feet on the property lines.
3. Double frontage lots shall be prohibited, except where unusual topography makes it
impossible to meet this requirement.
4. All remnants of lots below minimum size left over after the subdividing of a larger
tract must be added to adjacent lots rather than allowed to remain as unusable
parcels.
Page 5 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
(E) Each new subdivision plat shall provide for facilities for bicycles, pedestrians, and other
non-motorized modes of transportation. These facilities shall be provided as required by
a recommendation to the City Council by the Planning and Zoning Commission. Any
recommendation shall be made following the most current adopted version of the BMPO
Bicycle & Pedestrian Plan.
1. Trails within a subdivision may with a recommendation from the Planning and
Zoning Commission allow the system to be integrated as part of the required
sidewalk system. This allowance would require the widening of the required
sidewalks to accommodate bicycles and other non-motorized modes of
transportation.
2. As part of the review for trails, consideration shall be given to connection to
existing and/or future trails as shown in the most current version of the BMPO
Bicycle & Pedestrian Plan.
10-29-7: PRELIMINARY PLAT REQUIREMENTS: In seeking to subdivide land into building
lots and to dedicate streets, alleys or other land for public use there shall be one scaled drawing
submitted to the Planning and Zoning Director a minimum of 24” X 36” and 11” X 17” copies in the
number directed by the Zoning Director. In addition all submittals shall also be submitted in
electronic form. The preliminary plat shall be submitted at least ten (10) days before a Planning
Commission meeting date. The Planning Commission shall review the application within ten (10)
days from the first meeting at which the plan was formally presented unless an extension of time is
agreed to by the subdivider. Prior to making a decision on the proposed preliminary plat the
Planning Commission shall determine if a public hearing should be required for the proposed
preliminary plat request. If the Planning Commission determines a hearing should be held, there
shall be a hearing scheduled for the next available hearing date before the Planning Commission.
Final approval of preliminary plats shall be by the City Council.
Any preliminary plat containing more than three (3) lots shall be submitted to the Planning
Director at least fifteen (15) days prior to the deadline for submission of such plat to the Planning
and Zoning Commission. The Planning Director shall submit the drawing for review by the City
Engineer, Fire Chief, Building Official and Planning Director. Said review shall provide the
developer with any issues needing to be addressed prior to a submission to the Planning
Commission. Changes required by the staff review shall be reflected on the submitted preliminary
plat.
The preliminary plat so prepared by the subdivider and formally filed with the Planning
Director shall contain the following information.
(A) The proposed name of the subdivision.
(B) The location of the subdivision as forming a part of some larger tract or parcel of land
referred to in the records of the County Recorder.
Page 6 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
(C) A vicinity map showing a radius of one-half (1/2) mile around the proposed development
shall be provided. All existing roadways shall be shown, with names on the vicinity map.
(D) A contour map at appropriate contour intervals to show the general topography of the tract.
(E) The boundary lines of the tract to be subdivided shall be accurate in scale and bearing.
(F) The location, widths and other dimensions of all existing or platted streets shall be shown
on the preliminary plat. In addition, important features within one hundred (100) feet and
contiguous to the tract to be subdivided and recorded as a legal document shall be shown
on the preliminary plat. Examples of those features include but are not limited to railroad
lines, water courses, easements and exceptional topography.
(G) The approximate location of existing sanitary sewers, storm drains, water supply mains,
fire hydrants, and culverts within the tract and immediately adjacent thereto.
(H) The location, widths, and other dimensions of proposed streets, alleys, easements, parks,
lots, and other open spaces.
(I) All parcels of land intended to be dedicated for public use or reserved for the use of all
property owners with the purpose indicated.
(J) North point, scales, and dates.
(K) The zoning requested for each area, if not already zoned.
(L) The following items shall be printed on the preliminary plat:
1. Density of subdivision in living units
2. number of lots within the division
3. average size of lots within the division
4. total size of plat (in acres)
5. A signature line showing approval date shall be provided for the Planning Director.
(M) Mitigation of the impact of development on public facilities should be considered at this
stage. Recommendations from staff and the Planning and Zoning Commission shall
be directed to the City Council for consideration.
1. Written record of staff and the Planning and Zoning Commission
recommendations for mitigation shall be included in the staff presentation to the
City Council for each preliminary plat presentation.
Page 7 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
2. Written record of the decision and motion of the City Council requirements for
mitigation shall be incorporated into an annexation or development agreement
prior to the final platting stage of said development.
The preliminary plat shall be drawn to a scale not smaller than one (1) inch to one hundred (100)
feet. One (1) copy of the approved preliminary plat will be kept on file for public examination at the
office of the Planning Director. Such approval of the pr eliminary plat shall be valid for a period of
one (1) calendar year only.
10-29-8: REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the
Planning Commission for final review within one (1) year after the approval of the preliminary plat,
and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale
with reference to such plat until said plat has been duly approved as indicated in Section 10-29-3 of
this chapter.
The Planning Commission must review the final plat. The final plat shall be submitted at least ten
(10) days before a Planning Commission meeting date. The Planning Commission shall review the
application within ten (10) days from the first meeting at which the plan was formally presented
unless an extension of time is agreed to by the subdivider.
Final approval of the plat shall be secured from the City Council; otherwise, the subdivider will be
duly notified of its rejection by said body. The final plat must be recorded within twelve (12) months
of approval by the City Council, or it shall expire.
The plat sheet must be prepared in accordance with the Idaho Code.
After approval of the Planning and Zoning Commission and City Council; three (3) mylar prints, shall
be submitted to the Planning Department for final City staff review and approval. If approved, the
prints shall have endorsed thereon the required approvals of all public agencies and property
owners. Upon final approval the City Clerk shall submit the drawings to the County Recorder and
return the prints for the City to the Planning Director and the County Recorder shall have attested
the content on the print for the City to be the same that has been recorded with the County.
Payment for all recordings shall be made to the City Clerk in care of Bonneville County Recorder.
The size of the print to be filed with the City Engineer shall be twenty-four (24) inches by
thirty-six (36) inches and the border line of the plat shall be drawn in heavy lines, leaving a
space of at least one and one-half (1-1/2) inch margin on the left-hand side of the sheet for
binding, and not less than a one-half (1/2) inch margin in from the outside or trim line around
the other three (3) sides or edges of the sheet. The plat shall be so drawn that the top of the
sheet either faces north or west, preferably north, whichever accommodates the drawing
best. The actual map drawn shall be made on a scale not smaller than one hundred (100)
feet to one (1) inch and shall clearly show all details; and the workmanship on the finished
drawing shall be neat, clean-cut and readable.
The following information shall be contained upon the drawing to be filed with the City Engineer:
Page 8 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
(A) The name and general location of the subdivision in bold letters at the top of the sheet. The
name of the subdivision must not bear the name of any other town or addition in the County.
(B) The north point and scale of the plat.
(C) The boundaries must be accurately drawn, showing the proper bearings and dimensions of
all boundary lines of the subdivision. These lines should be slightly heavier than street and
lot lines.
(D) The names, widths, lengths, bearings, and curve data on center lines of proposed streets,
alleys, and easements desired or necessary; also, the boundaries, bearings, and
dimensions of all portions within the subdivision as intended to be dedicated to the use of
the public. The sizes, lines, dimensions, bearings, and number of all lots, blocks, and/or
parts reserved for any reason within the subdivision.
(E) The widths and names of abutting streets and alleys, and the names and boundaries of all
subdivisions which have been previously recorded and adjacent thereto, must be shown
upon the plat offered for record. These adjacent subdivisions will be shown in dotted lines to
show their relationship to the plat offered for record. If adjoining land is unplatted, it should
be indicated as such.
(F) All linear dimensions shall be calculated to the nearest one-hundredth (.01) of a foot, and all
bearings shall be calculated to the nearest ten (10) seconds of arc, except on the
boundaries where the bearings may be shown to the nearest one (1) second. All curves
shall be defined by the radius, central angel, tangent, arc, and chord distances. The
description and location of all monuments shall be shown. Monuments of iron pipe, stone,
or concrete shall be set at tangent points or points of curves of street intersections on
property lines, at alley intersections and at such other points as may be necessary to make
the retracing of the lines as shown on the final plat reasonably convenient. No plat showing
a plus or minus distance will be accepted unless agreed to by the Engineer.
(G) A definite tie between not less than two (2) prominent points shall be shown between the
exterior boundary of the subdivision and the section corner and quarter corner system of the
County as established by the United States Government and supplemented by the County,
indicated either by bearing and distance or by rectangular coordinates. The said tie may be
made to a line of a county plat, or a plat of a neighboring subdivision, which conforms to the
above requirement.
(H) All lots shall be numbered by progressive numbers in each block separately; blocks shall
also be numbered.
(I) Upon the print, the required forms shall be letter for the following: Registered Professional
Engineer and/or Land Surveyor's "Certificate of Survey"; owner's dedication certificate with
notary public's acknowledgment; the approval of the Mayor attested by the Clerk; and the
City Engineer.
(J) The following items shall be printed on the final plat:
Page 9 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
1. Density of subdivision in living units
2. Number of lots within the division
3. Average size of lots within the division
4. Total size of plat (in acres)
(K) The following items shall accompany the final plat application:
Prior to Planning and Zoning Approval:
1. A vicinity map showing a radius of one-half (1/2) mile around the proposed
development. All existing roadways shall be shown with names on the vicinity map.
2. A copy of the proposed final plat indicating the zoning on each lot within the final
plat. This copy shall be a separate document from the proposed final plat itself.
Prior to City Council Approval:
1. Copies of any private restrictions proposed to be recorded for the purpose of
providing regulations governing the use, building lines, open spaces, or other
aspects of development and use.
2. Copies and signatures showing approval of the sewer by the City of Idaho Falls,
when required by the servicing agency.
3. Final plat and improvement drawings recorded in digital form.
All dimensions, both linear and angular are to be staked in the field by an accurate control survey
which must balance and close within a limit of one (1) in ten thousand (10,000).
The final print of the final plat shall be signed separately by all parties duly authorized and required
to sign.
(L) Prior to the recording of any final plat a development agreement shall be submitted and
approved by the City Council.
1. No final plat shall be recorded until all related documents including a development
agreement have been signed by the requestor.
2. Said development agreement shall contain language to include any mitigation
requirements as determined by the Council at the Preliminary and Final Plat stage.
Page 10 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
3. Said development agreement shall contain language to include any mitigation
requirements as determined by the City Council at the annexation stage of
development.
10-29-9: STREET IMPROVEMENTS REQUIRED FEES: The owners of any land to be platted
as a subdivision may be required to install all street improvements, including sidewalks, curb, and
gutter, street grading and surfacing, as well as sanitary sewers, street drainage, and drainage
structures, water mains and fire hydrants, including hydrant and valve boxes, also including all street
signage as needed to comply with City standards, and all such improvements to be installed under
the specifications and inspection of the Engineer. The installations of all such improvements
required above may be reduced on major streets forming a boundary of the subdivision.
A fee will be charged for the checking of drawings and for inspection, as Determined by the
Engineer and Council.
10-29-10: DEDICATIONS: All streets, alleys, and easements, within the subdivision must be
dedicated for public use.
Dedication of all other public open space within the subdivision will be required in accordance with
annexation and/or related development agreement. Where this plan calls for a larger amount of
public space than the subdivider can be reasonably expected to dedicate, the land needed beyond
the subdivider's fair contribution is to be reserved for acquisition by the City, provided such
acquisition is made within five (5) years from the date of approval.
