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Chapter 37
ZONING1Art. I. In General, §§ 37-1 – 37-3
Art. II. Basic Provisions, §§ 37-4 – 37-10
Art. III. Use Zones, §§ 37-11 – 37-122
Art. IV. Supplementary Regulations, §§ 37-123 – 37-132
Art. V. Floodplain Management, §§ 37-133 – 37-139
Art. VI. Home Occupations, §§ 37-140 – 37-144
Art. VII. Off-Street Parking and Loading, §§ 37-145 – 37-155
Art. VIII. Exceptions, §§ 37-156 – 37-159.1
Art. IX. Conditional Uses, §§ 37-160 – 37-165
Art. X. Nonconforming Uses, §§ 37-166 – 37-172
Art. XI. Variances, §§ 37-173 – 37-177
Art. XII. Amendments, §§ 37-178 – 37-180
Art. XIII. Administrative Procedure, §§ 37-181 – 37-192
Art. XIV. Remedies, §§ 37-193 – 37-194
Art. XV. Livestock and Pasture Standards, §§ 37-195 – 37-198
Art. XVI. Inoperable Vehicle Storage, §§ 37-205 – 37-208
ARTICLE I. IN GENERAL
Sec. 37-1. Title.
This chapter shall be known as the Zoning Ordinance of the City of Lewiston. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-2. Purpose.
The purpose of this chapter is to promote the orderly development of the city according to a comprehensive plan; to conserve and stabilize the value of property; and otherwise to promote the public health, safety, and general welfare. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-3. Definitions.
As used in this chapter:
Accessory use means a structure or use incidental and clearly subordinate to the established principal use of a property and located on the same lot as the main use. Accessory uses on a lot may be allowed only where the principal use of the property complies with the zoning requirements set forth in this chapter.
Adult bookstore means a structure, building or place or portion thereof wherein there is sold, conveyed, transferred, distributed, or stored any of the following:
(1) Any books, magazines, newspapers, drawings, or other printed or written matter or materials which depict or describe representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or masturbation, excretory functions or lewd exhibition of the genitals or genital area.
(2) Any pictures, drawings, photographs, films, motion pictures, videotapes, or other pictorial representations which depict or describe patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated or which depict or describe masturbation, excretory functions or lewd exhibition of the genitals or genital area.
Provided, however, that no item which contains matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included within the items described in subsection (1) or subsection (2) hereinabove.
Adult entertainment facility means any structure, building, or place, or any portion thereof, wherein there is any live performance, exhibition, showing or display which depicts or describes ultimate sexual acts, normal or perverted, actual or simulated, or which depicts or describes masturbation or excretory functions or in which the genitals or the genital area is exposed; provided, however, that no exhibition, showing or display which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included within the definition contained in this paragraph.
Adult theater means a structure, building or place, or any portion thereof, wherein there is shown, exhibited or displayed any motion pictures, videotapes, films, pictures, photographs, or other pictorial representations which depict or describe patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or which depict or describe masturbation, excretory functions or lewd exhibition of the genitals or genital area; provided, however, that no item which contains matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included as an item listed hereinabove in this definition.
Affected person means one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development.
Alley means a street which affords only a secondary means of access to the property and is not intended for general traffic circulation.
Alternative telecommunications tower means a telecommunications tower designed and constructed to camouflage or conceal the presence of antennas or towers. The appearance of alternative telecommunications towers shall be limited to:
(1) An unadorned single pole not more than three (3) feet in diameter along its entire length;
(2) A lighting pole such as those usually and customarily used for municipal or parking lot lighting;
(3) Any antenna attached to a pre-existing structure.
Bed and breakfast means an owner-occupied residence, including an existing detached guest house that is located on the same lot and that provides restroom facilities, where lodging and breakfast are provided for remuneration to overnight, paying guests.
Buildable area means the space remaining on a lot after the minimum open space requirements (coverage, yards, setbacks) have been met.
Building means any structure having a roof supported by columns or walls, built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
Cemetery means land used or intended to be used for the burial of the human dead and dedicated to cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in connection with or within the boundaries of a cemetery.
Change in use means any use that substantially differs from the previous use of a building or land, as determined by the community development director.
City means the city of Lewiston, Idaho.
Clear vision area means the triangular area within the intersection of the linear extension of the lateral curb lines, or edges if no curb exists, of two (2) roadways, or a roadway and a railroad or a driveway or parking lot access and a roadway and extending back from the point of intersection along each roadway or railroad a distance of forty (40) feet, or other areas where sight restrictions may create traffic hazards.
Commercial entertainment facility means any use conducted for gain under private ownership whose primary purpose is to provide one of various types of entertainment, recreational activity, or athletic involvement. Typical uses would include theaters, bowling alleys, handball-racquetball club-courts, go-cart tracks, radio controlled car race centers, etc.
Commission means the planning and zoning commission of the city of Lewiston.
Conditional use means a use permitted in a particular zone district upon showing that such use in a specified location will comply with all the conditions and standards as specified in this chapter, including any additional conditions of approval, and when approved by the planning and zoning commission.
Construction and contracted trades means occupations engaged in the construction of buildings and other structures, heavy construction, additions, alterations, installations, maintenance and repairs of buildings, demolition, earth moving, excavating, and other land preparation. Construction trades are generally administered or managed from a fixed place of business, but the actual construction work is performed at different project sites.
Contractor’s storage yard means an outside area dedicated to the storage of heavy equipment, business vehicles, construction equipment, construction forms, and machinery related to construction practices.
Council means the city council of the city of Lewiston.
Craft or handicrafts means occupations engaged in finished, personal, or household items that are either made to order or which involve considerable handwork to produce. Examples include textiles, pottery, woodworking, or other products made on an individualized, single-item basis. The use of mechanized assembly line production is excluded from this definition.
Day care center means as defined in section 21-131.
Destruction of structure means the removal of damage equal to or greater than eighty (80) percent of the assessed value of the structure prior to damage, as determined by the Nez Perce County assessor.
Dormitory means a building accessory to a public or private institution used as a group living quarter exclusively for members of the institution. Dormitories may also include convenience services for the residents such as food service, laundry, computer laboratory, recreational facilities, or retail sales clearly subordinate and accessory to the use of the building as a dormitory.
Driveway means a private roadway providing access to a street and serving no more than three (3) lots.
Dwelling, multifamily means a building containing three (3) or more dwelling units or more than one (1) detached single-family dwelling on one (1) lot.
Dwelling, single-family means a detached building containing one (1) dwelling unit.
Dwelling, two-family means a detached building on a single lot containing two (2) dwelling units.
Dwelling unit means one (1) or more rooms designated for occupancy by one (1) family.
Family means one (1) or more persons occupying a single dwelling unit and living as a single household unit.
Family day care means as defined in section 21-131.
Floodplain overlay district means the area lying one hundred fifty (150) feet on either side of Lindsay Creek as measured from the center of the stream and extending in a southeasterly direction from the Camas-Prairie Railroad grounds to the Lewiston corporate limits.
Floor area means the area included in the surrounding walls of a building, or portion thereof, exclusive of vent shafts and courts, multiplied by the number of stories.
Garage, private means a building or a portion of building, not more than one thousand (1,000) square feet in area or more than one (1) story in height, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
Grade means, at ground level, the average of the landscaped ground level at the center of all walls of the building. If a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.
Group day care means as defined in section 21-131.
Height of building, building height means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
Home occupation means an activity, profession, or craft carried on entirely within a residence by the occupants; which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term; so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate, as permitted; and which does not infringe upon the rights of neighboring residents to enjoy a peaceful occupancy of their homes.
Household pets means small animals permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, guinea pigs, hamsters, or other small, fur-bearing animals; canaries, parrots, parakeets, goldfish, etc.
Industrial park means a development at least five (5) acres in area with a coordinated design for a variety of industrial and related uses.
Intermediate care facility means a facility that provides, on a regular basis, personal care, including dressing, eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
Junk means any manufactured good, machinery, vehicle stored in public view in violation of Article XVI, personal property or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, worn or deteriorated. This shall include by way of illustration only and without limitation wood, rubber, scrap metal, concrete, rubble, boxes, crates, or machinery parts.
