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Chapter 1(F); Non-conformities

By Vanessa Alexander,2014-04-13 21:21
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Chapter 1(F); Non-conformities

    Chapter 1(F); Non-conformities

    The following additions are proposed for inclusion into Salmon Development Code

    Chapter 1(F); Definitions; Non-Conforming Lots, Uses, Buildings, and Structures

Definitions:

    Lot of record Any lot or parcel which has been recorded in the county recorders office prior to the adoption of this code.

    Non-conforming Term to describe any use, lot, building, structure or sign existing prior to the effective date of this code which does not comply with the standards of this code. (Same as non-conformity or grandfathered)

    Non-conforming lot - A lot or parcel whose area, width and/or depth is less than that required by the zone in which it is located, established prior to the effective date of this code which does not fully comply with the standards of this code.

    Non-conforming building - Any building established prior to the effective date of this code which does not fully comply with the standards of this code.

    Non-conforming structure - Any structure, established prior to the effective date of this code which does not fully comply with the standards of this code.

    Non-conforming use - An activity or condition for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained which was established prior to the effective date of this code or which would not be permitted by or is not in full compliance with the present regulations of this code. Use The purpose or activity for which land or any building thereon is designed, arranged, or intended or for which it is occupied or maintained.

    8. Non-Conforming Lots or Parcels

    a) Non-conforming lots or parcels created prior to the adoption of this code shall be considered legal non-

    conforming unless otherwise specified by this code.

    b) A non-conforming lot or parcel, as defined by this code, shall be entitled to the same development rights

    such as a conforming lot or parcel would otherwise have.

    c) Lots of record that were created without city approval or a permit prior to the date of adoption of this

    code shall be considered legal non-conforming unless otherwise specified by this code.

d) New development of non-conforming lots or parcels created prior to the adoption of this code shall meet

    access, setback, building height, lot coverage, building size and all other applicable performance

    requirements of the zone in which the property is located.

    e) Established lots or parcels may become non-conforming as a result in changes in zoning, but non-

    conforming lots or parcels shall not be created by record of survey, conveyance, deed, aggregation,

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    subdivision, lot split, lot line adjustment, amended subdivision plat, the granting of a variance, special

    use permit, conditional use permit, development permits or other mechanism without a permit or unless

    otherwise allowed by this code.

    f) No lot, parcel or lot line shall be created that results in an established building or structure on a lot or

    parcel that does not meet the minimum setback requirements and applicable performance standards of

    this code, results in an established building or structure on a lot line separating lots or parcels, results in a

    lot line or parcel extending into or through a public right-of-way, or otherwise results in the creation of

    any non-conformity.

    g) Any lot or parcel which contains more than one established single-family dwelling may be divided into

    separate non-conforming lots or parcels if the residences meet access, setback, building height, lot

    coverage, building size and all other applicable performance requirements of the zone in which the

    property is located.

    h) Any lot or parcel which contains an existing duplex (two attached dwelling units that form one structure)

    may be divided into separate non-conforming lots or parcels if the residences meet access, setback,

    building height, lot coverage, building size and all other applicable performance requirements of the zone

    in which the property is located, and if the structure meets all applicable International Building Code and

    Uniform Fire Code Standards.

    i) All lots or parcels or portions thereof that extend into a city public right-of-way, that were not created by

    a street vacation or permit process, and were created by deed or other mechanism that did not otherwise

    involve city participation or a permit prior to the date of adoption of this code shall, upon initiation of

    due process and negotiation by the city, be subject to re-acquisition by the city on a case by case basis.

    j) Adjustments to non-conforming lots or parcels shall not result in a greater non-conformity or render

    conforming lots non-conforming; unless

    k) A reduction in size of a non-conforming lot or parcel may be approved if it contributes to bring an

    adjacent non-conforming lot or parcel closer to conformance.

    Chapter V, Table V.2 and Table V.3.e

    Setbacks and definitions for Residential zones proposed for change

    or inclusion into the Salmon Development Code

Definitions:

    Base of a building Contact between the lowest foundation or wall of a building and the lowest natural elevation of undisturbed ground surface of a lot at the contact.