The action of the Mayor and Council in exercising this power to compel dedication of public open
space shall take place only after a public hearing has been held on the matter. Anyone aggrieved
by the decision of the Council may have the decision reviewed by a court of competent jurisdiction.
10-29-11: AMENDED PLATS:
(A) Amended plats must be filed as per original. In the event a plat of a subdivision has been
recorded and major changes have been made which change the subdivision materially, the
subdivision upon which these changes have been made must be vacated and an amended
plat filed in accordance with the regulations set up in this chapter.
(B) Any change in the location of a street or area reserved for public use or in alleys and
easements shall require the filing of amended plat.
(C) Any change, which affects lot lines, lot sizes or units for additional building which may be
under separate ownership shall be submitted and reviewed by the City Engineer and
Planning Director. If it is the determination of the City Engineer and Planning Director
that an amended plat is required to maintain the integrity of a subdivision, an amended
plat or condominium plat shall be filed. Decisions of the City Engineer and Planning
Director may be appealed to the City Council for a ruling. In cases where it is determined
Page 11 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
an amended plat is not required the following items shall be submitted to the Planning
Director for processing:
1. A full size copy of the existing plat showing the requested lot line changes.
These changes should be detailed in color to easily show the changes
requested.
2. A drawing showing in detail the changes and existing lots line drawn to a
scale of not less than 1:40 shall be submitted to the Planning Director.
This drawing shall include the new legal description of the properties
being changed.
3. A new legal description of the properties affected by the request submitted
in a “word” electronic file.
4. Documentation from Bonneville County showing the current ownership of
the property that changes are being requested on.
5. A letter from the current property owner requesting the changes shown in
the above mentioned detail.
6. Once all information has been submitted and final approval has been
received, the Planning Director will prepare and record the necessary
documentation for each affected lot. NO future building permit shall be
issued on the subject property until all documentation has been received
and recorded.
(D) Any change, which divides an existing building which may produce separate ownership of
portions of said building shall require the filing of an amended plat or condominium plat
(E) Any request to amend a plat must be accompanied by a copy of the original plat.
10-29-12: EXCEPTIONS MAY BE MADE TO AVOID HARDSHIP: Whenever the tract to be
subdivided is, in the opinion of the Council, of such unusual shape or size or is surrounded by such
development or unusual conditions that the strict application of the requirements contained herein
would result in real difficulties and substantial hardships or injustices, the Council may vary or modify
such requirements so that the subdivider is allowed to develop his property in a reasonable manner,
but so, at the same time, the public welfare and interests of the City and surrounding area are
protected and the general intent and spirit of this chapter are preserved.
10-29-13: SITE PLAN REVIEW: A final site plan review must be approved prior to the issuance
of a building permit in all non-residential zones and in any residential zone that allows apartments.
(A) A preliminary site plan must be submitted to the Planning and Zoning Commission for review
and recommendations to city staff under the following conditions:
1. Multi-family dwellings consisting of five (5) or more attached dwelling units.
2. Dwelling groups consisting of two (2) or more dwelling units inside or outside a
planned unit development.
Page 12 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
3. Other residential developments as deemed necessary by the City Council, the
Chairman of the Planning and Zoning Commission or a member of the Planning and
Zoning Commission.
4. All developments outside residential zones.
5. All lots being redeveloped through a planned transition zone.
(B) Recommendations to staff shall be considered at the next staff meeting after the Planning
and Zoning meeting. City staff will consider the recommendations of Planning and Zoning
and make any additional recommendations they feel necessary. All recommendations will
be forwarded to the developer for compliance.
(C) Staff review of site plans shall be completed prior to final approval of any site plan. Only
after signatures from all departments of the City relating to site plan approval shall the site
plan become considered a “final site plan”.
(D) All final site plan drawings shall comply with the Site Plan Requirement sheet available from
the City Building and Planning Department. Additional documentation may be required as
necessary for complete review of any site plan.
(E) Upon request for a certificate of occupancy the zoning administrator shall review the site for
compliance with the approved final site plan. The zoning administrator shall not approve the
issuance of a certificate of occupancy until the site has been found to be in compliance with
the approved final site plan, unless it is determined by the zoning administrator that a
temporary certificate of occupancy is appropriate for non-safety issues. Prior to the
expiration of a temporary certificate of occupancy all non-compliance issues shall be brought
into compliance.
(F) Approval of a site plan shall be valid for a period of twenty-four (24) months.
10-29-14: Split Zoned Lots: The following shall address split zoned lots within the City of
Ammon.
(A) Split zoned lots are prohibited in the City of Ammon.
(B) Upon submission of a request for final plat approval a separate document shall be submitted
for staff review showing the zoning of each lot within the requested final plat.
10-29-15: GUARANTEE OF COMPLETION: The developer of a subdivision within the City
shall be required to construct and install all Public improvements as required by the approved
improvement drawings for each subdivision or division thereof prior to the issuance of any
building permit for said subdivision or produce a guarantee of completion. This guarantee of
completion shall be provided in lieu of completing all infrastructure improvements prior to
Page 13 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
issuance of building permits within a subdivision as required in the City of Ammon annexation
and development agreements.
(A) Financial Guarantee Arrangements: Prior to commencing construction on any public
improvements the Final Plat and Development Agreement shall be approved and
recorded. The City shall require the developer to provide a financial guarantee of
performance in one or a combination of the following arrangements which said
requirements shall be in addition to the requirements of any other agency responsible for
the administration, operation and maintenance of the applicable public improvement.
Public improvements shall include but not be limited to: roads, phone, electric, public
water, natural gas, public sewer, fire protection, cable, lighting and required landscaping,
curb, gutter, sidewalks and drainage systems.
1. Surety Bond:
a. Accrual: The bond shall accrue to the City of Ammon covering all
costs of construction, of the specific public improvements.
b. Amount: The bond shall be in the amount equal to one hundred fifty
percent (150%) of the total estimated cost based on the development cost
agreement in item
10-29-15-(A)-1-e below, for completing construction of the specific public
improvement, as recommended and approved by the City Engineer.
c. Term Length: The bond shall be in force for a period of 12 months
with automatic renewal until such time as the public improvements are
completed and accepted by the City and shall further continue until all
warranty periods are completed.
d. Bonding for Surety Company: The bond shall be with a surety
company authorized to do business in the State of Idaho and acceptable
to the City Council.
e. Development Cost Agreement: The Development cost agreement
shall be provided by the developer’s registered engineer and approved by
the City Engineer. Said agreement shall reflect actual cost estimates plus
ten (10) percent of the improvements needed to complete 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 City, shall be deposited with an escrow agent City
Treasurer, or trust company;
b. Dollar Value: The dollar value of the cash deposit, certified check,
Page 14 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
negotiable bond or an irrevocable bank letter of credit shall be equal to
one hundred fifty percent (150%) of the estimated cost based on the
development cost agreement in item 10-29-15-(A)-2-d below, for
completing construction of the specific public improvement, as
recommended and approved by the City Engineer.
c. Escrow Time: The escrow time for the cash deposit, certified check,
negotiable bond or irrevocable bank letter of credit, shall be for a period
12 months with automatic renewal until such time as the public
improvements are completed and accepted by the City and shall further
continue until all warranty periods are completed.
d. Development Cost Agreement: The Development cost agreement shall be
provided by the developers registered engineer and approved by the City
Engineer. Said agreement shall reflect actual cost estimates plus ten (10)
percent of the improvements needed to complete subdivision.
(B) Approval of As Built Site Improvements: With respect to financial guarantees, the
approval of all as built site improvements within a subdivision or PUD shall be
conditioned on the accomplishment of the following:
1. The improvements as required in the construction improvement drawings
required by this title have been completed by the developer and approved by
the City.
2. All completed improvements must be approved by the developer’s engineer
with an acknowledged/notarized letter.
(C) Inspection of Public Improvements Under Construction:
1. Before recording of a final plat, and before construction plans, and specifications for
public improvements, an agreement shall be made in writing between the developer
and the City to provide for inspecting the construction and its conformity to the
submitted plans.
2. Prior to construction of public improvements, a pre-construction meeting shall be held
with the appropriate City of Ammon department’s staff, the project engineer and the
contractor or the contractor’s designated representative.
(D) Penalty in Case of Failure to Complete Construction of Public Improvements: In the
event the developer shall, in any case, fail to complete such work within the period of
time as required by the conditions of the guarantee for the completion of public
improvements, it shall be the responsibility of the City Council to proceed to have such
work completed. In order to accomplish this, the City Council shall reimburse itself for the
cost and expense thereof by appropriating the cash deposit, certified check, irrevocable
letter of credit, or negotiable bond which the developer may have deposited in lieu of
surety bond, or may take such steps as necessary to require performance by the bonding
or surety company, and as included in a written agreement between the Council and the
Page 15 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
developer.
(E) Reduction and Release of Guarantee: Only after the inspecting engineer certifies that
improvements are complete and free from defect, after receipt of notarized statement,
and itemized bill, the City shall release the developer from the subdivision improvements
agreement upon completion of all warranty periods.
1. On subdivisions where a cash deposit, certified check, or negotiable bond for
guarantee of sidewalk installation only has been presented; and after completion
of a minimum of fifty (50) percent of the required sidewalks within the subdivision,
the Developer may request up to fifty (50) percent of the deposit to be refunded.
Any deposit refund request must be made in writing to the City Engineer who
shall than inspect the subdivision for completion of sidewalks and notify the
Developer in writing of the results of the inspection. If the City Engineer
determines a refund may be processed he/she shall then issue a request to the
City Treasurer that all or a portion of the funds being held in escrow be released
to the Developer dependent on the percent of completion. Calculations for refund
shall be done on a lot by lot basis in the same method as the deposit amount was
calculated.
(F) Phasing Allowed: Any existing plat which was approved and recorded on or before
December 31, 2011, shall be allowed to phase development under the following
conditions:
1. Any proposed phase shall be approved by the City Engineer and Planning
Director.
2. No phase shall be allowed on any recorded plat with less than twenty (20)
buildable lots.
3. No phase shall be allowed with less than ten (10) adjacent lots.
4. The developer shall be responsible for providing a final phased development plan
showing each phase of the plat.
5. All other requirements of this section shall be met within each phased portion of a
recorded plat.
10-29-16: Judicial Orders: The following shall address judicial orders in regards to lots
and buildings affected by judicial order:
(A) Any non-complying lot created within the City by a judicial order shall be considered a non-
buildable lot until such time the lot is brought into conforming status.
(B) Any non-complying lot created within the City by a judicial order containing an existing
building that is made non-conforming by said judicial order shall be considered a non-
conforming building until such time as the building is brought into conforming status.
Page 16 of 16 SUBDIVISION REGULATIONS REVISED 7-19-12
10-29-17: Fees for Review: Reasonable fees sufficient to recover incurred costs may be
charged. The City Council may, by resolution, adopt fees for services associated with review,
processing and inspection of subdivisions. Such fees shall be reasonably related to the costs of
services provided by the City with respect to the subdivision of land.
10-29-18: Penalty: Any person, firm or corporation, whether as principal, agent,
employee or otherwise who fails to comply with the conditions and or requirements of this
chapter shall be guilty of an infraction and shall be subject to penalties prescribed for such
violations under section 1-4-2 of this code.