Junkyard/auto-wrecking yard means an open area where one (1) or more inoperable motor vehicles, junk motor vehicles, vehicle parts or automobile hulks are stored or kept and not in compliance with Article XVI regardless of whether for profit or not, or where waste and scrap material are stored whether for profit or not or where waste and scrap material is bought, sold, exchanged, stored, baled, packed, disassembled, or handled. Any property where such vehicles or materials are present for thirty (30) days shall be deemed a junkyard. A junkyard includes an auto-wrecking yard but does not include uses established entirely within closed buildings.
Kennels, commercial means any lot or premises or portion thereof, other than a veterinary hospital, on which four (4) or more dogs are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
Kennels, noncommercial means any lot, premises or portion thereof, other than a veterinary hospital, on which six (6) or more dogs are maintained, harbored, possessed, boarded, bred or cared for and are not for sale or compensation.
Long-term care facility means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
(4) A parcel of land described by metes and bounds;
Provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
Lot area means the total area of a lot measured in a horizontal plane within the lot boundary lines, exclusive of public and private roads, and easements of access to other property.
Lot, corner means a lot abutting on two (2) or more streets, other than an alley, at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The front of a corner lot shall be determined at the time of building permit application.
Lot coverage means that portion of the lot that is covered by building and structures.
Lot depth means the average horizontal distance between the front lot line and the rear lot line.
Lot, flag means a lot not fronting on or abutting a public road and where access to the public road is by land owned in fee title attached to or part of a parcel meeting requirements of the zoning district, providing dedicated access, and meeting the standards for flag lots as set forth in this chapter.
Lot line means the property line bounding a lot.
Lot line, front means the property line separating the lot from the street, other than an alley.
Lot line, rear means a property line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or other shaped lot, means a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.
Lot line, side means any property line not a front or rear lot line.
Lot, through means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. Setbacks for the zone in which such lot is located must be met on both street frontages and all accessory buildings shall comply with all front and rear yard setback requirements of the primary use.
Lot width means the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
Manufactured home means a structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. Sections 5401 et seq.
Class A manufactured home: A manufactured home meeting the following standards:
(1) Constructed after June 15, 1976, and certified as meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development;
(2) Shall be multisectional and enclose a space of not less than one thousand (1,000) square feet;
(3) Roof pitch shall be not less than a three-foot rise for each twelve (12) feet of horizontal run (3:12) and roof shall have minimum six-inch eave or eave and gutter;
(4) Has roofing materials which are generally acceptable for site-built housing. Any roofing material may be used provided it has the appearance of a nonmetallic shingle, shake or tile roof;
(5) Has siding material which has the appearance of wood, masonry or horizontal metal siding. Reflection from horizontal metal siding shall be no greater than that from siding coated with white gloss enamel;
(6) The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve (12) inches above grade;
(7) Hitch or tongue of manufactured home shall be removed.
Class B manufactured home: A manufactured home meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development but not meeting all the criteria (2) through (5) for Class A manufactured homes. Also included certified rehabilitated mobile homes as provided in Title 44, Chapter 25 of Idaho Code.
Class C manufactured home: A manufactured home which does not meet the manufactured home construction and safety standards of the Department of Housing and Urban Development but which is at least eight (8) feet wide and forty (40) feet in length.
Manufactured home park means a tract of land under unified ownership developed for the purpose of providing individual rental spaces for the placement of manufactured homes within its boundaries.
Manufacturing means occupations engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembling of component parts of manufactured products is considered manufacturing, except in cases where the activity is appropriately classified as construction, crafts, or art.
Mini-storage complex means one (1) or more structures on the same site containing several individually accessible storage spaces, or outdoor storage not associated with a contractor’s storage yard, for rent or lease to persons or businesses.
Nonconforming structure or use means a structure or use which was lawful March 13, 1972, the date of adoption of Ordinance No. 3071, or the date any amendment thereto became effective but which fails by reasons of adoption, revision or amendment to conform to the present requirements of the zoning district in which it is located.
Occupancy permit means a required permit allowing occupancy of a development or use after it has been determined that the development or use meets all the requirements of the applicable codes.
Office park means a development on a tract of land that contains a number of separate office buildings, accessory and supporting uses, and space designed, planned, constructed and managed on an integrated and coordinated basis.
Outdoor storage means the keeping, in an unroofed area, of any goods, junk, materials, merchandise or vehicles in the same place for more than twenty-four (24) hours.
Owner includes an authorized agent of the owner.
Park means a tract of land, designated and used by the public for active and passive recreation.
Parking means off-street parking with access from streets or secondary means or as approved by a subdivision plat.
Parking lot means a parcel of land devoted to parking spaces for motor vehicles.
Parking lot, commercial means any lot upon which the members of the general public operating a motor vehicle upon said lot and parking thereon may be required to pay a charge or fee for said usage to the owner of the lot or his agent.
Parking lot, reconstruction means the removal and replacement of existing asphalt, concrete, or similar paving material where reconstruction exposes the parking lot subgrade of an area exceeding two thousand (2,000) square feet.
Parking space means a permanently surfaced area, enclosed or unenclosed, meeting the requirements of the city of Lewiston standard drawings or the city engineer.
Person means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.
Personal service use means any use conducted for gain which primarily offers service to the general public such as barbershops, beauty parlors, watch repair, shoe repair, self-service laundry, and dry cleaners and similar activities.
Planned unit development means an area of land in which a variety of residential, commercial, industrial, and/or other land uses are provided.
Prevailing architectural character means the basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, that produces its distinctive character.
Professional offices means the use of offices and related spaces for such service as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
Public use means a structure or use intended or used for a public purpose by a city, a school district, the county, the state, or by any other public agency, or by a public utility. Public uses may be considered to be uses permitted outright when the use or structure proposed if the same use or structure were to be undertaken
by a private individual would be allowed as a use permitted outright in a specific zone.
Quarrying means an excavation or open pit from which building materials, such as rock, gravel and sand, are extracted by earth moving operations. The term does not include mineral extraction by mining.
Ravine/Drainageway means an open drainage channel identified within the city of Lewiston storm water master plan or as identified during annexation proceedings. Two (2) types of ravines/drainageways exist:
Category A:
(1) Open drainage channels that transport less than one hundred (100) cubic feet per second (cfs) during a storm event for a distance of five hundred (500) linear feet, as identified in the city of Lewiston storm water master plan or as identified during annexation proceedings. The width of a category A drainage channel shall be measured ten (10) feet horizontally on each side of the channel at the average annual high water point. The width shall not exceed ten (10) feet measured horizontally from the edge of the channel at the average annual high water point, and the height shall not exceed ten (10) feet.
Category B:
(1) Open drainage channels that transport more than one hundred (100) cubic feet per second (cfs) during a storm event for a distance of five hundred (500) linear feet, as identified in the city of Lewiston storm water master plan or as identified during annexation proceedings. The width of a category A drainage channel shall be measured twenty-five (25) feet horizontally on each side of the average annual high water channel. The width shall not exceed twenty-five (25) feet from the edge of the channel at the average annual high water channel, and shall not exceed twenty-five (25) feet in height; or
(2) Open drainage channels that contain significant habitat as determined by designation of wetlands status by the U.S. Army Corps of Engineers.
Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, fifth-wheel camper and motor home.
Recyclable material means materials that can be collected, sold or reused at a net cost equal to or less than the cost of collection and disposal of the same material.
Recycling center (intermediate processing center) means a place, building or facility where post consumer recyclable materials, including paper products, plastics, tin, aluminum, metals and glass, are accepted to be sorted, processed, packaged, baled, stored, sold or prepared for transport. Specifically excluding auto bodies, parts and related items.
Replacement of a nonconforming use means the replacement, after destruction, of a building or structure with its functional equivalent. The equivalent need not be an exact replica of the original.
Riding academy means an establishment where horses are boarded and cared for and where instructions in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.
