8-3-2: GENERAL STANDARDS:

   A.   Accumulation Of Junk:

      1.   Unless approved as a commercial junkyard, accumulation of junk on a property is only allowed on a property where a principally permitted junkyard use is lawfully established.

      2.   Property owners shall not store an accumulation of junk outdoors on more than one (1) acre or shall not exceed the maximum coverage allowed for the property, whichever standard is more restrictive.

      3.   All outdoor storage of an accumulation of junk is subject to screening standards of Section 8-3-7E of this Chapter. However, requirements to screen abandoned farm equipment do not apply to farms in a rural district.

      4.   An accumulation of junk shall not exceed the height of the sight obscuring screen.

   B.   Atmospheric Emissions: All atmospheric emissions (including, but not limited to, smoke, gas, dust, odor, or other atmospheric pollutants), without respect to whether the emissions are created outside the structure in which the use is conducted or within a completely enclosed structure, requires a permit, as provided in Idaho Code Section 39-115, through the Idaho Department of Health and Welfare.

   C.   Condominium Projects: All condominium projects shall comply with the requirements of any applicable base and overlay districts. If approved, the condominium project plat and declaration shall be certified by the County

      Surveyor and signed by the Board as provided in Idaho Code Title 50, Chapter 13 and Title 55, Chapter 15.

   D.   Contiguous Parcels: Abutting parcels held in the same ownership are considered one property for development purposes unless the owner can demonstrate one of the following:

      1.   The parcels comply with the regulations of this Title that were in effect at the time those parcels were recorded, and the parcels were originally conveyed and recorded under a single deed identifying each as a separate parcel;

      2.   The parcels comply with the regulations of this Title that were in effect at the time those parcels were recorded, and the parcels were originally conveyed and recorded under separate deeds;

      3.   Each of the abutting parcels is a conforming or nonconforming property as defined in Chapter 7 of this Title; or

      4.   Physical characteristics of the property prevent its use as one unit, for example, the properties are separated by a fee simple ownership and/or the properties are separated by a public right of way, public street, or irrigation canal.

   E.   Construction Sites: New development shall contain construction debris on site and prevent windblown debris from entering neighboring properties.

   F.   Dimensional Standards: Dimensional standards and required yards are established for each base district established in Chapter 2 of this Title.

      1.   Minimum Area And Dimension Requirements:

         a.   No property size, yard, parking area, or other space shall be reduced in area or dimension to make that area or dimension less than the minimum required.

         b.   If already less than the minimum required by this Title, that area or dimension shall not be further reduced.

         c.   This provision does not apply to non-buildable properties including, but not limited to, landscape lots, lots for private roads, drainage facilities, pump stations, metering stations and transmission/distribution substations.

      2.   Setbacks:

         a.   Approved signs are exempt from the setback requirements of Chapter 2 of this Title.

         b.   Corner lot setback determination.

            (1)   The front yard setback is required along the property line where the driveway enters the property. The side yard setback shall be provided along the side street property line as applicable to the roadway classification.

            (2)   The rear yard setback shall be provided either along the interior side property line or rear property line. The side yard setback shall be provided along the remaining property line (rear or interior side) as applicable.

      3.   Zero Lot Line Setback Development: Zero lot line development may be allowed in the R2, R4, R6, R8, R12, and R20 districts. For developments containing multiple zero lot line setbacks, reduced setback and street frontage requirements may be applied for concurrent with a preliminary plat application subject to the following standards:

         a.   The preliminary and final plats shall designate a building envelope for each property with a zero-lot line or abutting a zero-lot line setback.

         b.   In no case shall a zero-lot line setback be allowed adjacent to a property line that is not part of the subdivision.

         c.   Within the R12 and R20 districts, no lot shall have more than two (2) zero lot line setbacks.

         d.   For zero lot line developments within the R2, R4, R6, R8, R12, and R20 districts, reduced street frontage, up to twenty percent (20%) below the district standard, may be requested.

      4.   Required Yards: The front, side, and rear required yards shall not be occupied by any use or structure except for: fencing (see Section 8-3-6 of this Chapter for specific fence standards); landscaping; off street parking; drives; streets; signs; lighting; detached accessory structures two hundred (200) square feet or less in size and under ten feet (10') in height may be located in side and/or rear required yards only; patios; walkways; retaining walls; and/or certain architectural features as detailed below (see Figure 8-3-2-1 Projections in Required Yards):

         a.   Where the required setback is greater than ten feet (10').

            (1)   Cornices, canopies, eaves, or other architectural features shall not project more than two and a half feet (2.5') into the required yard.

            (2)   Fire escapes shall not project more than four and a half feet (4.5') into the required yard.

            (3)   Bay windows, balconies, and chimneys shall not project more than three feet (3') into the required yard if those features do not occupy, in the aggregate, more than one-third (1/3) of the building wall on which they are located.

   Figure 8-3-2-1 Projections in Required Yards

         b.    Where the require d setbac k is ten feet (10') or less.

            (1)   Cornices, canopies, eaves, or other architectural features shall not project a distance more than two feet (2') into the required yard.

            (2)   Fire escapes shall not project more than two feet (2') into the required yard.

            (3)   Bay windows, balconies, and chimneys shall not project more than two feet (2') into the required yard if those features do not occupy, in the aggregate, more than one-third (1/3) of the building wall on which they are located.

         c.   Height Limit Measurement: Chapter 10 describes how structure height is measured.

         d.   Height Limit Exceptions: The maximum height limitation established in the applicable base district do not apply to:

            (1)   Agricultural Structures;

            (2)   Chimney or Smokestack;

               (A)   Chimney or smokestack architectural features have a sixty foot (60') maximum height limit.