31-1 5/24/2013
CHAPTER 31
PROFESSIONAL BUSINESS OFFICE ZONE
SECTION:
10-31-1: Establishment of Zone
10-31-2: General Objectives and Characteristics of Zone
10-31-3: Use Requirements
10-31-4: Area Requirements
10-31-5: Width Requirements
10-31-6: Location of Buildings
10-31-7: Height Requirements
10-31-8: Size of Buildings
10-31-9: Supplementary Regulations
10-31-10: Repeal of Ordinances in Conflict
10-31-11: Effective Date
10-31-1: ESTABLISHMENT OF ZONE: There is hereby established within the City of Ammon
and within the zoning laws of the City of Ammon, a Professional Business Office Zone, known as a
P-B Zone.
10-31-2: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing a P-B Professional-Business Zone is to provide for business, professional
governmental and municipal offices, cultural facilities, church and school offices and structures and
certain other type uses of a semi-commercial nature. This zone is characterized by a relatively high
traffic volume and a wide variety of office-type buildings.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of this zone, the following regulations shall apply in the P-B Office Zone.
10-31-3: USE REQUIREMENTS: Only the following uses shall be permitted in this zone:
(A) Business and professional offices, including incidental storage, but excluding wholesale and
retail shops or markets.
(B) Off-street parking lots in conjunction with permitted uses.
(C) Medical and dental clinics and offices.
(D) Government offices, excluding those where storage of materials or equipment is a primary
purpose.
31-2 5/24/2013
(E) Non-profit community halls and lodges, fraternal and benevolent meeting halls and church or
school offices and structures.
(F) Mortuaries and funeral parlors subject to approval of Planning Commission.
(G) Non-flashing signs advertising the services performed within the structure as permitted by
the ordinance of the City of Ammon.
(H) Directional signs not to exceed two (2) square feet; also signs advertising parking space,
providing the signs advertising such use shall not exceed eight (8) square feet and shall not
be constructed to a height greater than four (4) feet.
(I) Small animal practice veterinary hospitals.
(J) Storage Units (by Conditional Use Permit)
(K) Other uses which have been ruled by the City Council to be similar to the uses hereinabove
listed.
10-31-4: AREA REQUIREMENTS: No area requirement, except that which is required for off-
street parking and yards are established for the P-B Zone.
10-31-5: WIDTH REQUIREMENTS: The minimum width of any building site for a main
building shall be fifty (50) linear feet, measured at the building setback line, except that the minimum
width of lots for mortuaries or funeral parlors shall be one hundred (100) feet.
10-31-6: LOCATION OF BUILDING AND STRUCTURES:
(A) Setback. All buildings shall be set back a minimum distance of thirty (30) feet from
the property line adjacent to any public street, except as herein provided and
required under the provisions of this ordinance.
(B) Side Yards. For main buildings, there shall be side yards of not less than eight (8)
feet. Side yard requirements for accessory buildings shall be the same as for the
main buildings, except that no side yard shall be required for accessory buildings
which are located more than twelve feet in the rear of the main building.
(C) Rear Yard. Ten (10) feet for all buildings, except as herein provided and required
under the provisions of this ordinance.
10-31-7: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. There shall be no height requirements,
except as limited by yard requirements.
10-31-8: SIZE OF BUILDINGS: There shall be no requirements as to the size of buildings.
10-31-9: SUPPLEMENTARY REGULATIONS: The Supplementary Regulations to Zones, as
established by the ordinances of the City of Ammon, shall apply to the PB Zone.
31-3 5/24/2013
10-31-10: LANDSCAPING: SPECIAL PROVISIONS:
(A) Landscaping shall be as set forth in section 10-5-24.
(B) Off street parking shall be provided, as required in this ordinance, and shall be hard
surfaced.
10-31-11: REPEAL OF ORDINANCES IN CONFLICT: All ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
10-31-12: EFFECTIVE DATE: This ordinance shall be effective and in full force and effect from
and after its due passage and publication as required by law.
Page 1 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
CHAPTER 32
COMMUNICATION TOWERS AND ANTENNAS
SECTION:
10-32-1: Intent and Purpose
10-32-2: General Objectives
10-32-3: Definitions
10-32-4: General Provisions
10-32-5: Special Antenna Categories
10-32-6: Tower Categories
10-32-7: Setbacks
10-32-8: Separations
10-32-9: Co-location Required
10-32-10: Requirements of Co-location
10-32-11: Appearance
10-32-12: Support Equipment Buildings
10-32-13: Interference and Emissions Standards
10-32-14: Safety and Health
10-32-15: Maintenance
10-32-16: Backhaul Network
10-32-17: Non-conforming Use
10-32-18: Abandoned Towers
10-32-19: Conditional Use Permit Required
10-32-20: Business License
10-32-21 Business License Fees
10-32-22: Property Owner Responsible
10-32-23: Penalty
10-32-1: INTENT AND PURPOSE. Communication towers and antennas whose
distribution, placement, architectural, or other aesthetic properties are out of character with their
surroundings have the effect of decreasing the attractiveness and destroying the character and
integrity of the community. This in turn has an adverse impact on quality of life and property
values, important elements of the public welfare. The purpose and intent of this ordinance is to
promote the public welfare, by providing for those communication towers and antennas required
for over-the-air communications services, while controlling the negative impacts which can be
caused by these towers and antennas.
10-32-2: GENERAL OBJECTIVES. The objectives for establishing a conditional use
for and requiring business licenses for communication towers and antennas are to:
(A) Provide for the legitimate desire of service providers, citizens, and businesses in and near
the City to provide, or to access and use over-the-air electromagnetic radio wave services
as quickly as practical;
Page 2 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
(B) Protect the citizens of Ammon and surrounding areas from potential adverse impacts of
towers and other telecommunication facilities;
(C) Minimize adverse visual impact of wireless telecommunication facilities through careful
design, siting, landscaping and encouraging innovative camouflaging techniques;
(D) Promote and encourage shared tower use by co-location of antennas and antenna
support structures as a primary option rather than construction of additional single use
facilities;
(E) Establish siting, appearance, and noise standards that protect the residents and
businesses in and around Ammon by only allowing towers, antennas, and support
equipment buildings that are visually and audibly compatible with and tend to blend in with
the area where they are located;
(F) Optimize the placement and distribution of various types of towers; and
(G) Maintain tower appearance and structural integrity through design, construction, and
maintenance standards.
10-32-3: DEFINITIONS.
(A) Antenna -- any structure or device designed, utilized, or intended to be utilized to radiate
or capture over-the-air electromagnetic waves, for purposes including but not limited to
beacon, control signal, data, audio and/or video transmission or reception, radio or
television transmission or reception, studio to transmitter links, microwave relay links,
satellite uplinks and downlinks, unlicensed wireless services, commercial wireless
telecommunication services, commercial mobile wireless services, cellular phone
services, specialized mobilized radio communications, enhanced specialized mobilized
radio communications, personal wireless services, common carrier wireless exchange
access services, and pager services.
(B) Backhaul Network -- landlines (including trunks) and microwave links interconnecting
wireless telecommunications antennas, mobile telephone switching offices, and the public
switched telephone network (including local and long distance providers).
(C) Board of Adjustment -- the Board of Adjustment of the City of Ammon, Idaho.
(D) City -- the City of Ammon, Idaho.
(E) City Clerk -- the City Clerk of the City of Ammon, Idaho.
(F) City Council -- the City Council of the City of Ammon, Idaho.
(G) Co-location -- the use of a tower by more than one wireless communications provider.
(H) FAA -- the Federal Aviation Administration or its lawful successor.
(I) FCC -- the Federal Communications Commission or its lawful successor.
Page 3 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
(J) Fire Chief -- the Fire Chief of the City of Ammon, Idaho.
(K) Mayor -- the Mayor of the City of Ammon, Idaho.
(L) Personal Wireless Services -- commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services as now defined in Section
704(a)(7)(C)(i) of the Telecommunications Act of 1996, 47 U.S.C. Section 332(a)(7)(C)(i),
as the same may be amended from time to time.
(M) Planning and Zoning Commission -- the Planning and Zoning Commission of the City of
Ammon, Idaho.
(N) Public Utility Facilities -- facilities designed or utilized for the transmission, distribution,
delivery or collection of electric, public switched telephone network, cable television,
natural gas, water or sewer utility services, or for the transportation of the public.
(O) Service Provider -- a wireless communications provider.
(P) Tower -- for the purpose of this chapter, tower refers to communications towers. A tower
is any lattice tower, monopole, pole, mast, spire, or similar structure, free-standing or
guyed, mounted on the ground or on another structure, which supports or is intended to
support one or more antennas.
(Q) [Commercial] Wireless Telecommunication Services -- licensed cellular, specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), personal
communication services (PCS), paging, and similar services utilizing over-the-air
electromagnetic radio waves that are marketed to the general public. Wireless
telecommunication services are not controlled by the Idaho Public Utilities Commission,
are not public utilities and are not essential services, but are governed under the
provisions of this ordinance.
10-32-4: GENERAL PROVISIONS.
(A) Any tower support equipment building must meet minimum requirements governing main
buildings in the zone in which it is located, unless the support equipment building is an
accessory to a main building, in which case the support equipment building must meet
minimum requirements for accessory buildings in the zone in which it is located.
(B) The tower and everything attached to it must meet minimum requirements governing
accessory buildings in the zone in which it is located. If the tower is also used to illuminate
a public park, playing field, public parking lot or public street, or to hold a traffic light,
instead of being governed by accessory building setbacks, the tower shall minimally be
governed by street light setbacks. Additional setback requirements given in the Setbacks
section of this ordinance must also be met.
(C) No tower or antenna may extend further than eighteen (18.0) inches beyond the front line
of any building into the property's front yard, except for:
Page 4 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
1. Satellite dishes and microwave TV dishes no greater than thirty (30.0) inches in
diameter,
2. Towers which are also used to illuminate public parks, playing fields, public parking
lots, or public streets,
3. Towers which are also used to hold traffic lights,
4. Towers which are made to look like and used as flag poles.
(D) The property where a tower is or will be located must have an access easement by which
vehicles and equipment can get to the property. Access roadways to towers must be hard
surfaced with asphalt or cement.
(E) If the land upon which the tower is or will be located is or will be leased, the lease shall fit
within "commercial lease" provisions of the Federal Bankruptcy Law.
(F) Except existing towers categorized as type 4, no tower shall be allowed to be constructed
as a lattice tower.
10-32-5: SPECIAL ANTENNA CATEGORIES.
(A) Receive only Antennas. Receive only antennas are those which receive but do not
transmit any signal. The most common receive only antennas are those which receive
broadcast AM radio, FM radio, or TV signals, although others also exist. A receive only
antenna is allowed in any zone in the City and does not require a conditional use permit or
business license, provided that the highest point of the tower and anything mounted on it
is no higher than thirty-two feet (32’) above the ground, measured at grade, or for roof
mounted antennas, ten feet (10’) above the highest point of the roof. If there are any local
trees or buildings blocking a signal from a directional antenna, this height may be
increased sufficiently to clear the obstruction, but only up to a height of seventy feet (70’)
above grade.
(B) Amateur Antennas. An amateur antenna, to include dipoles, used by a federally licensed
amateur radio operator, is allowed in any zone in the City and does not require a
conditional use permit or business license, provided the highest point of the tower and
anything mounted on it is no higher than seventy feet (70’) above the ground, measured
from grade, and provided all applicable FCC regulations are met.