Riding arena means an enclosed indoor or outdoor area that is used for the purposes of riding horses or other similar animals.
Roadway means that portion of a highway or street improved, designed or ordinarily used for vehicular travel, exclusive of any sidewalk, berm or shoulder.
Semi-public use means a structure or use intended or used by a fraternal, cultural or religious organization.
Service station means any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles including grease racks, tire repairs, battery charging, hand washing of automobiles, sale of merchandise and supplies related to the servicing of motor vehicles and minor replacements, but excluding body and fender work, engine overhauling, painting, welding, storage of autos not in operating condition or other work involving noise, fumes, glare or smoke.
Sign means a device designed to inform or to attract the attention of persons not on the premises. The area of a sign is the total of the exposed exterior display surfaces, including flags, pennants, banners.
Small animal hospital, clinic or kennel means a building used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured small animals or pets, not including livestock, which are in need of medical or surgical attention, and may include enclosed overnight accommodations on the premises for the treatment, observation or recuperation of small animals or pets. Such premises shall be under the direct supervision and control of a licensed veterinarian, as defined by Chapter 21, Title 54, Idaho Code, as the chapter now exists or may hereafter be amended. Board of small animals or pets may be included as an incidental use.
Structural alteration means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.
Structure means something constructed or built and having a fixed base on, or fixed connections to, the ground or another structure.
Telecommunications tower means any structure not defined as an alternative telecommunications tower that is used and is constructed for the intent of transmitting commercial two-way telecommunications signals, such as, but not limited to, mobile phone communication, cellular phone communication, or satellite communication.
Travel trailer means a trailer house not more than eight (8) feet in width or more than twenty-nine (29) feet in interior length, designed for travel and recreation uses.
Travelway means that portion of the parking lot or vehicle storage lot normally used by motor vehicles or equipment to drive from a public street or alley to a parking or storage space.
Truck terminal means an area and building where cargo is stored and where trucks load and unload cargo on a regular basis. Truck service and maintenance associated with the trucking lines serving the trucking terminal and clearly secondary in nature to the truck terminal is an accessory use.
Use means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.
Variance means a modification of the requirements of the zoning ordinance as to lot size, lot coverage, width, depth, yards, setbacks, parking space, height of building or other ordinance provisions affecting the size of lots or the size, shape or placement of structures upon lots but not involving the actual use and shall not be of the applicant’s making.
Vehicle means any vehicle or device intended to be used for carrying or conveying persons and/or objects under its power including but not limited to: automobile, motorcycle, truck, motorized boat, motorized recreational vehicle, personal watercraft, three/four wheeler, snowmobile, motor home, etc.
Vehicle, inoperable means any motorized vehicle which is damaged, is missing any part essential for movement, or on which essential parts are broken or defective, including flat tires such that it cannot be considered to be operable; or does not meet the definition of operable vehicle.
Vehicle, junk means any motor vehicle from which all salvageable parts have been removed and the only remaining value is scrap.
Vehicle, operable means:
(1) Any motor vehicle intended for and that can be legally operated on any public roadway. Generally it requires title, and may or may not have current registration, certificate of insurance and properly displayed license plates.
(2) Any motorized vehicle not intended for legal operation on a public roadway including but not limited to race vehicles, watercraft, seasonal vehicles and pre-event demolition derby vehicles.
Vehicle parts means one or more new or used motor vehicle components.
Vehicle storage lot means a parcel of land devoted to the storage or display for sale of motor vehicles or equipment.
Veterinary clinic or kennel means a building used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, including household pets and livestock, and those animals which are in need of medical or surgical attention, including overnight accommodations on the premises for treatment, observation or recuperation. Such premises shall be under the direct supervision of a licensed veterinarian, as defined by Chapter 21, Title 54, Idaho Code, as that chapter now exists or may hereafter be amended. Boarding of pets and livestock may be included as an incidental use.
Wholesale distribution means an establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials including transshipment by boat, rail, air or motor vehicles.
Wood processing plant means an area or facility for the processing, handling or distribution of wood-based products including but not limited to sawmills, retail or wholesale firewood lots, or similar facilities that transform raw wood products to a more finished form.
Working day means any day except a Saturday, Sunday or a day which is a legal holiday under the laws of Idaho.
Wrecking yard, see Junkyard.
Yard means an open space on a lot which is unobstructed from the ground upward.
Yard, front means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to a building.
Yard, rear means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to a building.
Yard, side means a yard between the front and rear yard measured horizontally and at right angles from the side lot line to a building.
Zoning certificate means a notation attached to a building permit, occupancy permit or business license, or issued separately by the community development director or authorized representative, to certify that a building, structure, use or occupancy specified thereon is in conformity with all the provisions of this chapter.
Zoning official means the director of the community development department of the city. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 1, 7-1-96; Ord. No. 4249, § 1, 10-25-99; Ord. No. 4270, § 1, 10-30-00; Ord. No. 4283, § 1, 4-9-01; Ord. No. 4322, § 1, 12-9-02; Ord. No. 4328, § 1, 3-24-03; Ord. No. 4329, § 1, 6-16-03; Ord. No. 4344, § 1, 11-17-03; Ord. No. 4351, § 1, 3-15-04; Ord. No. 4354, § 1, 3-29-04; Ord. No. 4386, § 1, 2-14-05; Ord. No. 4393, § 1, 3-14-05; Ord. No. 4423, § 2, 11-21-05; Ord. No. 4426, §§ 1, 2, 11-28-05; Ord. No. 4398, § 5, 1-9-06; Ord. No. 4440, § 1, 8-14-06; Ord. No. 4486, § 1, 9-24-07; Ord. No. 4499, § 1, 1-28-08)
ARTICLE II. BASIC PROVISIONS
Sec. 37-4. Compliance with chapter provisions.
A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied or used only as this chapter permits and subject to provisions of Articles III to X. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-5. Maintenance of minimum requirements.
No lot dimensions, yards or off-street parking areas existing on or before March 13, 1972, shall be reduced below the minimum requirements of this chapter. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-6. Interpretation.
Where the conditions imposed by any provision of this chapter are less restrictive than comparable conditions imposed by any other provision of this chapter or any other applicable regulation, the provision which is more restrictive shall govern. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-7. Severability.
The provisions of this chapter are severable. If any section, sentence, clause, or phrase is ruled by a court to be invalid, the ruling shall not affect the validity of the remaining portion of this chapter. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-8. Classification of zones.
For the purposes of this chapter, the following zones are hereby established:
Zone
Abbreviated Designation
Agricultural transitional zone
F-2
Suburban residential zone
R-1
Low density residential zone
R-2
Low density residential zone
R-2A
Medium density residential zone
R-3
Higher density residential zone
R-4
North Lewiston mixed use development zone
MXD-NL
Local commercial zone
C-1
Tourist commercial zone
C-2
Community commercial zone
C-3
General commercial zone
C-4
Central commercial zone
C-5
Regional commercial zone
C-6
Light industrial zone
M-1
Heavy industrial zone
M-2
Planned unit development zone
PD
Port zone
P
Airport zone
A
Billboard overlay zone
BB
(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 2, 7-1-96; Ord. No. 4283, § 2, 4-9-01)
Sec. 37-9. Zoning map.
The boundaries of the zones established by this chapter are indicated on a map entitled Zoning Map of the City of Lewiston, which is hereby adopted by reference and incorporated in this chapter as though fully set forth herein. The boundaries may be modified in accordance with zoning map amendments which shall be adopted by reference. A certified print of the adopted map or subsequently amended map shall be maintained as long as this chapter remains in effect. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-10. Zone boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, centerlines of streets, alleys or railroad rights-of-way, or such lines extended. (Ord. No. 4108, § 2, 8-15-94)
ARTICLE III. USE ZONES
AGRICULTURAL TRANSITIONAL ZONE F-2
Sec. 37-11. F-2 Agricultural Transitional Zone.
(a) Purpose: To provide a transition zone from agricultural land uses to residential land use within the city limits where centralized water and sewer are not available. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 2, 10-25-99)
Sec. 37-12. Uses permitted outright.