               (B)   A maximum height that exceeds sixty feet (60') may be allowed by variance or if specifically authorized as a component of a conditional use permit, subject to the standards identified in subsection e of this Section.

            (3)   Spire, Steeple, Belfry, Or Cupola:

               (A)   Spire, steeple, belfry, or cupola architectural features have a sixty feet (60') maximum height limit.

               (B)   The maximum height limit may be increased to eighty feet (80') if the architectural feature is found by the Director to comply with the standards identified in subsection e of this Section in conjunction with a review of a master site plan or building permit for the building to which the feature will be attached.

               (C)   A maximum height that exceeds eighty feet (80') may be allowed by variance or if specifically authorized as a component of a conditional use permit, subject to the standards identified in subsection e of this Section.

            (4)   Institutional Uses: Institutional uses (including church, hospital, public or quasi-public use, and school, public or private) that require conditional use approval may exceed the maximum height limitation prescribed by the applicable zoning base district if specifically authorized as a component of a conditional use permit; and subject to the standards identified in subsection F4e of this section.

            (5)   Towers, Commercial And Private: The following types of tower structures may exceed the maximum height limitation of the applicable base district subject to applicable specific use standards:

               (A)   Amateur Radio Antenna;

               (B)   Distributed Power Facility-Wind Freestanding Tower;

               (C)   Water Tower;

               (D)   Fire and Hose Tower;

               (E)   Observation Tower;

               (F)   Power Line Tower;

               (G)   Radio Tower;

               (H)   Paging Facility;

               (I)   Cellular Phone Facility;

               (J)   Cellular Tower;

               (K)   Television Tower;

               (L)   Bridge Tower; or

               (M)   Other Commercial or Personal Tower and/or Antenna Structure.

         e.   Architectural Feature Standards: An architectural feature(s) listed in subsections F4d(2) or F4d(3) of this Section which exceeds sixty feet (60') in height shall comply with the following standards:

            (1)   The mass of the architectural feature is in visual proportion and scale with the building to which it is attached;

            (2)   The exterior materials and colors of the architectural feature are appropriate to its mass, and are visually complementary with the building to which it is attached;

            (3)   The architectural feature does not significantly impede views from adjacent properties;

            (4)   The architectural feature does not include a sign; and

            (5)   Lighting of the architectural feature is limited to indirect lighting.

   G.   Grading: No grading, filling, clearing, or excavation of any kind, excluding grading associated with an agricultural use, shall initiate without County Engineer approval of a drainage study or drainage plan (see Section 8-3-5B of this Chapter), and as applicable, an approved hillside application (see Section 8-2-30 of this Title).

   H.   Hazardous Material Storage: The storage of any hazardous materials, as defined by Title 40 code of Federal Regulations part 261, or subsequent amendments, requires a list of those materials to be submitted to the Ada County Sheriff's Office, the Ada County Emergency Medical Services, the Ada County Development Services Department, the applicable fire district, and the Ada City-County Emergency Management Office, prior to issuance of a zoning certificate.

   I.   Outdoor Public Address System:

      1.   Outdoor public address systems or speakers for nonresidential uses are only allowed within the C2, M2, and M3 districts, or as part of an approved master site plan, accessory use, or conditional use.

      2.   The outdoor public address system shall comply with Section 5-13-3 (Noise-Prohibited Acts) of the Ada County Code.

   J.   Outdoor Storage Of Chemicals And Fertilizers:

      1.   The outdoor storage of chemicals and fertilizers including, but not limited to, salts or other minerals, are prohibited.

      2.   Also see subsection 8-3-7E4 of this Chapter for screening standards for outdoor storage areas.

   K.   Property Created By Court Decree: Any property created by court decree is recognized as a property for transfer of ownership and is eligible for development (including any building permits for renovation or repair of an existing structure) only if it complies with all applicable regulations of this Title (including, but not limited to, Chapter 2 and Section 8-6-21, One-Time Division, and Chapter 5 of this Title).

   L.   Pipeline Corridors: For any property for which there is a pipeline corridor easement (including, but not limited to, the Northwest Pipeline and Chevron Pipeline), appropriate setbacks from the pipeline facility shall be provided as determined by the easement holder.

   M.   Property Reduced By Governmental Action: If a governmental action (such as acquisition through prescription, purchase, or other means by Ada County, a municipality within Ada County, the Ada County Highway District, Idaho Transportation Department, utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, state, or federal agency) reduces an existing property below the required property size, the remaining property shall be deemed as a conforming property for the purposes of development. See also Section 8-7-4 (Nonconforming Properties) of this Title.

   N.   Renovation, Repair, Expansion, Or Replacement Of Dwelling: A zoning certificate for the renovation, repair, expansion, or replacement of a dwelling (including any existing or proposed accessory structures) may be issued to a property that meets the following criteria:

      1.   Has the required frontage and access onto either a public or an approved private road; or

      2.   An easement, recorded prior to May 20, 1968, that is at least twenty feet (20') wide, provides access to the property; and

      3.   The property was of record in the Ada County Recorder's Office prior to January 1, 1985; and

      4.   The property contains a dwelling that conforms to all applicable codes and/or ordinances; and

      5.   The property complies with the minimum property size of the base and overlay districts.

   O.   Transmission Line Corridors: All wire fences, metal structures, and metal objects within one hundred feet (100') of transmission lines shall be grounded.

(Ord. 1002, 10-28-2025)