(C) Personal Use Unlicensed Frequency Antennas. An antenna used to transmit on FCC
authorized unlicensed frequencies (such as Citizen's Band), for personal use only, may be
located in any zone in the City and does not require a conditional use permit or business
license, provided it meets the same minimum requirements that a receive only antenna
must meet, plus all applicable FCC regulations.
(D) Low Height Governmental Antennas. A transmitting antenna used strictly for Federal,
State, or local governmental purposes may be located in any zone in the City and does not
require a conditional use permit or business license, provided it meets the same minimum
requirements that a receive only antenna must meet, plus all applicable FCC regulations.
Page 5 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
(E) Mobile Antennas. An antenna attached to a licensed motor vehicle (including travel
trailers or motor home trailers or camper trailers, but excluding all other types of trailers)
may be used in any zone in the City and does not require a conditional use permit or
business license. This also includes any temporary antenna set in the parking area
beside such a vehicle, used exclusively by that vehicle, and carried in or on the vehicle
when the vehicle is not parked.
(F) Portable Hand Held Device Antennas. An antenna attached to a portable hand held
device, such as a walkie talkie, wireless phone, cell phone, or pager, may be used in any
zone in the City and does not require a conditional use permit or business license.
(G) Temporary Towers.
1. A "temporary tower", including such things as a cherry picker or crane, used to
determine acceptable antenna locations and heights, does not require a conditional
use permit or business license, but does require a letter of intent to be filed with the
Planning and Zoning Director, including specific locations to be tested and the date
each test will be made.
2. If a tower with a current conditional use permit and business license has been
damaged or destroyed, a temporary tower may be placed at the same site, provided
the temporary tower meets all setback requirements, for a period of up to ninety (90)
days, while the permanent tower is being repaired or replaced. Before the
temporary tower may be placed on the property, a building permit must be applied
for and the site must be found to be in compliance with the current ordinance.
3. No other temporary towers are allowed within the City.
(H) Antenna Arrays. Antenna arrays are normally only used to transmit long wave, medium
wave (including broadcast AM radio), and short wave radio signals. An antenna array,
consisting of multiple towers and their supporting mechanisms but functioning as a single
broadcast antenna, will be treated as a single tower where limitations on numbers of
towers exist in this ordinance.
10-32-6: TOWER CATEGORIES. In all cases, each land and/or building owner, whether
public or private, has the right to control the placement of, dictate acceptable characteristics of,
and limit the total number of towers and/or antennas on his, her, their, or its property, as long as
all provisions of this ordinance are met. The City Council reserves the right to impose stricter
requirements than those required for a specific tower type, if the characteristics of the specific
tower site warrant it.
(A) Type 1: mounted to a roof or side of a building, and:
1. Extending no greater than thirty-two feet (32’) above the highest point of the roof.
2. If guy wires are used, no guy wire may extend below the roof.
Page 6 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
3. No part of a roof mounted tower may extend beyond the side of the building, and no
part of a side mounted tower may extend greater than eighteen (18.0) inches
beyond the side of the building.
4. Nothing mounted on the tower may extend further than thirty-two feet (32’) above
the average height of the highest roof, nor greater than eighteen (18.0) inches
beyond the side of the building.
5. An antenna mounted directly to the side of a building or any other structure not
otherwise classified as a tower may not extend above the square or top of the side
of the building, nor more than eighteen (18.0) inches beyond the side of the
building.
6. Allowed in the R-3, R-3A, and all commercial, industrial and manufacturing zones.
(B) Type 2: a monopole designed to be consistent with other utility poles in the area or
designed as a separate pole to blend into the surrounding landscape and:
1. No greater than one-hundred and six feet (106’) high, measured from grade to the
top of the tower and anything mounted to the tower.
2. No greater than thirty (30.0) inches in width or in depth.
3. Nothing mounted on the tower, including but not limited to antennas, mounting
brackets, amps platforms, and transformers, may extend further than sixteen (16)
feet forty-eight (48) inches beyond the face of the tower, with the exception of
antennas strung between towers, supports for electric, telephone, cable TV, and
other lines defined as utility lines by City code, and those lights and flags specifically
allowed on the tower under items 10-32-6(B)4 and 10-32-6(B)5 of this ordinance.
4. Allowed in any zone in a one (1) acre or greater public park, in a playing field
located on a five (5) acre or greater property upon which no residence is located, or
in a public parking lot, with a light or lights attached to illuminate the public park,
playing field, or public parking lot.
5. When made to look like a flag pole, allowed in any zone except single family
residential zones, provided that:
(a) Excluding the land the tower itself is on, the tower is at least two hundred
(200.00) feet from the nearest single family zoned residential property line,
(b) The flag is flown daily as part of the operation of the related property activities.
(c) The flag is sized appropriately for the height of the pole.
6. Allowed behind and within one hundred fifty (150) feet twenty-five (25.00) feet of a
building, when located in any commercial zone.
7. Allowed anywhere on the property, when located in an industrial or manufacturing
zone (M-1, I&M-1, or I&M-2), unless prohibited by another section of this chapter.
Page 7 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
8. Allowed in any commercial or industrial zone adjacent to a public street, with a light
or lights attached to illuminate the street,
9. Allowed in any zone when located adjacent to an arterial with a light attached to
illuminate the arterial, or when located adjacent to an arterial, or at an intersection of
an arterial and any other street, with a traffic light attached.
(C) Type 3: Any tower which is in excess of the allowed height in the type 2 tower category or
cannot meet the minimum requirements of any of the other tower types. This category
would also include any tower whose height or location force it to be marked with FAA
standard colors and/or to use FAA mandated warning lights. Type 3 towers are subject to
the following:
1. Allowed in manufacturing and industrial zones (M-1, I&M-1 or I&M-2) or when
proposed outside an industrial or manufacturing zone, justification must be provided
for not using a type 1 or type 2 tower due to one or more of the following:
(a) City Council has requested a type 3 tower at a specific site.
(b) Height limitations:
i. For a type 1 tower, no building which would otherwise allow the antenna
to reach the desired coverage area is both available and tall enough to
get the antenna to the height required and still meet type 1 tower height
limitations; and
ii. Neither a type 1 or 2 tower would be tall enough; and
iii. For sound engineering reasons, the service provider's tower system
plan cannot be redesigned (including but not limited to using infill
towers) to accommodate a shorter tower height.
(c) Site availability:
i. No industrial or manufacturing sites are available which would allow the
antenna or disbursed sets of antennas to reach the desired coverage
area; and
ii. No other sites capable of accommodating type 1 or type 2 towers are
available which would allow the antenna or disbursed sets of antennas
to reach the desired coverage area.
2. Type 3 towers may not exceed one-hundred sixty-four feet (164’) in height,
measured from the ground at grade to the top of the tower and anything mounted on
the tower. If a greater height above average terrain is required, this must be
achieved by locating the tower on higher ground.
(D) Type 4: Any tower that exists at the time of adoption of this ordinance or that is annexed
into the City that does not meet all of the minimum requirements of the category types 1
through 3.
Page 8 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
Any type 4 tower that was built without a public hearing held under the City of Ammon
jurisdiction and that has not undergone a public hearing within the City of Ammon shall,
prior to the addition of co-location antennas be required to undergo a public hearing
following all requirements of a new tower as described in section 10-32-19 of this chapter.
10-32-7: SETBACKS. For setback purposes, tower height is measured from the ground at
grade to the highest point on both the tower and anything attached to the tower (including
lightning rods). All setbacks given in this section are in addition to those imposed by the zone in
which the tower is located. The City Council reserves the right to impose stricter setback
requirements, if the characteristics of the specific tower site warrant it.
(A) All tower types:
1. Due to its proximity to Fanning Field, Idaho Fall's airport, the Eastern Idaho
Regional Medical Center's life flight operations must use a special corridor along
Sunnyside Road to get into and out of the hospital. To protect this corridor, no
tower greater than seventy feet (70’) in height may be located within one thousand
three hundred twenty (1320) feet of Sunnyside Road's right of way, from that portion
of Sunnyside Road one thousand three hundred twenty (1320) feet east of Ammon
Road, to where it meets the City boundary at Hitt Road on the west.
(B) Type 2 towers:
1. For towers located adjacent to arterials, there are no setback requirements beyond
those imposed by the zone in which the tower is located.
2. Otherwise, the center-line of the tower must be horizontally set back at least one
(1.00) times the height of the tower from all R-2A, R-3, and R-3A properties and
two-hundred feet (200’) from any single family zoned properties within the City. This
requirement shall also be considered for all properties shown as residential on the
comprehensive plan map outside the City but within the City's impact area, or if
outside the City's impact area, zoned or designated as residential by the city or
county governing that property.
(C) Type 3 towers: excluding the property the tower itself sits on, the center-line of the tower
must be horizontally set back at least:
1. One (1.00) times the height of the tower from any arterial;
2. Four (4.00) times the height of the tower from all single family residentially zoned
properties within the City. This set back requirement shall also apply from all
properties designated as low density on the comprehensive plan map outside the
City but within the City's impact area, or if outside the City's impact area, zoned or
designated as low density residential by the city or county governing that property
(for the purpose of this requirement low density shall include any property zoned or
designated for a maximum density of four (4) living units per acre or less);
Page 9 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
3. Two (2.00) times the height of the tower from all R-2A zoned properties within the
City. This set back requirement shall also apply from all properties designated as
medium high density on the comprehensive plan map outside the City but within the
City's impact area, or if outside the City's impact area, zoned or designated a
density equivalent to that allowed by Ammon City Code in the R2-A zone;
4. One (1.00) times the height of the tower from all R-3, R-3A, and all commercial
zoned properties within the City. This set back requirement shall also apply from all
properties designated as commercial or high density on the comprehensive plan
map outside the City but within the City's impact area, or if outside the City's impact
area, zoned or designated as commercial or high density by the city or county
governing that property;
5. Except for the minimum setbacks required in the zone where the tower is located,
no minimum setbacks are required from M-1, I&M-1, or I&M-2 properties within the
City. This set back requirement shall also apply from properties designated as
industrial or manufacturing on the comprehensive plan map outside the City but
within the City's impact area, or if outside the City's impact area, zoned or
designated as industrial or manufacturing by the city or county governing that
property.
10-32-8: SEPARATIONS. For separation purposes, the separation distance is measured
from the center-line of one tower to the center-line of the next tower. The City reserves the right
to impose stricter separation requirements, if the characteristics of the specific tower site warrant
it.
(A) All placement of new towers within the City shall be at a minimum distance of six hundred
sixty (660) feet from any other tower, including towers that may be located outside the
City limits, except those classified in item (B);
(B) All new type 3 towers shall be separated at least one (1) mile from any other type 3
tower, including towers that may be located outside the City limits.
10-32-9: CO-LOCATION REQUIRED. Co-Location shall be considered and required as
follows:
Type 1 and 2 towers shall be assessed on a site by site basis by City Staff in regards to co-
location requirements. Staff shall make a recommendation to the Planning and Zoning
Commission in regards to requirements of co-location on Type 1 and 2 towers.
No new Type 3 tower shall be permitted unless the tower is designed and built to be able to
support multiple carriers whose co-located equipment would minimally be comparable in weight,
size and surface area with the facilities being applied for by the new tower applicant, unless the
applicant can show why not requiring co-location would reduce the number of towers required to
serve the City service area.
Page 10 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
No new tower shall be permitted unless the applicant provides evidence of attempting to install
or co-locate on existing towers within a one-half (½) mile radius of the proposed tower site.