    Building height The vertical distance from the mean natural grade to the highest point of a building. Building height excludes chimneys, vents and antennae.

    Building height - The vertical distance from the base of a building to the highest point of a building. Building height excludes chimneys, vents and antennae.

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    Height

    Elevation

    Base of Building

    Garage For the purpose of this section, a garage is an attached or detached building designed and used for indoor vehicle parking or storage, other than living space, and is clearly subordinate to the principle structure or residence.

    Residence For the purpose of this section, the living space area used for cooking, dining, sleeping, shelter and habitation.

    Setback - The distance between the property line and the outer wall of the building on the same lot. (Definitions, Chapter XI NN.)

    1. The front setback is measured fro the lot line paralleling a public street to the principle building.

    Corner lots have two front yards.

    2. The rear setback is measured from the rear lot line to the principle building. The rear lot line is

    parallel, or more or less parallel, to the street. Corner lots have two rear yards, but may treat either

    as a side yard for the purposes of this ordinance.

    3. The side yard setback is measured from the side lot line to the principle building.

    4. Additions or alterations to existing nonconforming buildings may align with the present front

    yard setback, all other setbacks shall be adhered to (Move to E,d. below). Freestanding structures

    shall be required to meet the 25 foot setback requirement (Move to F,a. below).

    XX. Yard The area between lot lines and the building created by the required setbacks. An open

    unoccupied space, other than a court, unobstructed from the ground to the sky, between a lot line and building line.

    Yard, front A yard extending the full width of the front of a lot between the front (street) right-of-way line and the front building line.

    Yard, rear A yard extending the full width of the lot in the area between the rear lot line and the rear building line.

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    Yard, side A yard extending the full length of the lot in the area between a side lot line and a side building line.

    YARD AREAS

     C

     O

     W

    B Front A

    O L

    Y L Side E

    W Y

    A

    Y

     Side

    Rear

A. Maximum building height:

    No point on a building in a residential zone shall exceed 35 feet in height, excluding chimneys, vents,

    and antennae.

B. Basic residential front, side and rear setback standards:

    a. 25 feet minimum front yard setback for all residences and structures fronting arterial or collector

    streets unless otherwise allowed by this code.

    b. 15 feet minimum front yard setback for all residences fronting residential streets unless otherwise

    allowed by this code.

    c. 25 feet minimum front yard setback for all attached or detached garages or carports providing

    primary access to residential, arterial or collector streets unless otherwise allowed by this code.

    d. 15 feet minimum side yard setback for all structures on a corner lot of intersecting residential, arterial

    and collector streets unless otherwise allowed by this code.

    e. 10 feet minimum side and rear yard setback for all structures unless otherwise allowed by this code.

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C. Additional Setbacks

    The following additional setback standards shall apply to development in all residential zoning districts:

1. Front yard setbacks:

    a. 25 feet minimum front yard setback along a residential street for all structures over 30 feet in height.

2. Side and rear yard setbacks for residential structures:

    a) 10 foot minimum side and rear yard setback of interior lots.

    b) 15 foot side yard setback on a corner lot of two intersecting residential streets.

    c) 10 feet for the third corner of a lot at the intersections of three intersecting residential streets.

    d) 15 feet minimum side and rear yard setbacks for residences greater than 20 feet in height.

    e) 15 feet minimum side setback the corner of a lot facing arterial or collector streets.

    f) For residences over 30-feet in height, 20 foot minimum side and rear yard setbacks, including side

    yard setbacks on a corner lot of intersecting residential, arterial and collector streets.