In an F-2 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:
(1) Class A manufactured home;
(2) General farming, except feedlots;
(3) Single-family dwelling;
(4) Bed and breakfast facilities, subject to special conditions of section 37-13.1(1) of this code;
(5) Family day care, subject to special conditions of section 37-13.1(2) of this code;
(6) Telecommunications towers, subject to the standards of section 37-13.1(4);
(7) Alternative telecommunications towers, subject to the standards of section 37-163(2). (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 3, 10-25-99; Ord. No. 4322, § 4, 12-9-02)
Sec. 37-13. Conditional uses permitted.
The following uses are permitted when authorized in accordance with standards and requirements in Article IX:
(1) Class B manufactured home;
(2) Commercial kennels;
(3) Public use;
(4) Quarrying when the outer boundary is not located within one thousand (1,000) feet of a dwelling unit other than that of the operator;
(5) Semi-public use;
(6) Group day care, subject to special conditions of sections 37-13.1(3) of this code;
(7) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2). (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 4, 10-25-99; Ord. No. 4322, § 5, 12-9-02)
Sec. 37-13.1. Special conditions.
(1) Bed and breakfast facilities.
(a) The use shall not change the residential character of the dwelling, shall be conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term, shall be conducted so that the average neighbor under normal circumstances would not be aware of its existence, and shall not infringe upon the rights of neighboring residents to enjoy the peaceful occupancy of their homes.
(b) No more than one (1) person, other than members of the family residing on the premises, shall be engaged in the occupation.
(c) Only resident guests of bed and breakfast facilities shall be served meals.
(d) Bed and breakfast facilities shall be limited to five (5) or fewer guestrooms.
(e) One (1) off-street parking space is required for each guestroom of a bed and breakfast facility.
(f) A bed and breakfast facility shall be allowed one (1) sign, no more than four (4) square feet and non-illuminated.
(g) The size of the site is shown to be reasonable for the intended use.
(h) Access to the site meets all applicable ordinances.
(i) The surrounding properties will not otherwise be adversely affected.
(2) Family day care, one (1) to six (6) children.
(a) Registration with the family day care registry is required in accordance with section 21-138 of this code.
(b) The size of the site is shown to be reasonable for the intended use.
(c) Access to the site meets all applicable ordinances.
(d) The surrounding properties will not otherwise be adversely affected.
(3) Group day care, seven (7) to twelve (12) children.
(a) A business license is required in accordance with section 21-133 of this code.
(b) The size of the site is shown to be reasonable for the intended use.
(c) Access to the site meets all applicable ordinances.
(d) The surrounding property will not otherwise be adversely affected.
(4) Telecommunications towers standards.
(a) The following telecommunications towers shall be allowed as uses permitted outright:
1. Towers designed and constructed for placement of a single telecommunications service provider, not to exceed ninety (90) feet.
2. Towers designed and constructed for placement of two (2) telecommunications service providers, not to exceed one hundred twenty (120) feet.
3. Towers designed and constructed for placement of three (3) or more telecommunications service providers, not to exceed one hundred fifty (150) feet.
4. Antennas attached to pre-existing structures.
(b) Applicants for construction permits for telecommunications towers allowed as uses permitted outright and designed and constructed for use of two (2) or more service providers shall provide the community development director proof of agreements between the service providers for co-location on the tower.
(c) No telecommunications tower shall be constructed where any portion of the upper one-third (1/3) of the tower, as measured from grade, is at the same elevation of any residentially zoned lot within one thousand (1,000) feet of the tower.
(d) Telecommunications towers shall comply with setback and yard requirements of the underlying zone.
(e) Telecommunications towers shall conform to the requirements of sections 37-106, Approach surface height limitation, and 37-107, Transitional surface and horizontal surface height limitation, of this chapter. Applicants for a construction permit for telecommunications towers shall provide written confirmation from the Federal Aviation Administration (FAA) that the intended tower will not create a hazard to air navigation. Such written confirmation shall be provided prior to authorization of a construction permit.
(f) Telecommunications towers shall conform to FAA Advisory Circular AC 70/7460-1K as may be amended or revised. Where a telecommunications tower is required to be lit, strobe lights shall not be permitted unless required by the FAA. When strobe lights are required on telecommunications towers, a dual lighting system of white strobes for daytime lighting and a red flashing light atop the tower for nighttime lighting shall be used.
(g) A telecommunications tower shall be determined to be abandoned if, for a period of eighteen (18) consecutive months, the owner or his lessee(s) do not use the tower for telecommunications services. All abandoned telecommunications towers shall be removed, and the site returned to its natural state eighteen (18) inches below grade, within six (6) months of abandonment. A performance bond in the amount of fifteen thousand dollars ($15,000) and memorandum of understanding with the city of Lewiston shall be required to ensure demolition of telecommunications towers after abandonment. The memorandum of understanding shall ensure annual renewal of the bond.
(h) Prior to approval of a building permit, the applicant for construction of a telecommunications tower shall provide proof of liability insurance of one million dollars ($1,000,000) or more to the director of community development or his designee.
(i) Telecommunications towers shall not display signage, logos, symbols, or any messages of a commercial or noncommercial nature on towers, support structures or the fence securing the tower, except where a sign is required for life and safety issues. A sign, not to exceed one and one-half (1-1/2) square feet, shall be posted on the fence or gate identifying the current owner of the tower, emergency contact or agency, and applicable contact numbers. (Ord. No. 4249, § 5, 10-25-99; Ord. No. 4322, § 2, 12-9-02; Ord. No. 4351, § 2, 3-15-04)
Sec. 37-14. Lot size.
The lot size shall be as follows:
(1) For a single-family dwelling, the minimum lot area shall be five (5) acres;
(2) Minimum lot width shall be two hundred (200) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-15. Yards.
Except as provided in Article VIII, yards shall be as follows:
(1) A front yard shall be a minimum of twenty (20) feet;
(2) A side yard shall be a minimum of ten (10) feet, except that on a corner lot, the side yard shall be a minimum of fifteen (15) feet from the property line or thirty (30) feet from the centerline of the street, whichever is greater;
(3) A rear yard shall be a minimum of twenty (20) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-16. Height of buildings.
Buildings shall not exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-17. Lot coverage.
Buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)
SUBURBAN RESIDENTIAL ZONE R-1
Sec. 37-18. R-1 Suburban Residential Zone.
(a) Purpose: To provide for agricultural or transitional area for suburban residential uses. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 6, 10-25-99)
Sec. 37-19. Uses permitted outright.
In an R-1 Zone, the following uses and their accessory uses are permitted outright, subject to the provisions of Article IV:
(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;
(2) Church, subject to the special conditions of section 37-20.1(2) of this code;
(3) Class A manufactured home;
(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;
(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;
(6) General farming, except feedlots;
(7) Manufactured home park, subject to the requirements of Chapter 23 of this code and with a minimum area of two (2) acres and a maximum density of 5.8 units per acre;
(8) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;
(9) Park, subject to the special conditions of section 37-20.1(4) of this code;
(10) School, subject to the special conditions of section 37-20.1(3) of this code;
(11) Single-family dwelling;
(12) Two-family dwelling unit with a minimum lot area of fifteen thousand (15,000) square feet unless the county sanitarian determines additional land is required to meet the minimum standards of the Idaho Department of Health and Welfare. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 7, 10-25-99; Ord. No. 4385, § 1, 2-14-05; Ord. No. 4398, § 6, 1-9-06)
Sec. 37-20. Conditional uses permitted.
In an R-1 Zone the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:
(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;
(2) Class B manufactured home;
(3) Day care center, subject to the special conditions of section 37-20.1(5) of this code;
(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;
(5) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;
(6) Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this code;
(7) Preschool, subject to the special conditions of section 37-20.1(6) of this code;
(8) Public use;
(9) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one year;
(10) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;
(11) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;
(12) Semi-public use, other than church or school;
(13) Manufactured home park, subject to the requirements of Chapter 23 of this code and a density of greater than 5.8 units per acre. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 8, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 2, 2-14-05; Ord. No. 4398, § 7, 1-9-06)
Sec. 37-20.1. Special conditions.