Good faith efforts to negotiate co-location shall be evidenced by the following:
(F) Lack of existing towers or structures located within the geographic area required to meet
the applicant’s engineering requirements;
(G) Insufficiency of design of existing towers or structures to meet the applicant’s
engineering requirements;
(H) Insufficiency of existing towers or structures to support the proposed antenna and related
equipment;
(I) That the applicant’s proposed antenna would cause interference with the existing
antenna(s) on existing towers or structures, or the antenna(s) on the existing towers or
structures would cause interference with the applicant’s proposed antenna;
(J) The fees, costs of contractual provisions required by the owner in order to co-locate on
an existing tower or structure or to adapt an existing tower or structure for co-location are
unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
(K) The applicant shall provide the City with communications held with other tower owners
showing that all possible co-location has been attempted.
10-32-10: REQUIREMENTS OF CO-LOCATION: For co-location purposes, tower height is
defined as the distance from the ground at grade to the top of the tower, exclusive of anything
mounted on the tower. The City Council reserves the right to impose stricter co-location
requirements, if the characteristics of the specific tower site warrant it.
(A) Towers which support only the following types of antennas are excluded from co-location
requirements, although the owner is allowed to offer co-location if he, she, they, or it so
desires:
1. Antennas transmitting on frequencies below 30 MHz;
2. Antennas used exclusively for public safety or other governmental purposes;
3. Receive only antennas.
(B) All towers one-hundred six feet (106’) or greater in height must be able to accept antennas
mounted at varying heights, and must be able to support the following number of user
antennas; where each additional antenna is structurally comparable to the first user's
antenna(s):
1. For towers one-hundred six feet (106’) or greater in height, at least two users;
2. For towers one-hundred twenty three feet (123’) or greater in height, at least three
users;
Page 11 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
3. For towers one-hundred forty feet (140’) or greater in height, at least four users;
4. For towers one-hundred fifty five feet (155’) or greater in height, at least five users.
(C) In addition to the requirements given in the "Support Equipment Buildings" section of this
ordinance, the tower owner must own or lease sufficient land adjacent to the tower to
accommodate a single building big enough to hold all the support equipment (radios,
generators, etc.) for the total number of users mandated above. This building may initially
be sized to just hold the original tower user's equipment, and then added onto as
additional co-locators locate on the tower, but only one support equipment building is
allowed per tower. This does not preclude each co-locator's space in the support
equipment building from being totally isolated from all other users' space, nor does it
preclude separate outside doors to each space. The exterior of the entire building,
regardless of the number of occupants, must be of the same architecture, construction,
and materials throughout, to provide a uniform appearance.
(D) Tower owners' co-location fees shall not exceed what the Idaho market will bear. A
statement showing current rates charged within the Idaho market shall be submitted with
each new application for a tower.
(E) As a condition of being granted a conditional use permit, all tower owners whose towers
are required by this ordinance to be built with co-location capabilities agree to allow public
safety communication systems to co-locate on their towers.
(F) For any tower which this ordinance requires to be built with co-location capabilities, the
tower conditional use permit shall designate the maximum number of co-location
antennas that shall be allowed. The tower owner shall then provide the ability of co-
location to future users.
(G) Any tower approved by conditional use permit under this chapter shall provide the City one
(1) co-location space at no charge. This space shall be reserved for the City on such
tower, and may only be used by the City to support its internal operations.
10-32-11: APPEARANCE.
(A) All towers, antennas, and support equipment must conform to Federal Aviation
Administration (FAA) and other federal and state regulations regarding colors. Any portion
of any tower, antenna, or support equipment not regulated by FAA, federal, or state
regulations must be a color which:
1. For towers attached to buildings, the tower and everything attached to the tower
must be low contrast to the building as a whole;
2. For antennas attached directly to a building (for example, as a facade), the antenna
must blend in with and appear to be a part of the building;
3. For free standing towers, if there is a building within one hundred fifty (150) feet
twenty-five (25.00) feet of the tower (excluding the support equipment building), the
bottom part of the tower laterally across from the building and everything attached to
Page 12 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
the bottom part of the tower must be low contrast to the building as a whole, and if
the color of the building is changed such that the bottom part of the tower no longer
is low contrast to the building as a whole, then the color of the bottom part of the
tower must be changed to again become low contrast with the new building color,
preferably at the same time the building color is changed, but no later than thirty
(30) days after the building color changes;
4. For free standing towers, if there are no buildings within one hundred fifty (150) feet
twenty-five (25.00) feet of the tower except for the support equipment building, the
bottom part of the tower and everything attached to the bottom part of the tower
must be low contrast year round to surrounding vegetation and terrain;
5. The remaining (or upper) parts of the tower and everything attached to the
remaining (or upper) parts of the tower must be low contrast to the sky (both clear
and clouded), and this color need not be the same as used for other parts of the
tower;
6. Any type 2 tower not also used as a flag pole alternatively may be the same color as
a wooden utility pole, with the provision that everything attached to the tower must
be low contrast to either the tower or the surrounding environment;
7. All tower surfaces and finishes designed to corrode or weather to their final stage of
finish are prohibited;
8. The City Council reserves the right to require specific colors for any given tower,
and anything attached to it. This can include what paint or other colorant base to
use, how many coats to use, what pigment to use, and the percentage the color
may deviate from a specified pigment.
(B) All towers must conform to Federal Aviation Administration (FAA), Idaho Transportation
Department Division of Aeronautics, Federal Communications Commission (FCC), and
other federal and state regulations regarding warning lights and other lighting. When such
lights are present, both the light and any flashing or strobing effect must be minimally
visible from any part of the ground within visual range of the tower. Except for lights
illuminating public parks, playing fields, or public parking lots on type 2 towers, lights
illuminating public streets on type 3 towers, and traffic lights on type 3 towers, no other
lights are authorized on a tower, without specific permission from the City Council.
(C) Except for FAA tower designation signs, warning signs, equipment information signs,
owner and who to contact signs, and broadcast station call letters, the use of any portion
of a tower for signs is prohibited.
(D) No trash and no outdoor storage of any kind of material, including vehicles, is permitted on
the land used by the tower and support equipment building. If the tower is located in a
public parking lot, vehicles may use the public parking lot, but permanent parking of
vehicles is prohibited.
(E) All support equipment emitting any sound shall be located in the support equipment
building. The support equipment building shall use hospital graded or hospital zoned
mufflers. If none of the support equipment emits any sound, the requirement for these
Page 13 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
mufflers may be waved, but no sound emitting equipment may subsequently be introduced
until such time as these mufflers are in place.
(F) The City Council reserves the right to require towers, support equipment buildings, the
land containing the tower and its support equipment building, and/or anything connected
to the tower including antennas, to be concealed or camouflaged and may add items not
listed in this code on a case by case basis as required to maintain the tower property in
harmony with the surrounding area.
10-32-12: SUPPORT EQUIPMENT BUILDINGS.
(A) All equipment supporting type 1 towers must be located in the building upon which the
tower is mounted or installed in a building meeting all the design and setback
requirements of the existing zone, except for that equipment which can only be located on
the tower itself.
(B) Any addition made to an existing building in order to house support equipment must be
visually compatible with the existing building.
(C) Except for outdoor transformers and equipment which can only be mounted on the tower
itself, all support equipment (including generators) must be housed in a support equipment
building.
(D) When support equipment is housed in an independent support equipment building rather
than a main building, the support equipment building must be of a similar minimum
construction and appearance as other conforming auxiliary buildings in the zone and area.
All buildings used for support equipment on a tower must meet the current building code
as adopted by the City of Ammon.
(E) Support equipment buildings shall not be constructed of metal. Nor may a support
equipment cabinet be used instead of a building. The minimum acceptable building
material is cinder block, architectural brick, or a poured block with a brick appearance.
Roofs must use asphalt shingles, or alternatively must be a flat one piece membrane rated
to withstand Eastern Idaho snow loads.
(F) Rapid entry (KNOX) box systems shall be installed as required by the fire chief.
(G) A support equipment building may not be located in a utility easement.
(H) Support equipment buildings for towers located in public parks, playing fields, or public
parking lots shall:
1. Be a color which is low contrast year round to surrounding vegetation and terrain,
unless otherwise dictated by the public parks, playing fields, or public parking lot's
owner, or as specified by the City Council.
2. Be owned by the City or other entity owning the public park, playing field, or public
parking lot. (This ownership applies to the support equipment building only, not to
the tower.)
Page 14 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
3. Contain a separate room or rooms, accessed by separate outside doors, to provide
storage space and/or restroom facilities to the City or other entity owning the public
park, playing field, or public parking lot.
(I) Support equipment buildings for towers located behind or otherwise near a main building
shall either be a part of the main building itself, or shall be similar in appearance to the
main building.
(J) Support equipment buildings for towers located by a public street or at an intersection of
public streets shall be a color which is low contrast year round to the surrounding area.
(K) Support equipment buildings must conform with the sound control requirements specified
in the "Appearance" section of this ordinance.
(L) Support equipment buildings must conform with the additional requirements given in the
"Co-location" section of this ordinance.
10-32-13: INTERFERENCE AND EMISSIONS STANDARDS. All transmitting antennas and
devices must stay in compliance with FCC regulations governing electromagnetic interference
and radio frequency interference. In the event the City has reason to believe a tower or antenna
within the City is causing interference or emissions out of compliance with the FCC; the City
shall first notify the tower owner of the possible problem. The tower owner shall then be
responsible for testing to verify all emissions from the tower are in compliance with the FCC
regulations. In the event the tower owner fails to verify compliance within 90 days of notification
by the City; then the City shall take the necessary steps to verify compliance and the tower
owner shall then be responsible for all costs incurred including but not limited to attorney fees.
No renewal of a business license or conditional use permit shall be granted until such time as
required compliance letters are received by the City Clerk and all costs incurred by the City have
been paid in full.
10-32-14: SAFETY AND HEALTH. The tower owner bears full legal responsibility for any
harm the tower or its associated facilities may cause to any person, any property, or the
environment. The antenna owner bears full legal responsibility for any harm the antenna or its
associated facilities may cause to any person, any property, or the environment.
(A) Every tower shall be protected to discourage climbing of the tower by unauthorized
persons. Preferably, the tower design itself will discourage climbing. This may not be
achieved, however, by placing barbs or similar devices which would cause bodily harm on
or near the tower. In some cases the City Council may require a fence to secure a
specific site.
(B) Metal towers must be constructed of, or treated with, corrosive resistant material.
Wooden towers must be impregnated with rot resistant substances.
(C) The tower and associated facilities must be covered by liability insurance.
Page 15 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
(D) All towers, antennas, and signals transmitted from them must comply with current Federal
Aviation Administration (FAA) regulations, State of Idaho Code Title 21 Chapter 5, State of
Idaho Administrative Rule 39.04.02, Federal Communications Commission (FCC)
regulations, and all other regulations issued by federal and State of Idaho agencies
governing communications towers, antennas, and signals transmitted from them. For the
lifetime of the tower and each antenna, any new or changed federal or state regulation
governing it must be complied with within the time frame mandated by the new or changed
regulation, or if no time frame is provided, within six months of the new or modified
regulation's effective date. Failure to comply with federal and state regulations is in
violation of this ordinance and constitutes a misdemeanor, punishable as described in the
"Penalty" section of this ordinance.