3. Side and rear yard setbacks for detached accessory structures:

    a) 5 foot minimum side and rear yard setback for structures 14 feet or less in height, 10 feet for

    structures greater than 14 feet in height.

    b) 5 feet minimum setback for all accessory structures that face an alley.

    c) 10 foot side yard setback on the corner of a lot at intersecting residential streets.

    d) 15 feet minimum side setback the corner of a lot facing arterial or collector streets

    e) 15 feet minimum side and rear yard setbacks for structures greater than 20 feet in height.

    f) For structures over 30 feet in height, 20 foot minimum side yard and rear yard setbacks.

    g) For structures over 30 feet in height on a side or rear yard facing a street, 20 foot setback from the

    street.

4. Side and rear yard setbacks for structures that access an alley:

    a) 20 foot rear yard setback for attached or detached garages or carports that access an alley from the

    side or rear yard.

    Note: The 20 foot requirement is to allow parking of a vehicle.

    a) All structures and development along an alley shall conform to clear vision criteria as required by

    Chapter VI.C.2 of this code.

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    5. Where the front and rear of a lot borders two or more residential streets, the rear yard setback standards shall apply to all development if the following criteria are met:

    a) The front and rear of the lot is defined and identified.

    b) The rear of a new or existing principle building (the rear of the residence) does not have access to the

    street facing the rear of the residence; and

c) Primary access to the residence in located in the front yard; and

    d) The driveway for primary access to a public street is located in the front yard; and

    e) Where access is proposed to both the front and rear of the property, Section B(a-d) shall apply to both

    frontages.

    D. Eve encroachment:

    A three (3) foot encroachment of the eve is permitted into all setbacks.

    E. Exemptions and exceptions to setbacks:

    a) Uncovered decks, porches and concrete pads 36 inches or less in height.

    b) Un-enclosed covered steps to a residence that are not part of the indoor living space of the residence.

    c) Architectural features that do not provide indoor floor living space may project up to three (3) feet

    into front, side and rear yards, specifically; eaves, bay windows and unenclosed porches.

    d) Structural alterations and additions to existing nonconforming buildings may align with the present

    front yard setback on residential streets.

    e) Structural alterations and additions of no more than 20 percent of the ground floor living space to

    residences with nonconforming setbacks may align with the present internal side yard or rear yard

    setback of the existing residence if the residence is 5 feet or more from the property line. Attached

    garages shall not be used to calculate living space.

    F. Non-exempt requirements:

    b) Freestanding or temporary structures shall meet all setback requirements unless otherwise allowed by

    this code.

    c) Structures that do not require a building permit shall meet all setback requirements unless otherwise

    allowed by this code.

    d) Structural separation of buildings shall conform to the requirements of the International Building

    Code and Uniform Fire Code.

    e) All structures and development shall conform to clear vision criteria as required by Chapter VI.C.2 of

    this code.

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    PLANNED UNIT DEVELOPMENT (PUD)

    1. PURPOSE

    To promote creative and attractive high quality mixed use development. To provide a streamlined process for greater manageability of projects that allow for a mixture of uses compatible with the traditional mix of uses in the area. Because of their unusual or special characteristics, a PUD shall be considered a Special Use subject to final approval by the City Council.

PUD‟s encourage developments to provide:

    ; A development pattern which preserves and utilizes natural topographic and geologic features, scenic

    vistas, vegetation and wildlife habitat, and avoids the disruption of natural drainage patterns. ; A greater diversity of living environments with a mixed variety of housing types, densities and uses. ; A more efficient use of the land than may be achieved through conventional zoning and subdivisions. ; Convenience of location for open space, recreation and commercial areas for local residents. ; Compatibility of uses that are interrelated.

    ; Preservation of productive agricultural lands.

    ; Socially desirable objectives to meet community needs not otherwise feasible under conventional

    zoning.

    2. AUTHORITY

    Idaho Code Section 67-6501 Planned Unit Developments, allows a PUD to be processed as a Special Use Permit.

    3. DEFINITIONS

    Planned Unit Development (PUD) An area of land in which a mixed variety of residential,

    commercial, industrial, and other land uses are identified as a comprehensive development strategy. Such an area may be approved as an overlay on the existing zoning district.