(1) Mortuary.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Access to the site meets all applicable ordinances.
(c) The abutting/adjacent properties will not otherwise be adversely affected.
(d) A site development plan is submitted for review and approval; subsequent development shall be in substantial conformance with the approved development plan.
(e) The developer of the proposed project shall contact all property owners and tenants within three hundred (300) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving
notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice are received within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in Article IX of this chapter.
(2) Church.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Access to the site meets all the applicable ordinances.
(c) The abutting/adjacent properties will not otherwise be adversely affected.
(d) A church may exceed the height limitations of the zone in which it is located to a maximum of fifty (50) feet, if the total floor area of the building does not exceed one and one-half (1-1/2) times the area of the site and if the yard dimensions in each case are equal to at least two-thirds (2/3) of the height of the principal structure.
(e) In addition to the signs permitted in the zone in which it is located, a church may have a bulletin board not exceeding twenty (20) square feet in area and set back ten (10) feet from the street, not to exceed a height of twelve (12) feet.
(f) Site development plan is submitted for review and approval, subsequent development shall be in substantial conformance with the approved development plan.
(g) The developer of the proposed project shall contact all property owners and tenants within three hundred (300) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice are received within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in Article IX of this chapter.
(3) School.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Access to the site meets all applicable ordinances.
(c) The surrounding property will not otherwise be adversely affected.
(d) Signage shall comply with section 30-49.4(c) of this code, Development entry signs.
(e) Site development plan is submitted for review and approval, subsequent development shall be in substantial conformance with the approved development plan.
(f) The developer of the proposed project shall contact all property owners and tenants within three hundred (300) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in Article IX of this chapter.
(4) Park.
(a) Site development plan is submitted for review and approval to the Lewiston parks and recreation manager; subsequent development shall be in substantial conformance with the approved development plan.
(b) The site development plan shall be shown to be in substantial compliance with the park and open space master plan.
(5) Day care center, thirteen (13) children or over.
(a) A business license is required in accordance with section 21-133 of this code.
(b) The size of the site is shown to be reasonable for the intended use.
(c) Access to the site meets all applicable ordinances.
(d) The surrounding property will not otherwise be adversely affected.
(e) Off-street parking and pick-up/drop-off area shall be provided.
(6) Preschool.
(a) Approval of a conditional use permit from the planning and zoning commission is required. This requires a public hearing before the planning and zoning commission.
(b) A business license is required, including a criminal history check for all employees, volunteers and people over twelve (12) years of age living on the premises.
(c) Compliance with state regulations, Uniform Building Codes and City Standards is required.
(d) The size of the site is shown to be reasonable for the intended use.
(e) Parking and access to the site meets all applicable ordinances.
(f) The surrounding property will not otherwise be adversely affected. (Ord. No. 4249, § 9, 10-25-99; Ord. No. 4351, § 3, 3-15-04)
Sec. 37-21. Lot size.
In an R-1 Zone, the lot size shall be as follows:
(1) For a single-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet unless the county sanitarian determines that additional area is required to meet the minimum standards of the Idaho Board of Health.
(2) Lot width shall be a minimum of sixty (60) feet.
(3) Lot depth shall be a minimum of eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4381, § 1, 1-24-05)
Sec. 37-22. Yards.
Except as provided in Article VIII, in an R-1 Zone yards shall be as follows:
(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.
(2) A side yard shall be a minimum of ten (10) feet, except that on a corner lot the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty (30) feet from the centerline of the street, whichever is greater.
(3) A rear yard shall be a minimum of twenty (20) feet.
(4) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum seven thousand five hundred (7,500) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of twenty (20) feet. In no case shall the minimum width of the zero lot line lot be less than sixty (60) feet nor the depth less than one hundred (100) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-23. Lot coverage.
Buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-24. Height of buildings.
In an R-1 Zone, the buildings shall not exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-25. Reserved.
Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-25, relative to signs permitted in the R-1 Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.
LOW DENSITY RESIDENTIAL ZONE R-2
Sec. 37-26. R-2 Low Density Residential Zone.
(a) Purpose: To provide land for lower density residential development in a neighborhood setting. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 10, 10-25-99)
Sec. 37-27. Uses permitted outright.
In an R-2 Zone the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:
(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;
(2) Church, subject to the special conditions of section 37-20.1(2) of this code;
(3) Class A manufactured home;
(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;
(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;
(6) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;
(7) Park, subject to the special conditions of section 37-20.1(4) of this code;
(8) School, subject to the special conditions of section 37-20.1(3) of this code;
(9) Single-family dwelling;
(10) Two-family dwelling. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 3, 7-1-96; Ord. No. 4249, § 11, 10-25-99; Ord. No. 4385, § 3, 2-14-05)
Sec. 37-28. Conditional uses permitted.
In an R-2 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:
(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;
(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;
(3) Group day care, subject to the special conditions of section 37-13.1(3) of this code;
(4) Intermediate care facility;
(5) Long-term care facility;
(6) Intensification or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;
(7) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and where density does not exceed fifteen and four-tenths (15.4) units per acre, when fronting on a minimum fifty-foot wide improved public right-of-way;
(8) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and where density does not exceed eight and seven-tenths (8.7) units per acre, when fronting on an improved public right-of-way less than fifty (50) feet wide;
(9) Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this code;
(10) Preschool, subject to the special conditions of section 37-20.1(6) of this code;
(11) Public use;
(12) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;
(13) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;
(14) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;
(15) Semi-public use, other than a church or school;
(16) Small lot development subject to the requirements of section 37-33 of this code, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 12, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 4, 2-14-05; Ord. No. 4433, § 1, 1-9-06; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-29. Lot size.
In an R-2 Zone the minimum lot size shall be as follows:
(1) For a single-family dwelling the minimum lot area shall be seven thousand five hundred (7,500) square feet unless the county sanitarian determines additional area is required to meet the minimum standards of the Idaho Board of Health.
(2) For a two-family dwelling or a multifamily dwelling the minimum lot area of seven thousand five hundred (7,500) square feet is increased by two thousand five hundred (2,500) square feet from each dwelling unit over one (1). Connection to a municipal sanitary sewer system must be provided.
(3) Lot width shall be a minimum of seventy (70) feet.
(4) Lot depth shall be a minimum of one hundred (100) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-30. Yards.
Except as provided in Article VIII, in an R-2 Zone the minimum yard requirements shall be as follows:
(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.
(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.
(3) A rear yard shall be a minimum of twenty (20) feet.
(4) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-31. Lot coverage.
In an R-2 Zone buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-32. Height of buildings.
In an R-2 Zone, no building shall exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-33. Small lot development; development consisting of zero lot line town homes or duplexes.
(a) Lot size.
(1) For a single-family dwelling, the minimum lot area shall be four thousand (4,000) square feet;
(2) For a two-family dwelling, the minimum lot area shall be six thousand five hundred (6,500) square feet;
(3) Lot width shall be a minimum of forty (40) feet for interior and forty-five (45) feet for corner lots;
(4) Lot depth shall be a minimum of eighty (80) feet.
(b) Yards. Except as provided in section 37-156 of this code, the minimum yard requirements shall be as follows:
(1) A front yard shall be a minimum of ten (10) feet or twenty-five (25) feet from the centerline of the adjacent street, whichever is greater.
(2) A side yard shall be:
a. Zero (0) feet when adjacent to a primary building constructed on the property line; or
b. Five (5) feet or more, except on corner lots the side yard on the street side shall be a minimum of ten (10) feet or twenty-five (25) feet from the centerline of the adjacent street, whichever is greater.
(3) A rear yard shall be a minimum of twenty (20) feet except when one (1) side yard is at least twenty (20) feet, the rear yard may be reduced to ten (10) feet.
(c) In small lot development, buildings shall not cover more than sixty (60) percent of the lot.
(d) Standards.