10-32-15: MAINTENANCE. Under some circumstances the City may require an
inspection from an independent professional engineering firm certified in the State of Idaho
certifying:
(A) What damage (if any) was sustained by the tower since the previous inspection report,
and the repairs made to correct it;
(B) That the tower is free from rust, rot, pealing, flaking, blisters, and similar defects, and is
appropriately treated to remain so through the coming year.
(C) That the tower has been thoroughly inspected and the inspection verifies that the
structural integrity of the tower meets applicable standards.
10-32-16: BACKHAUL NETWORK. All providers of backhaul service for each antenna on the
tower must be identified to the City, and must hold a current franchise with the City.
10-32-17: NON-CONFORMING USE. Any permanent tower and any antenna mounted
thereon, which was legally established and in use at the effective date of this ordinance, which
does not meet the requirements of this ordinance (except it must still meet the business license,
interference, maintenance, backhaul networks, and most of the safety and health requirements),
and cannot be economically modified to meet the requirements of this ordinance, shall be
deemed to be a non-conforming use, and such non-conforming use may be continued
notwithstanding the fact that it may not comply with the provisions of this ordinance. No tower or
antenna which is in conformance with the provisions of this ordinance is allowed to come out of
conformance. Non-conforming uses are subject to the following requirements:
(A) All non-conforming tower owners must maintain a valid business license as required in the
business licensing section of the City code.
(B) Each service provider using the tower must be brought into conformance with the
backhaul network requirements of this ordinance.
(C) Any tower found to be out of compliance with the maintenance, and safety and health
provisions of this ordinance shall be brought into compliance prior to the issuance or
renewal of a business license.
Page 16 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
(D) Routine maintenance is permitted on non-conforming towers and antennas. However, a
non-conforming tower or antenna may not be structurally altered or replaced by another
tower which is different in use, physical dimensions, or location, without complying in all
respects with this ordinance.
(E) If the cost of repairing a damaged or destroyed non-conforming tower or its components to
its former use, physical dimensions, and location would be greater than the cost of a new
tower of like kind and quality, then the tower may not be repaired or restored except in full
compliance with this ordinance. Otherwise, a damaged or destroyed non-conforming
tower may be repaired and restored to its former use, location, and physical dimensions
upon obtaining a building permit therefore, and continue in its non-conforming state,
provided all other provisions of this ordinance, and all other applicable City ordinances and
building codes are met, and provided the building permit is obtained within sixty (60) days
from the date the tower was damaged or destroyed, and completion of repairs to or
replacement of the tower is completed within ninety (90) days of issuance of the building
permit. Otherwise the tower shall be deemed to be abandoned, and shall fall under the
provisions of the Abandoned Towers section of this ordinance.
10-32-18: ABANDONED TOWERS.
(A) In the event a tower contains no licensed antenna for a period of six (6) months the tower
shall be considered abandoned and all regulations governing abandoned towers shall
apply.
(B) At such time the tower owner plans to abandon or discontinue operation of a wireless
communication facility, the owner shall notify the City by first-class US mail of the
proposed date of abandonment or discontinuation of operations. Such notice shall be
given no less than thirty (30) days prior to abandonment or discontinuation of operations.
In the event that a tower owner fails to give such notice the tower shall be considered
abandoned on the date the City becomes aware of said abandonment.
(C) The tower owner shall remove the tower and all components of the tower use no later than
ninety (90) days after the date of abandonment or discontinuation, properly disposing of all
waste materials from the site in accordance with local and state solid waste disposal
regulation, and restore the location to its before use state, landscaping and grading
excepted. Removal shall include, but not be limited to, removal of antennas, support
structures, equipment enclosures and security barriers from the subject property.
(D) If a tower owner fails to remove the wireless communication facility in accordance with this
section, the City may cause the facility to be removed and all expenses of removal,
disposal and restoration shall be paid by the current owner of record of the property where
the facility is located. In the event the City is required to take this step a property lien shall
be placed on the property until such time as the property owner satisfies all costs incurred
by the City including any attorney fees related to the abandonment of the facility.
Page 17 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
10-32-19: CONDITIONAL USE PERMIT REQUIRED: No new tower shall be allowed within
the City without a conditional use permit. Conditional use permit applications shall follow the
procedure in place for public hearings at the time of the request with the following additions:
(A) At the public hearing a determination shall be made to the number of co-location antennas
that shall be required on any permitted tower.
(B) For a type 3 tower, starting three calendar days prior to the Planning and Zoning public
hearing, continuing through the day of the Planning and Zoning meeting; the applicant will
float a balloon of the standard size used in aerial line of site surveys, such that the top of
the balloon is at the same height as the highest point of the proposed tower, including any
item that may be attached to the tower (lightning rod, etc.). This balloon shall be removed
each night and replaced each morning no later than 8:00 AM on each day required.
Notice shall be visibly posted at the site, and all public notices announcing the public
hearing for the tower will include language explaining the balloon placement dates and
times. The Planning and Zoning Commission shall make a recommendation in regards to
the requested site location, number of antennas to be allowed and any additional
requirements of the conditional use permit to the City Council.
(C) Each application for a tower conditional use permit shall contain the following items:
1. The name and contact information for the current owner of record for the
property.
2. A notarized copy of the current lease with the property owner of record at the time
the submission is made.
3. A map showing the location and noting the height, design, and if applicable, type
of all existing towers, and all approved but not yet constructed towers, both in and
within one mile of the City of Ammon and its impact area, and must also show on
this map which of these towers are or will be used by the applicant, and where
the applicant proposes to locate any new towers. The City of Ammon will provide
to the applicant, the location of approved but not yet constructed towers.
4. A statement indicating the number of co-located antennas that can be supported
as part of the tower conditional use permit.
5. A statement of the current Idaho market rate for co-location fees.
6. A site plan showing the location of the tower in relation to setbacks as required by
this ordinance. This site plan shall contain the placement of the required support
equipment building. The site must provide enough area to meet the requirements
for the size of building required for the maximum number of co-located antennas
identified in item 4 above.
7. If the conditional use is approved, a business license must be applied for prior to
the issuance of the conditional use permit.
(D) No decision made by the City may:
Page 18 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
1. Prohibit or have the effect of prohibiting the provision of a particular type of
wireless service;
2. Unreasonably discriminate among wireless service providers competing with one
another;
3. Deny a request or impose any provisions which would require stricter emission
standards than those imposed by the FCC.
(E) If substantial construction of a tower facility has not begun within six (6) months of
issuance of the conditional use permit, the conditional use permit becomes null and void.
(F) When a Conditional Use Permit is granted, the continuation of that permit is conditioned
on compliance with all terms of this chapter as well as any requirements set forth by the
City Code in other Titles of the City Code included but not limited to business licensing.
Failure to comply with City Code requirements may result in the termination of a
conditional use permit requiring removal of the tower as set forth in section 10-32-18 of
this chapter.
10-32-20: BUSINESS LICENSE. All towers must be licensed annually meeting the
requirements of the business licensing section of the City Code. At the time of business license
renewal there shall be a staff review of the renewal application. Staff shall consider the current
condition and maintenance of the tower and tower site. The renewal of both the conditional use
permit and business license shall be approved only after maintenance or repair items have been
completed as required by staff. An appeal of the City Staff determination shall be directed to the
City Council within a reasonable timeframe after receipt in writing of a request for appeal. The
following items shall be submitted on an annual basis with the business license renewal
application:
(A) The name of the current owner of the tower.
(B) The name of a contact person designated by the tower owner to address issues in regards
to the tower.
(C) The name and contact information of all antenna owners located on the tower.
(D) Current FCC licensing documents extending to a period no less than the expiration date of
the business license being requested for renewal.
(E) Certificate of insurance of liability showing coverage for the tower and all its associated
facilities.
(F) The name and contact information of all backhaul networks serving the tower.
(G) The name and contact information of the current property owner of record of the site that
the tower is located on.
10-32-21: BUSINESS LICENSE FEES. The fees for towers and antennas shall be
Page 19 of 19 COMMUNICATION TOWERS AND ANTENNAS REVISED 7-2-09
established by resolution of the City Council, which may be amended and modified from time to
time by resolution.
(A) Business license tower and antenna fees shall be paid by the tower owner on an annual
basis.
(B) Fees must be paid annually prior to the expiration of the current business license.
(C) New tower and antenna fees must be paid prior to or at the time of application for a
building permit for construction of a tower or antenna.
10-32-22: PROPERTY OWNER RESPONSIBLE: It shall be the responsibility of the
property owner of record of any tower site within the City of Ammon to maintain a current contact
with the tower owner. In event of default by the tower owner for business license fees the
current property owner of record shall be billed. In the event of non-payment the FCC shall be
notified that the current tower/antenna(s) are out of compliance with the City of Ammon licensing
procedures and a request for non-renewal of the FCC license to operate shall be sent to the
FCC.
10-32-23: PENALTY. Any violation of the provisions of this chapter shall be deemed to be a
misdemeanor subject to penalties prescribed for such violations under section 1-4-1 of this code.
33-1 04/01/04
CHAPTER 33
RE RESIDENCE ESTATE ZONE
SECTION:
10-33-1: General Objectives and Characteristics of Zone
10-33-2: Use Requirements
10-33-3: Area Requirements
10-33-4: Width Requirements
10-33-5: Location of Buildings, Structures, and Animal Areas and Enclosures
10-33-6: Height of Buildings
10-33-7: Size of Buildings
10-33-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the RE Residence Estate Zone is to encourage the creation and maintenance of
residential areas in the City for single family residential use, with spacious landscaping surrounding
the residence or other main building occupied by humans, and lots sufficiently large to permit the
limited keeping of animals. This zone shall be granted in lieu of the overlay zone for the keeping of
animals. No single lot, regardless of the status of platting in the RE Residence Zone shall contain
more than one living unit, except as specifically allowed by this Title of the City code. This zone falls
under the low density designation, with a lot size requirement of one (1) unit per acre.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of the zone, the following regulations shall apply in the RE Residence Estate Zone
(see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, and §10-29 Subdivision Regulations).
10-33-2: USE REQUIREMENTS: The following uses shall be permitted in the RE Residence
Estate Zone:
(A) Any use permitted in the RP Residence Park Zone, RP-A Residence Zone, and R-1
Residence Zone.
(B) Any use permitted by Section 5-3-8, Keeping or Maintaining Animals.
(C) Pasturage is allowed on any part of the lot outside of the landscaping area surrounding
the dwelling or other main building occupied by humans.
(D) Feeding, resting, or loafing areas, and pens, corrals, runs, or other open air animal,
livestock, or fowl enclosures more restrictive in nature than a pasture, and barns, stables,
coops, sheds, or other buildings for animals, livestock and/or fowl.
(E) No animal, livestock, or fowl may be fed, maintained, pastured, or kept in or on any part
of the landscaped area surrounding the dwelling or other main building occupied by
humans.
33-2 04/01/04
(F) Guest Houses (as allowed in section 10-13-2-(F).
10-33-3: AREA REQUIREMENTS:
(A) A lot with an area of not less than one (1) acre (forty-three thousand five hundred sixty
[43,560] square feet) shall be provided and maintained for each one family-dwelling or other
main building and uses accessory thereto. No lot may be less than one (1) acre.
(B) An area of not less than twelve thousand five hundred (12,500) square feet, or 20,000
square feet for lots containing a guest house, shall be used for the dwelling or other main
building occupied by humans, and for landscaping surrounding the dwelling or other main
building. The landscaping surrounding the dwelling or other main building occupied by
humans shall minimally include the minimum required front yard, minimum required side
yards, and minimum required rear yard.