    4. PROCEDURES

    a) A PUD shall follow Chapter III (I) Special Use Permit procedures and Chapter III (G) Subdivision

    procedures. In the event of conflict between this chapter and any other provision of the Salmon

    Development Code, this chapter shall control. All PUD‟s shall conform to the special use

    performance standards applicable to the underlying zone unless otherwise specified by this ordinance.

    b) A PUD may be permitted pursuant to the provisions of Chapter II(I) Special Use Permits and Chapter

    VI-Performance Standards applicable to all developments.

1. Planning Commission Action:

    a) The Planning and Zoning Commission shall conduct a public hearing pursuant to Chapter III (I)

    Special Use Permits. If a PUD necessitates any division of land, an application for a subdivision

    and a preliminary plat shall be reviewed by the Planning and Zoning Commission concurrently

    with the application for the PUD.

    b) No public hearing will be conducted if the applicant is not present.

    c) The Planning and Zoning Commission shall determine whether the application is in compliance

    with the comprehensive plan, the underlying zoning district, this ordinance and the Salmon

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    Development Code, and may recommend in a Record of Decision to approve, approve with

    conditions, or disapprove the application and preliminary plat.

    2. City Council Action:

    a) The Zoning Administrator shall forward the Planning and Zoning Commission‟s Record of

    Decision to the applicant and City Council. The City Council shall then hold a public hearing for

    a final decision. The City Council shall consider the Record of Decision and the preliminary plat,

    and any additional testimony. The Council shall have the right to request further information

    deemed necessary at any time during the proceedings. The application for a PUD and preliminary

    plat may be approved, approved with conditions, or disapproved by the City Council.

    b) In the event of an unfavorable recommendation by the P&Z, but the Council subsequently made

    favorable findings, the Council may approve the application or remand the proceedings back to

    the Planning and Zoning Commission for further findings and clarification.

    c) If remanded back to the P&Z by Council, an unfavorable decision by the P&Z may then be

    appealed to the City Council pursuant to Chapter III(N) Appeals.

    d) During the public hearing process, the Council shall make its own findings of fact and reasons to

    determine:

    1. Whether the PUD will be harmonious with the surrounding neighborhood; and

    2. Whether the PUD generally complies with applicable components of the Salmon

    Comprehensive Plan and Salmon Development Code; and

    3. Whether the PUD is reasonably necessary for the orderly development of the city.

    3. Preliminary and Final Plat approval criteria:

    a) After approval of a PUD Special Use Permit and preliminary plat of the subdivision, and upon

    satisfaction with the terms and conditions of the Special Use Permit and Chapter IX Required

    Improvements, the applicant shall file a final plat for the PUD with the Zoning Administrator in

    accordance with the terms and conditions of Chapter IX.

    b) If approved as a phased development, a preliminary plat and final plat shall be filed for each stage

    of development in conformance with the approved PUD and development plan. All conditions of

    preliminary plat approval shall be satisfied prior to filing the final plat.

    c) The City Council shall review the final plat to determine whether it complies with the conditions

    of approval of the SUP. If Council determines the final plat satisfies all requirements and

    conditions of the PUD approval, it shall approve the final plat.

    d) The Council cannot attach new conditions on a final plat nor deny a final plat for reasons not

    presented during the PUD Special Use Permit and preliminary plat review process. For final plat

    approval, the developer need only demonstrate to Council that it has met all conditions attached

    to preliminary plat approval.

    4. Change in Development Plan:

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    In the event a subsequent development proposal materially or substantially differs from the

    development shown in the approved PUD, the PUD may be revoked or denied. Any changes or

    additions to the approved development plan and plat shall necessitate Planning and Zoning

    Commission and City Council approval pursuant to the procedures described above.

    5. APPLICATION PROCESS

    1. Pre-application conference required:

    A pre-application conference(s) with the Zoning Administrator, City Administrator and other affected

    departments, committees and agencies is required to discuss criteria for a PUD. There is no cost for

    this service. Please schedule your meeting at least two weeks in advance to allow the administrator(s)

    to contact these departments and agencies. As at this conference, the applicant(s) will present a

    conceptual design and scale of the project and an estimate of their cost for street improvements and

    required infrastructure for the development.