(1) One detached garage of four hundred forty (440) square feet is allowed when provided with vehicle access from an improved right-of-way and a garage is not attached to the primary residence. No other accessory buildings are allowed.
(2) Vehicular access shall be provided from the rear of the lot when the structure is setback less than twenty (20) feet from the front lot line.
(3) The parcel, prior to being developed with a small lot development project, must have one hundred and sixty (160) continuous feet of frontage on a fifty-foot or wider right-of-way.
(4) Each small lot development must create a minimum of four (4) contiguous lots. (Ord. No. 4433, § 2, 1-9-06)
LOW DENSITY RESIDENTIAL ZONE R-2A
Sec. 37-34. R-2A Low Density Residential Zone.
(a) Purpose: To provide land for lower density residential development with the keeping of livestock as a conditional use. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 4, 7-1-96; Ord. No. 4249, § 13, 10-25-99)
Sec. 37-35. Uses permitted outright.
In an R-2A Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:
(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;
(2) Church, subject to the special conditions of section 37-20.1(2) of this code;
(3) Class A manufactured home;
(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;
(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;
(6) Manufactured home park, subject to the requirements of Chapter 23 of this code with a minimum area of two (2) acres and a maximum density of 8.7 units per acre;
(7) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;
(8) Park, subject to the special conditions of section 37-20.1(4) of this code;
(9) School, subject to the special conditions of section 37-20.1(3) of this code;
(10) Single-family dwelling;
(11) Two-family dwelling. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 14, 10-25-99; Ord. No. 4385, § 5, 2-14-05; Ord. No. 4398, § 8, 1-9-06)
Sec. 37-36. Conditional uses permitted.
In an R-2A Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:
(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;
(2) Class B manufactured home as a hardship, subject to the requirements of section 37-163(13) of this code;
(3) Day care center, subject to the special conditions of section 37-20.1(5) of this code;
(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;
(5) Intermediate care facility;
(6) Keeping of livestock, subject to the standards of sections 37-195 through 37-199 of this code;
(7) Long-term care facility;
(8) Intensification or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;
(9) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and where density does not exceed fifteen and four-tenths (15.4) units per acre, when fronting on a minimum fifty-foot wide improved public right-of-way;
(10) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and where density does not exceed eight and seven-tenths (8.7) units per acre, when fronting on an improved public right-of-way less than fifty (50) feet wide;
(11) Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this code;
(12) Preschool, subject to the special conditions of section 37-20.1(6) of this code;
(13) Public use;
(14) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;
(15) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;
(16) Semi-public use, other than a church or school;
(17) Manufactured home park, subject to the requirements of Chapter 23 of this code with a density greater than eight and seven-tenths (8.7) units per acre;
(18) Small lot development subject to the requirements of section 37-33 of this code, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 15, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4354, § 2, 3-29-04; Ord. No. 4385, § 6, 2-14-05; Ord. No. 4398, § 9, 1-9-06; Ord. No. 4433, § 3, 1-9-06; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-37. Lot size.
In an R-2A Zone the minimum lot size shall be as follows:
(1) For a single-family dwelling the minimum lot area shall be seven thousand five hundred (7,500) square feet unless the county sanitarian determines that additional area is required to meet the minimum standards of the Idaho Department of Health and Welfare.
(2) For a two-family dwelling or a multifamily dwelling the minimum lot area of seven thousand five hundred (7,500) square feet is increased by two thousand five hundred (2,500) square feet for each dwelling unit over one (1). Connection to a municipal sanitary sewer system must be provided.
(3) Lot width shall be a minimum of sixty (60) feet.
(4) Lot depth shall be a minimum of eighty (80) feet.
(5) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4381, § 2, 1-24-05; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-38. Yards.
Except as provided in Article VIII, in an R-2A Zone the minimum yard requirements shall be as follows:
(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.
(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.
(3) A rear yard shall be a minimum of twenty (20) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-39. Lot coverage.
In an R-2A Zone buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-40. Height of buildings.
In an R-2A Zone, no building shall exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-41. Reserved.
Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-41, relative to signs permitted in the R-2A Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.
MEDIUM DENSITY RESIDENTIAL ZONE R-3
Sec. 37-42. R-3 Medium Density Residential Zone.
(a) Purpose: To provide land for the development of multifamily dwellings and to provide an orderly transition from more intensive, high density uses to less intensive, lower density uses. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 16, 10-25-99)
Sec. 37-43. Uses permitted outright.
In an R-3 Zone the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:
(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;
(2) Church, subject to the special conditions of section 37-20.1(2) of this code;
(3) Class A manufactured home;
(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;
(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;
(6) Intermediate term care facility, subject to the special conditions of section 37-44.1(1) of this code;
(7) Long-term care facility, subject to the special conditions of section 37-44.1(2) of this code;
(8) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;
(9) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and not to exceed seventeen and four-tenths (17.4) units per acre, where fronting a minimum fifty-foot public right-of-way;
(10) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and not to exceed eight and seven-tenths (8.7) units per acre, where fronting a public right-of-way of less than fifty-foot width;
(11) Park, subject to the special conditions of section 37-20.1(4) of this code;
(12) School, subject to the special conditions of section 37-20.1(3) of this code;
(13) Single-family dwelling;
(14) Two-family dwelling;
(15) Small lot development subject to the requirements of section 37-33 of this code, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 5, 7-1-96; Ord. No. 4249, § 17, 10-25-99; Ord. No. 4385, § 7, 2-14-05; Ord. No. 4386, § 2, 2-14-05; Ord. No. 4433, § 4, 1-9-06; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-44. Conditional uses permitted.
In an R-3 Zone the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:
(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;
(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;
(3) Dormitory, subject to the special conditions of section 37-44.1 of this code;
(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;
(5) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;
(6) Noncommercial kennel, subject to the commercial kennel standards of section 37-163(15) of this code;
(7) Preschool, subject to the special conditions of section 37-20.1(6) of this code;
(8) Public use;
(9) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one year;
(10) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;
(11) Semi-public use, other than a church or school. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 18, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 8, 2-14-05; Ord. No. 4386, § 3, 2-14-05)
Sec. 37-44.1. Special conditions.
(1) Intermediate care facility.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Access to the site meets all applicable ordinances.
(c) The surrounding property will not otherwise be adversely affected.
(2) Long-term care facility.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Parking and access to the site meets all applicable ordinances.
(c) The surrounding property will not otherwise be adversely affected.
(3) Dormitory.
(a) Dormitories with twelve (12) occupants or more shall have on-site management.
(b) Buildings shall be designed with the following security measures:
1. Interior access to each room;
2. Controlled access beyond the lobby and to individual floors;
3. Manager’s name and contact information posted in clear view in the lobby.
(c) Dumpsters shall be located inside the building or placed no closer than fifteen (15) feet from any property line adjacent to residentially zoned property. (Ord. No. 4249, § 19, 10-25-99; Ord. No. 4386, § 6, 2-14-05)
Sec. 37-45. Lot size.
In an R-3 Zone the minimum lot size shall be as follows:
(1) Lot area shall be a minimum of seven thousand five hundred (7,500) square feet. Where the use of the lot is for multifamily dwellings, minimum lot size shall be seven thousand five hundred (7,500) square feet and shall not be less than two thousand five hundred (2,500) square feet per dwelling unit.
(2) Lot width shall be a minimum of seventy (70) feet.
(3) Lot depth shall be a minimum of one hundred (100) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-46. Yards.
Except as provided in Article VIII, in an R-3 Zone minimum yard requirements shall be as follows:
(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.
(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.
(3) A rear yard shall be a minimum of twenty (20) feet.
(4) Side and rear yards shall be increased by one (1) foot for each foot by which a building exceeds a height of thirty-five (35) feet. A front yard shall be increased by one (1) foot for each two (2) feet by which a building exceeds thirty-five (35) feet.
(5) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-47. Lot coverage.
In an R-3 Zone, buildings shall not cover more than forty-five (45) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-48. Height of buildings.
In an R-3 Zone, no building shall exceed a height of forty-five (45) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-49. Reserved.
Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-49, relative to signs permitted in the R-3 Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.
HIGHER DENSITY RESIDENTIAL ZONE R-4
Sec. 37-50. R-4 Higher Density Residential Zone.
(a) Purpose: To accommodate a compatible mixture of residential uses in proximity to major community facilities, employers, arterials and commercial developments. Such uses generally serve as transition or buffer zones between major arterials or more intensively developed areas and residential districts. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 20, 10-25-99)
Sec. 37-51. Uses permitted outright.
In an R-4 Zone the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:
(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;
(2) Church, subject to the special conditions of section 37-20.1(2) of this code;
(3) Class A manufactured home;
(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;
(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;
(6) Hospital;
(7) Intermediate care facility, subject to the special conditions of section 37-44.1(1) of this code;
(8) Long-term care facility, subject to the special conditions of section 37-44.1(2) of this code;
(9) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;
(10) Multifamily dwelling, meeting the standards of section 37-124.1 of this code, and not to exceed twenty-nine (29) units per acre;
(11) School, subject to the special conditions of section 37-20.1(3) of this code;
(12) Single-family dwelling;
(13) Two-family dwelling;
(14) Small lot development subject to the requirements of section 37-33 of this code, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 6, 7-1-96; Ord. No. 4249, § 21, 10-25-99; Ord. No. 4385, § 9, 2-14-05; Ord. No. 4386, § 4, 2-14-05; Ord. No. 4433, § 5, 1-9-06; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-52. Conditional uses permitted.
In an R-4 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:
(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;
(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;
(3) Dormitory, subject to the special conditions of section 37-44.1 of this code;
(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;
(5) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;
(6) Noncommercial kennel, subject to the commercial kennel standards of section 37-163(15) of this code;
(7) Preschool, subject to the special conditions of section 37-20.1(6) of this code;
(8) Public use;
(9) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one year;
(10) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;
(11) Semi-public use, other than a church or school. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 22, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 10, 2-14-05; Ord. No. 4386, § 5, 2-14-05)
Sec. 37-53. Lot size.
In an R-4 Zone the minimum lot size shall be as follows:
(1) Lot area shall be a minimum of seven thousand five hundred (7,500) square feet. Where the use of the lot is for multifamily dwellings, minimum lot size shall be seven thousand five hundred (7,500) square feet and shall not be less than one thousand five hundred (1,500) square feet per dwelling unit.
(2) Lot width shall be a minimum of seventy (70) feet.
(3) Lot depth shall be a minimum of one hundred (100) feet. Lot area shall be a minimum of seven thousand five hundred (7,500) square feet. Where the use of the lot is for multifamily dwellings, minimum lot size shall be seven thousand five hundred (7,500) square feet and shall not be less than one thousand five hundred (1,500) square feet per dwelling unit. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08)
Sec. 37-54. Yards.
Except as provided in Article VIII, in an R-4 Zone minimum yard requirements shall be as follows:
(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.
(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.
(3) A rear yard shall be a minimum of twenty (20) feet.
(4) Side and rear yards shall be increased by one (1) foot for each foot by which a building exceeds a height of thirty-five (35) feet. A front yard shall be increased by one (1) foot for each two (2) feet by which a building exceeds thirty-five (35) feet.
(5) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-55. Lot coverage.
In an R-4 Zone, buildings shall not cover more than forty-five (45) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-56. Height of buildings.
In an R-4 Zone no building shall exceed a height of sixty (60) feet. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-57. Reserved.
Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-57, relative to signs permitted in the R-4 Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.
NORTH LEWISTON MIXED USE DEVELOPMENT ZONE MXD-NL
Sec. 37-57.1. MXD-NL North Lewiston Mixed Use Development Zone.
(a) Purpose: To foster mixed use development of a variety of commercial, industrial and residential uses in North Lewiston, utilizing development standards to protect abutting uses. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.2. Uses permitted outright.
In the North Lewiston Mixed Use Development (MXD-NL) Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Articles IV and IX:
(1) Auto, boat, truck, recreational vehicle rental, sales and service;
(2) Building supply outlet;
(3) Business or professional offices;
(4) Car wash;
(5) Class A manufactured home;
(6) Commercial or industrial laundry and dry cleaners;
(7) Concrete or concrete products manufacturing;
(8) Eating or drinking establishments;
(9) Financial institutions;
(10) Greenhouses and nurseries;
(11) Heavy equipment sales;
(12) Heavy equipment service subject to development standards;
(13) Hotels or motels;
(14) Industrial parks;
(15) Keeping of livestock on lots where the predominant use on the property is residential, subject to the standards of sections 37-195 through 37-199 of this code;
(16) Manufactured home parks subject to the standards of Chapter 23 of this code with a minimum of two (2) acres and a maximum density of 8.7 units per acre;
(17) Manufacturing, processing, assembly and distribution, except a use specifically
listed as a conditional use in an M-1, M-2 or P Zone, subject to development standards;
(18) Office parks;
(19) Personal services;
(20) Public uses;
(21) Recreational vehicle park;
(22) Retail sales and service;
(23) Single or multifamily residential subject to the standards of the R-4 Higher Density Residential Zone as set forth in sections 37-50 through 37-56 of this code;
(24) Telecommunications facilities;
(25) Truck terminals;
(26) Veterinary clinic or kennel;
(27) Warehousing and mini-storage, subject to development standards. (Ord. No. 4283, § 3, 4-9-01; Ord. No. 4398, § 10, 1-9-06)
Sec. 37-57.3. Conditional uses permitted.
In the MXD-NL Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements of Articles IV and IX:
(1) Semi-public use;
(2) Wholesale distribution;
(3) Wood processing plant;
(4) Manufactured home park, subject to the requirements of Chapter 23 of this code with a density greater than 8.7 units per acre. (Ord. No. 4283, § 3, 4-9-01; Ord. No. 4398, § 11, 1-9-06)
Sec. 37-57.4. Prohibited uses.
Because of the mixed use nature of this zone, certain uses are expressly prohibited due their potential negative impact on surrounding land uses. These uses include:
(1) Asphalt plant;
(2) Meatpacking;
(3) Feed lot or stockyard;
(4) All salvage and recycling operations except when incidental to a use permitted outright;
(5) Solid waste handling facilities;
(6) Rendering plants;
(7) Junk yards, salvage yards or auto wrecking yards. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.5. Lot size.
In the MXD-NL Zone, the minimum lot size shall be as follows:
(1) None, except a residential use shall meet the minimum lot size for an R-4 Higher Density Residential Zone as set forth in section 37-53 of this code.
(2) If a lot is in residential use, or the aggregate of such contiguous lots or parcels platted prior to the time of the effective date of the ordinance codified in section 37-57.1 et seq. of this code are in residential use and do not meet the requirements of said R-4 Zone, the residential use shall be limited to a single-family residential use. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.6. Height.
In the MXD-NL Zone, the maximum height of any structure shall not to exceed forty-five (45) feet. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.7. Yards.
Except as provided in Article VIII, in the MXD-NL Zone the minimum yard requirements shall be as follows:
(1) Residential uses shall comply with the setback standards established for R-4 Higher Density Residential Zone uses as set forth in section 37-54 of this code.
(2) Residential accessory buildings shall conform to the requirements of section 37-131 of this code.
(3) New or expanded nonresidential structures shall be set back a minimum of fifteen (15) feet from any property line abutting an established residential use.
(4) Vehicle, equipment and storage yards and customer or employee parking lots established after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be set back a minimum of five (5) feet from any right-of-way line of a public street and a minimum of fifteen (15) feet from any property used for residential purpose. Such uses shall be screened from view by a screen in conformance with the standards itemized in section 37-87(3) of this code. The required setback from the public right of way for said vehicle, equipment, storage and parking lots shall be landscaped in accordance with standards set forth in section 37-153(b) of this code.
(5) No part of a required setback adjacent to an established residential use may be used for off-street parking or loading. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.8. Standards for development.