10-33-4: WIDTH REQUIREMENTS: Any building site for a dwelling or other main building
must be wholly contained on one or more whole lots. The minimum width for any lot shall be one
hundred twenty-five (125) feet.
10-33-5: LOCATION OF BUILDINGS, STRUCTURES, AND ANIMAL AREAS AND
ENCLOSURES: All buildings and structures, all feeding, resting, or loafing areas, and all pens,
corrals, runs, or other open air animal, livestock, or fowl enclosures more restrictive in nature than a
pasture, shall meet the most restrictive combination of the following:
(A) SETBACK: A minimum distance of fifty (50) feet from any public street or from any
granted easement of access, except as herein provided and required under the
provisions of this ordinance. No auxiliary building shall be located closer to the street (or
granted easement of vehicular access) fronted by the main building, than the distance of
the main building to the street (or granted easement of vehicular access).
(B) FRONT YARD: There shall be a front yard of not less than fifty (50) feet.
(C) SIDE YARDS: There shall be a side yard on each side of any building or structure, any
feeding, resting, or loafing area, and any pen, corral, run, or other open air animal, livestock,
or fowl enclosure more restrictive in nature than a pasture, of not less than twenty (20) feet.
Side yard requirements for accessory buildings shall be the same as for main buildings, except that
no side yard shall be required for accessory buildings not occupied by animals which are located
more than twelve (12) feet in the rear of the main building, provided that the auxiliary building's drip
line remains within the property.
1. Side yard requirements for accessory buildings shall be the same as for main
buildings, except those subject to §10-33-5(A). Any accessory building placed in
the calculated side yard of the main building shall maintain the side yard
requirements of the zone in which it is in. The distance between the main
building and the accessory building shall be subject to the requirements in the
33-3 04/01/04
most recently adopted version of the International Building Code or International
Residential Code as they may apply.
2. No side yard shall be required for accessory buildings which are located more
than twelve (12) feet in the rear of the main building (calculated from the furthest
point of extension of any part of the foundation), provided that the auxiliary
building's drip line remains within the property.
(D) REAR YARD. There shall be a rear yard behind any main building, and between the rear
property line and any building or structure, feeding, resting, or loafing area, and any pen,
corral, run, or other open air animal, livestock, or fowl enclosure more restrictive in nature
than a pasture, of not less than twenty-five (25) feet. For accessory buildings not occupied
by animals, no rear yard shall be required, provided that the auxiliary building's drip line
remains within the property, except where an alley is located at the rear of a lot, in which
case a three (3) foot rear yard is required.
10-33-6: HEIGHT OF BUILDINGS: Maximum building height is subject to the Fire
Department’s ability to provide adequate fire protection. No buildings shall be erected to a height of
greater than thirty (30) feet. Roofs above the square of the building, chimneys, flag poles, television
antennas and similar structures not for human occupancy are excluded in determining height. In
addition to International Building Code requirements, any building where the eaves of the roof, or for
roofs without eaves the top of the building walls, is greater than twenty-five (25) feet above the
average natural grade of the land, must be reviewed by the Fire Marshall, and approved by City
Council.
10-33-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any one-family
dwelling shall be not less than one thousand five hundred (1,500) square feet, excluding garage
space and open porches and carports. For dwellings containing more than one story above grade,
the floor space of the first story above grade may be reduced below this level provided the total floor
area of all stories located above grade is not less than two thousand six hundred (2,600) square
feet. (Only those stories which are more than fifty percent (50%) above grade shall be considered to
be above grade. See §10-2 for the definition of "grade".) For other buildings, there shall be no
minimum floor area requirements.
34-1 ADOPTED 9-3-2008
CHAPTER 34
SIGN CODE
SECTION:
10-34-1: Purpose
10-34-2: Enforcement
10-34-3: Sign Permit Required
10-34-4: Noise Signs Prohibited
10-34-5: Non-Conforming Signs
10-34-6: Signs on Public Property
10-34-7: Sign on Private Property
10-34-8: Setback for Signs
10-34-9: Sign Height
10-34-10: Exempt Signs
10-34-11: Prohibited Signs
10-34-12: Billboard Signs
10-34-1: PURPOSE: The City of Ammon has determined that it is necessary to regulate
the placement, construction, type and location of signs within the city limits of Ammon. By this
regulation code the City shall limit and/or reduce the visual clutter along City streets, to protect
the appearance, property values, the driving public and health and safety of the City and its
residents.
10-34-2: ENFORCEMENT: The Building Department and the Planning Department shall
be responsible for enforcement and administration of the sign code. The City Enforcement
Officer shall be responsible for enforcement of the sign code. A permit review will be
conducted by the Planning Department for all application for sign permits, which shall include
review of setbacks and placement. The Building Department shall review construction plans
and inspect for correct setbacks and placement.
10-34-3: SIGN PERMIT REQUIRED: A sign permit shall be purchased from the City for
any sign to be erected, constructed or altered except as provided for by this Code. All signs
shall meet the requirements of the zone in which they are being placed. Any sign constructed
without a permit after the enactment date of this ordinance code shall be removed at the
property owner’s expense unless an application for a sign permit is submitted and the
application is found to be in compliance with this code. Any sign constructed without a permit
after the enactment date of this ordinance code that is found to be out of compliance shall be
removed at the property owner’s expense or brought into compliance.
10-34-4: NOISE SIGNS PROHIBITED: No sign shall be permitted in the City of Ammon
that uses any radio, amplifier or any other sound transmitting device for the purpose of
advertising.
10-34-5: NON-CONFORMING SIGNS: Any permanent sign in existence on the
enactment date of this Code that does not conform to the provisions of the Code but that was
constructed prior to the enactment date and was in conformity with provisions existing at the
time of construction shall be regarded as non-conforming and may be continued from the
effective date of this Code. Any such non-conforming sign shall not be structurally altered,
34-2 ADOPTED 9-3-2008
relocated or replaced without being brought into compliance with the provisions of this Code.
Further, any change in zone shall be permitted only in those circumstances where the sign
meets the requested new zone.
10-34-6: SIGNS ON PUBLIC PROPERTY: SIGNS IN PUBLIC RIGHTS OF WAY: No
sign of any kind shall be erected within the public right of way, unless specifically authorized by
this chapter. Any sign that may be authorized to be placed within the right of way as part of this
chapter shall not be placed in such a manner as to obstruct free and clear vision of users of the
right of way, or have colors or patterns which interfere, obscure or conflict with any authorized
traffic sign, signal or traffic control device.
(A) It shall be unlawful for any person to fasten or attach, paint or place any sign, handbill,
poster advertisement or notice of any kind upon any lamp post, telephone, power or other
utility pole, fire hydrant, bridge, street, curb, gutter, swale, sidewalk or landscaping within
the or otherwise on the property of the City of Ammon.
1. “Right of way area”, which for the purposes of this chapter, shall be defined as follows:
Improved or unimproved public property owned by, dedicated to, or deeded to, the
public or for the public’s use, or future public property planned for future public use, for
the purpose of providing vehicular, pedestrian and other public use and includes the
land between the right of way lines whether improved or unimproved and comprises the
following, at a minimum: pavement, shoulders, curbs, gutters, sidewalks, parking areas,
lawns and ground located between the curb and detached sidewalks.
2. Any sign, in any zoning district, placed illegally within a public right of way or site
triangle area, (as described in section 10-5-8) is subject to immediate removal and
disposal by city staff without notification. Signs removed by a City Agent shall be held
by the Enforcement Officer for sixty (60) days from the date of removal. After that time
the Enforcement Officer shall be authorized to destroy the sign in the best manner
possible.
10-34-7: SIGNS ON PRIVATE PROPERTY: No sign shall be placed on private property
without the permission of the owner of the property.
10-34-8: SETBACKS FOR SIGNS IN THE REQUIRED LANDSCAPING OF COMMERCIAL
DEVELOPMENTS:
(A) A sign placed in a required thirty (30.0) foot landscape strip shall be placed so
that the sign edge and post closest to the property line shall be setback a
minimum of fifteen (15.0) feet from the property line.
(B) A sign placed in a required (or grandfathered) fifteen (15.0) foot landscape strip
which has an existing sidewalk as part of the road right of way, shall be placed
so that the sign edge or post closest to the property line shall be setback a
minimum of seven and one half (7-1/2) feet from the property line.
(C) Placement of a sign in a required (or grandfathered) fifteen (15.0) foot
landscape strip which does not have an existing sidewalk as part of the road
right of way shall be setback a minimum of twelve and one half (12-1/2) feet
from the property line.
34-3 ADOPTED 9-3-2008
(D) No sign shall be installed closer than a minimum distance of seven and one-half
(7-1/2) feet from the property line or twelve and one-half (12-1/2) feet from the
edge of the road pavement, whichever is greater.
(E) The triangle of land formed on any corner lot by locating the first point of the
triangle where the two lot lines would intersect if each continued straight instead
of curving around the corner, with the other two points located on each lot line at
a distance of thirty (30.0) feet from said intersection shall be free from signs or
sign structures, except as otherwise permitted in this code ordinance. (See 10-
5-8)
10-34-9: SIGN HEIGHTS:
(A) No sign attached to a pole shall be lower than seven (7) feet above the ground.
(B) No sign shall exceed a total height of fifty (50) feet above the adjacent grade.
(C) Signs less than fifteen (15) feet from any lot line adjacent to a public or semi-
public street or vehicular easement can be no greater than three (3) feet in
height.
10-34-10: EXEMPT SIGNS: The following signs shall be exempt from the sign permit
requirement. Garage/Yard sale, political, real estate, A frame Temporary/portable signs, signs
less than two hundred and twenty (220) square inches mounted on buildings, signs erected in
the public right of way by a public agency, however all signs above three (3) feet in height from
ground level, and all pole signs where any part of the sign is less than seven (7) feet above
ground level, must meet the setback requirements within this code. As the person responsible
for enforcement of this code, the Enforcement Officer Zoning Administrator shall be
responsible for the enforcement of this code section and may remove such signs without
notification to the sign owners.
10-34-11: PROHIBITED SIGNS: The following signs shall be prohibited within the City of
Ammon:
(A) Animated signs (Electronic message boards that display text only shall not be
construed to be an animated sign).
(B) Flashing Signs
(A) Advertising signs on vehicles, such as parked trucks or trailers, on private or public
property, visible from a public street, which has attached thereto or located thereon any sign or
advertising device for the basic purpose of directing attention to products or business activity,
sold on or off the premises upon which such vehicle is located, except those permanent signs
on commercial vehicles regularly used in the normal course of the business.
(B) Flashing, or animated signs. (Flat screen electronic message boards displaying static or
moving text and/or graphics shall not be construed to be an animated sign).
(C) Unless specifically authorized by this chapter no off premise sign shall be allowed within
the City.
10-34-12: BILLBOARD SIGNS: It is the purpose and intent of this section to limit/cap the
number of billboards to the total number of currently existing and/or approved billboards. This
34-4 ADOPTED 9-3-2008
section further provides for the reasonable regulation of billboards with the intent of limiting
negative impacts, provide for future planning, enhancing the aesthetics of existing billboards
and implementing goals and policies promoting safety, the protection of property values,
aesthetics and views and vistas that enhance the City. NOTE: For the purpose of this code
ordinance a billboard shall be defined as follows: A business sign which directs the attention of
the public to a business, activity or product sold or offered at a location not on the same
premises where such business sign is located.