2. General Qualifications for Application Completeness:

    a) Where an application for a PUD is initiated by the owner or agent of the owner of the property(s),

    the application shall be authorized by signature of the owner(s) of the property(s).

    b) A completed application, supporting materials, and fee shall be filed with the Zoning

    Administrator by the owner of the real property or by at least one holder of an interest in real

    property for which the PUD is proposed. Incomplete applications will not be accepted, and will

    cause delay in the processing and scheduling of the public hearing.

    c) Upon submittal of an application, the Zoning Administrator will determine the application for

    completeness. If an application is determined to be incomplete, the administrator shall contact the

    applicant and request the materials necessary for completeness.

    d) Upon determining the application to be complete, the Zoning Administrator shall schedule the

    application for a public hearing with the Planning and Zoning Commission.

    6. TIME LIMITATION

    a) No request for a PUD shall be considered by a review body within a one year period immediately

    following a previous denial of such request.

    b) A permit for a PUD will become null and void if all development permits and building permits have

    not been approved and development has not progressed within two (2) years of the date of City

    Council approval, or if development permits or building permits have expired.

    c) A permit for a PUD will be limited to 3 (three) consecutive one year time extensions. Requests for

    extensions of time shall be reviewed administratively. A fee of one hundred fifty dollars ($150.00)

    for a time extension shall be established by resolution.

    Requests for time extensions shall be based on the following criteria:

    ; The nature of the project and original conditions of permit approval.

    ; Development is unable to occur due to circumstances beyond the control of the owner.

    7. ZONING DESIGNATION

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    a) A PUD may be approved as an overlay of the existing zoning designation. The City shall,

    concurrently with the application for a PUD, consider the underlying City zoning designation(s)

    consistent with the requirements (including notice provisions) and standards of the Salmon

    Development Code.

    b) In the event that a proposal for a PUD deviates substantially from to the required density and

    permitted uses of the underlying zoning district, the P&Z shall may consider an application for a zone

    change prior to consideration of concurrently with an application for the PUD.

c) Pursuant to Salmon Development Code Chapter V-Table V.1 any PUD proposed in an Agricultural

    Zoning District shall necessitate change of zoning designation.

    8. GENERAL CRITERIA:

    a) The property must be within the City limits; and

    b) Must front existing public right of way(s), or provide public access to public right-of-way(s).

c) Must be within three hundred (300) feet of serviceable city water distribution and/or sewage

    collection lines; or already be connected to city water and sewer lines, and

    d) Street circulation must be compatible with the Transportation Master Plan or future transportation

    plans. Traffic patterns shall enhance the connectivity of existing and proposed transportation systems.

    If the PUD is part of a master plan for future development, include future conceptual street

    circulation.

e) A PUD may not be established on less than 3 acres unless the Planning and Zoning Commission

    finds that the property is otherwise suitable due to its unique location, character, topography, or other

    natural features, or is of sufficient size to be consistent with the intent of this chapter.

f) All PUD‟s shall comply with all applicable criteria of Chapter III (G) Subdivision Permits, Chapter

    VI - Performance Standards, Chapter VII Lot Split and Subdivision Regulations, and Appendix G

    Platting of Lot Spits and Subdivisions, Chapter IX Required Improvements, and all other applicable

    criteria of the Salmon Development Code.

    g) A PUD may be allowed in any underlying zone within the City Limits. However, uses in the PUD

    shall not vary significantly from uses permitted in the underlying zone; and

    h) The proposal is supported by specific studies and other factual information which addresses the

    potential impacts to the city; and

    i) The PUD must comply with all applicable components of the Salmon Comprehensive Plan and

    Salmon Development Code.

    9. DEVELOPMENT AGREEMENT

    a) A Development Agreement shall be signed prior approval of the Special Use PUD. All development

    shall comply with applicable criteria enumerated in Salmon Development Code Chapter IX-Required

    Improvements.

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