In the MXD-NL Zone, the standards for development shall be as follows:
(1) Heating, ventilating, air conditioning units, air compressors and similar mechanical equipment installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be located and directed away from adjacent residential uses and those residential uses across a public right-of-way sixty (60) feet in width or less.
(2) Exterior lighting, including parking lot lighting and security lighting, installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be shielded and directed away from adjacent lots in residential use and those residential uses across a public right-of-way sixty (60) feet in width or less.
(3) Solid waste handling equipment including compactors and bulky waste disposal units installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be placed a minimum of fifteen (15) feet from the property lines abutting established residential uses and those residential uses across a public right-of-way sixty (60) feet in width or less.
(4) Uses involving the service or repair of heavy equipment established after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall take place entirely within an enclosed structure; doors and access to said structure shall be oriented away from any adjacent established residential use.
(5) Use of loudspeakers and other amplified noise shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m.
(6) All parking lot development within the North Lewiston Mixed Use Zone (MXD-NL) shall be subject to the standards as set forth in section 37-151(a) of this code for all parking lot and landscape standards.
(7) Loading docks constructed or established after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be so located as to prevent headlights from shining onto adjacent existing residential units and shall be placed at least fifteen (15) feet from property lines abutting an established residential use.
(8) Any land graded for construction of any type, and not built upon within three (3) months of the date of initial clearing, shall be seeded with grasses to minimize dust generation and weed propagation; all such property shall be kept in conformance with Chapter 17 of this code.
(9) All construction sites shall be controlled to minimize dust generation during construction.
(10) The property owner or developer shall take appropriate measures to prevent mud and debris from being tracked onto public rights-of-way. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.9. Limitations on use.
In the MXD-NL Zone, uses which cause excessive noise or dust, discernible odor at the property line, vibration or electrical disturbance are declared to be nuisances and are prohibited. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.10. Required screening/buffer yards.
(a) Intent of screening: Screening is intended to preserve the enjoyment of residential properties and to minimize disturbances to residents.
(b) Where screening is required: Visual screening shall be required between abutting uses as follows:
(1) When a new commercial use is established adjacent to an existing residential use;
(2) When a new industrial use is established adjacent to an existing residential use;
(3) When an existing commercial or industrial use constructs a new facility, including, but not limited to, loading docks, parking areas, indoor or outdoor storage facilities, or a building expansion or major remodeling of structures within fifty (50) feet of an established residential use.
(c) Approved methods to provide required screening:
(1) Fencing may be used if a minimum of eight (8) feet in height and provides a solid appearance to block the view of the property from adjacent existing residential uses, subject to the provisions of subsection (d) of this section.
(2) Evergreen vegetation may be used if it is a minimum of six (6) feet in height at the time of planting and is so spaced that it will provide a visual screen within five (5) years of planting, subject to the provisions of subsection (d) of this section.
(3) Medium shrubbery with an expected maximum height between three (3) feet to six (6) feet may be used in a visual screen only if combined with deciduous shade trees of at least one-and-one-half-inch caliper at time of planting and an expected total height of at least thirty (30) feet in fifteen (15) years.
(d) Extent of screening required:
(1) Required screening shall be contained in a planting strip with a minimum depth of ten (10) feet, located entirely on the property providing the screening and shall consist of screening vegetation or solid fencing or a combination of both and shall contain one (1) one-and-one-half-inch caliper deciduous tree or one (1) minimum six-foot high evergreen tree for at least every thirty-five (35) linear feet of required screening.
(2) All required landscaping shall be provided an automatic irrigation system.
(3) Prior to the issuance of a certificate of occupancy, the developer of the property shall provide an acceptable landscape maintenance plan documenting a minimum three-year maintenance schedule and replacement of required vegetation. (Ord. No. 4283, § 3, 4-9-01)
Sec. 37-57.11. Establishment of residential use.
Provisions of sections 37-57.7, 37-57.8 and 37-57.10 of this code, which require setbacks, screening or other standards between an nonresidential use and a residential use, shall apply only when the established use of property is clearly residential in nature as determined by the community development director. (Ord. No. 4283, § 3, 4-9-01)
LOCAL COMMERCIAL ZONE C-1
Sec. 37-58. Local Commercial Zone C-1.
(a) Purpose: To permit the establishment of convenience business uses while minimizing their impacts on nearby residential uses. Such zones shall be located along collector and arterial streets. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 23, 10-25-99)
Sec. 37-59. Uses permitted outright.
In a C-1 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:
(1) Car wash, subject to the special conditions of section 37-60.1(1) of this code;
(2) Convenience food store;
(3) Day care center, subject to the special conditions of section 37-20.1(5) of this code;
(4) Drugstore;
(5) Personal service uses;
(6) Preschool, subject to the special conditions of section 37-20.1(6) of this code;
(7) Professional offices;
(8) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;
(9) Residential uses legally established as of December 31, 2004;
(10) Service station, subject to the special conditions of section 37-60.1(2) of this code;
(11) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;
(12) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 24, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4390, § 1, 2-14-05)
Sec. 37-60. Conditional uses.
In a C-1 Zone, the following uses and their accessory uses are permitted when authorized in accordance with standards and requirements of Articles IV and IX:
(1) Public/semi-public use;
(2) Other neighborhood commercial services which are not permitted outright but which are consistent with the purpose of the C-1 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses nor to nearby residential uses;
(3) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;
(4) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;
(5) A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, Article VII, Off-Street Parking and Loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 25, 10-25-99; Ord. No. 4328, § 2, 3-24-03)
Sec. 37-60.1. Special conditions.
(1) Car wash.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Parking and access to the site meets all applicable ordinances.
(c) Surrounding property will not otherwise be adversely affected.
(d) Any exterior lighting shall be directed or shrouded so as at not shine onto any adjacent properties.
(e) Requirements of Chapter 24, Article II of this code, Noise Control and Regulation, shall be met.
(f) If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height or a landscape buffer with an eighty (80) percent opacity rating, shall be installed on the outer perimeter of the lot and extending the full distance of the residential adjacency.
(2) Service station.
(a) The size of the site is shown to be reasonable for the intended use.
(b) Parking and access to the site meets all applicable ordinances.
(c) The surrounding property will not otherwise be adversely affected.
(d) Any exterior lighting shall be directed or shrouded so as to not shine onto any adjacent properties.
(e) Requirements of Chapter 24, Article II of this code, Noise Control and Regulation shall be met.
(f) If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height or a landscape buffer with an eighty (80) percent opacity rating, shall be installed on the outer perimeter of the lot and extending the full distance of the residential adjacency. (Ord. No. 4249, § 26, 10-25-99)
Sec. 37-61. Development standards.
In a C-1 Zone, the following development standards shall apply and be in force:
(1) Maximum combined building footprint of all uses shall not exceed a total square footage of four thousand (4,000) square feet.
(2) Maximum height for buildings: Thirty-five (35) feet.
(3) Maximum lot coverage: Fifty-five (55) percent.
(4) Minimum lot size: None.
(5) Minimum front yard: Twenty (20) feet (except as provided in Article VIII).
(6) Minimum side yard: None except twenty (20) feet when a property abuts a residential zone (except as provided for in Article VIII).
(7) Minimum rear yard: None except twenty (20) feet when a property abuts a residential zone (except as provided for in Article VIII).
(8) Signs: Signs shall be subject to the sign ordinance of the city.
(9) Off-street parking: Off-street parking is subject to the requirements provided in Article VII.
(10) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code. (Ord. No. 4108, § 2, 8-15-94)
Sec. 37-62. Development limitations.
In a C-1 Zone, the following limitations shall apply:
(1) In considering the plans for a proposed use, the zoning official shall consider the effect of the use on the surrounding residential property and may impose conditions which in his or her judgement are necessary to protect such property from any adverse effects of the proposed use. Such conditions may include but need not be limited to:
(a) Limiting lighting;
(b) Measures to reduce glare from roofs or siding into nearby residences.
(2) All activity in connection with a use permitted outright, other than off-street parking or off-street loading, shall be wholly within an enclosed building.
(3) Minimum screening: Side or rear yards ab