Signs which are located within a development platted and/or master planned and combine
businesses located in said development would not apply to the billboard definition. Signs
which combine businesses located within a development platted and/or master planned as one
development would not apply to the billboard definition.
(A) The number of billboards allowed in the City shall be limited to the number of
billboards (four [4]) that existed or were approved in the city as of September 3,
2008.
(B) In recognizing that as of August 21, 2008, there existed four (4) existing or
approved billboards within the City, said billboards shall be grandfathered. Prior
to the passage of this section ordinance billboards were allowed within the City
of Ammon with a conditional use permit, beginning in the HC-1 zone within the
area of properties fronting on Hitt Road/S 25th
East, beginning at Lincoln Road
and ending at Township Road. All placement of billboards were required to
follow the following setback and landscaping regulations which shall continue to
remain in effect for all grandfathered billboards:
1. There shall be a minimum of seven hundred fifty (750) feet between
all billboards
2. Each billboard shall be setback a minimum distance of thirty (30) feet
from any public street right of way or from any granted easement of
access, except as herein provided and required under the provisions
of this section ordinance.
3. Each billboard shall be landscaped with the following requirements:
a. There shall be landscaping installed and maintained in front of
and behind the billboard a distance of no less than the width of
the billboard. IE if a billboard is 24’ in width there shall be
landscaping installed 24’ in front of the billboard and 24’ in back
of the billboard for a total landscape area of 54’ X 48’.
b. Said landscaping shall be harmonious with the
adjacent/surrounding area. In the case of a lot that has no
development adjacent/surrounding the billboard the natural
landscaping shall be considered harmonious until such time as
the adjacent/surrounding area is developed. At that time the
billboard, as a condition of the conditional use permit, shall then
be landscaped to be harmonious with the adjacent/surrounding
property landscaping.
c. Any billboard existing as of the effective date of this section
ordinance not in compliance with this section ordinance shall be
grandfathered until such time the property has a final plat
34-5 ADOPTED 9-3-2008
approval. At that time the billboard shall be brought into
compliance with this section ordinance or shall be removed.
(C) Additional regulations on existing/approved billboards:
1. No increase in size of any existing/approved billboard shall be allowed.
2. No conversion to message changing or electronic message billboard
shall be allowed.
3. Repair or Reconstruction of Billboards: Should any billboard be
damaged by acts of God, weather, unintentional harm or negligence or
should any billboard deteriorate due to failure to properly maintain or
ordinary wear and tear, said billboard to the point that the cost of repair
is greater than fifty (50) percent of its current fair market value, the City
shall not grant any permits for the repair or reconstruction of the sign.
Repair shall be only the maintenance of the existing structure not the
replacement of any structural component. This prohibition does not
apply to signs damaged by vandalism or other criminal acts.
a. No increase in height for any repaired or reconstructed billboard
shall be allowed.
b. No change of lighting which shall increase the lighting from the
previously existing lighting on a repaired or reconstructed
billboard shall be allowed.
4. Lighting: No Lighting shall be allowed between the hours of 11PM and
6AM; said lighting shall not contain a fixture(s) with bulbs brighter than a
single 250 watt halogen bulb on each side. Lighting shall be confined to
the sign face and shall not illuminate the night sky.
5. No modification of an existing billboard other than the normal upkeep
and maintenance and advertising changes shall be allowed, including
but not limited to items C-3-a and b above.
10-34-13: TEMPORARY/PORTABLE SIGNS: For the purpose of this code a portable
sign shall be defined as any sign not permanently attached to a permanent structure.
Requirements and regulations for temporary signs apply to all zones within the city. Temporary
signs shall be regulated as follows:
(A) Types: Temporary signs shall be limited to the following: Banners, portable signs,
A-frame signs, inflatable signs, and wind driven signs, excluding real estate,
garage/yard sale and political signs addressed separately within this chapter.
(B) Civic, Service, and/or Registered Non-Profit Organization: Temporary signs advertising
events sponsored by tax exempt civic, and/or registered non-profit organizations may
be permitted to place offsite advertising for events to be held within the City of Ammon.
Permit must be obtained at least ten (10) days prior to any event. No permit will be
issued for requests not submitted within the required time frame. Signs permitted by
this section shall be placed only on property with the property owner permission. Signs
34-6 ADOPTED 9-3-2008
permitted must be removed within three (3) days after the event or the permitee may be
held responsible for the cost of removal and denial of future permit applications.
1. A permit may be issued after a complete application has been received and
processed by the City Clerk’s office on a form approved by the City Clerk.
2. There shall be no charge for said permit.
3. A copy of the applicant’s non-profit federal EIN number shall be submitted with
the application.
(C) Illumination: Temporary signs shall not be illuminated.
(D) Height: All signs above three (3) feet in height from ground level must meet the
setback requirements within this code pertaining clear view of intersecting streets and
ways, section 10-5-8 of this code.
(E) Right Of Way Areas: Temporary signs are not allowed in any right of way area and are
subject to removal and disposal by city staff.
(F) Banner signs shall comply with the following provisions in addition to all other provisions
for temporary signs:
1. Banner signs must be maintained in a neat, clean, repaired condition.
2. Banner signs that are tattered, torn or in disrepair or allowed to blow freely shall
not be allowed under any circumstances and shall be removed immediately.
(H) Temporary Sign Placement:
1. Temporary signs shall be placed on the property of the business which is being
advertised. No temporary sign as defined in this section shall be permitted to be
placed off premise.
2. Temporary signs shall not be placed at locations which impede the vision or
travel of vehicular traffic or pedestrian traffic (See section 10-5-8 of the City
Code).
3. Any temporary sign placed illegally may be removed by city staff without
notification.
(I) Removal of Temporary/Portable Signs: At the time of removal of any temporary or
portable sign all devices and equipment used to fasten or position the sign in place
shall be removed. This shall include but not be limited to posts and holders located
above grade.
10-34-14: POLITICAL SIGNS: Political signs shall comply with the following regulations
as well as any State of Idaho code on election signs:
(A) Election signs are not permitted within a public right of way.
EXCEPTIONS:
1. Areas within residential zones where placement is in the area
between the curb or swale area and a detached sidewalk with
permission of homeowner and sign is no taller than 3 feet.
34-7 ADOPTED 9-3-2008
(B) All signs must comply with section 10-5-8 clear view of intersection streets and
section 10-7-10 fences of the City Code.
(C) Election signs shall be posted no more than sixty (60) days prior to an election
and removed within (10) days following Election Day.
(D) Prior to placement of any political signage on any private property, permission
from the private property owner shall be obtained.
(E) Unlighted temporary signs promoting any candidate for public office or measure
on the ballot are permitted in any zone.
(F) In areas that have no curb, sidewalk or designated swale area, election signs
shall be set back a minimum of fifteen (15) feet from the edge of road asphalt.
10-34-15: GARAGE / YARD SALE SIGNS: Garage/yard sale signs shall not be posted
earlier than noon the day before the sale and must be taken down by noon the day after.
(A) Signs shall not be posted in the public right of ways or on utility poles, street
sign poles, traffic control poles or on any other object located within the right of
way.
(B) Garage/Yard Sale signs may be placed on private property but must have
consent from property owner and shall be removed no later than one (1) day
after the sale ends.
(C) Signs must have address and date of sale affixed to it.
(D) The maximum size of the sign is 18” X 24” and the top of the sign must be no
more than three (3.0) feet above ground level.
10-34-16: REAL ESTATE SIGNS: Requirements for real estate signage apply to all
zones within the city.
(A) Real estate signs advertise property and/or buildings on property that are
for sale, lease, rent or trade.
(B) Real estate signs are exempt from the permit requirement.
(C) Except as may be permitted by this section, real estate signs must be located
on the lot or building that is for sale, lease or rent and must be placed
completely on or within the property being advertised.
(D) A real estate sign advertising an open house or home show may be placed
within the requirements of this chapter for a maximum of three (3) days.
(E) Real estate signs may remain on the property until a final transaction for the
ownership or lease agreement has been completed, at which time all real estate
signage must be removed.
(F) One real estate sign is allowed per street frontage.
34-8 ADOPTED 9-3-2008
(G) Except as permitted by this section, real estate signs are prohibited from being
placed:
1. On any site or property other than what is being sold, leased, rented
or traded.
2. In any right of way or right of way area.
EXCEPTIONS:
a. Areas within residential zones where placement is within
the area between the curb or swale area and a detached
sidewalk with permission of homeowner and sign is no
taller than 3 .0 feet.
b. Real estate signs advertising for an open house within a
residential zone shall be allowed for a maximum of three
days. Placement shall be allowed only at the entrance of
the subdivision that the house is located in. Sign shall be
a minimum of fifteen (15.0 ) feet from edge of asphalt. No
sign shall be taller than three (3.0) feet.
3. On any other object located in the right of way area.
4. On utility poles and street or traffic poles.
(H) A developed or developing subdivision is permitted one (1) real estate sign per
street frontage in the street landscape buffer area/common lot to advertise the
subdivision or development as a whole. The sign size shall not exceed a total of
forty (40) square feet.
10-34-17: ADVERTISING SIGNS IN RESIDENTIAL ZONES: Signs advertising an
allowed and licensed home occupation within a residential zone and on the property of the
allowed home occupation shall not exceed the size allowed in the Home Occupation Licensing
Chapter of the City Code 4-13-9-(E).
10-34-18: DEVELOPMENT IDENTIFICATION SIGNS: A residential development
shall be allowed entrance signs showing the name of the development within private property.
Signs must be placed within a lot dedicated for the sign or within a sign easement. All
permanent signs shall comply with the requirements of this chapter and shall be required to
obtain a permit and comply with all requirements of the adopted building codes.
10-34-19: COMMERCIAL DEVELOPMENT SIGNS: All development of commercial
property within the City shall provide for at least one sign along the adjacent arterial roadway(s)
that lists the names and/or logos of the businesses located within the development.
No commercial/professional business located within the interior of a development shall be
allowed to place a sign off the immediate site that the business is located other than the sign(s)
listing the businesses within the development. Developments, buildings and businesses that
are located and have legal ownership of the property directly adjacent to the required
landscaping strips along the frontage of an arterial shall be allowed to place a sign in the
landscape strip providing all setbacks and requirements of this chapter have been met.
34-9 ADOPTED 9-3-2008
No commercial development/lot with less than one hundred fifty (150) feet of frontage on an
adjacent roadway shall be permitted to install more than one sign on or adjacent to the
frontage of the roadway.
All required signs used for identification of businesses within a development where title is not
held by the development within an association, shall be required to be placed in a permanent
sign easement on the property.
10-34-20: ELECTRONIC MESSAGE SIGNS:
A. Each message on the sign must be displayed for a minimum of four (4)
seconds.
B. Each message transition must be accomplished within 0.5 seconds.
C. Each electronic message center shall be equipped with a photocell dimmer to
automatically dim with changes in ambient light. When requesting a permit for
an electronic message center, the applicant shall submit documentation
certifying the sign is equipped with a photocell dimmer and the dimmer shall be
used at all times the sign is in operation.
10-34-21: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter
shall be deemed an infraction and shall be subject to penalties prescribed for such violations
under section 1-4-2 of this code. Each day such violation continues, shall be a separate
violation, which shall be deemed as a separate infraction and a citation may be issued
therefore. Violations shall be assessed on a per violation per day basis.