Zone

Setbacks

5' minimum either side - total of 15'
(25' abutting residential)

5' minimum either side - total of 15'
(25' abutting residential)

¹As adopted by Ordinance 1135, effective August 2, 2005.
²As adopted by Ordinance 1136, effective August 2, 2005.
³As adopted by Ordinance 1152, effective July 26, 2006.
⁴As adopted by Ordinance 1178, effective August 23, 2007.

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ACCESSORY BUILDINGS

 Accessory buildings, except as otherwise permitted in Sandpoint City Code, Title 9, ‘Zoning,’ shall be subject to the following regulations:

1.  Where an accessory building is structurally attached to a main building, it shall be subject and must conform to all regulations of Title 9 applicable to the main building.
    

2. An accessory building may not be located nearer than five feet (5’) to an interior lot line and not nearer than five feet (5’) to the rear lot line.
    

3. No detached accessory building shall be located closer than ten feet (10’) to any main building.
    

4.  An accessory building shall not be erected prior to the establishment or construction of the principal use of a building.
    

5. In an alley where forty percent (40%) of the properties on a block have constructed accessory buildings on the rear property line, an accessory building may be constructed on the rear property line upon written approval of the Zoning Enforcement Officer.  Where forty percent (40%) of the properties on a block have constructed accessory buildings nearer than five feet (5') to the side property line, an accessory building may be constructed within eighteen inches (18") of the interior property line if the adjoining wall has a one hour fire rating and written consent of the adjoining property owner is filed with the building permit. An accessory building may be constructed on the interior property if in addition to the above, an easement is granted and recorded allowing access to the wall on the property line for maintenance.
    

6. Nothing in this title shall be construed as prohibiting or interfering with any retail business or other business operated and established within the boundaries of the foregoing residence zones at the time of the taking effect hereof.
    

7. It shall be unlawful for any person to move or cause to be moved any building or structure into any residence zone, if the construction of such building or structure within such zone would be prohibited.
    

8. No commercial trade or occupation shall be conducted, nor shall any structure be used for commercial purposes within any residence zone, except as is permitted by this provision and the provisions governing the residential zones.
    

9. No house trailer shall occupy any lot or part of a lot in any residential zone, except in such areas thereof as may be designated for trailer courts and as provided in section 9-3-3 of Title 9. 

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GENERAL ZONING PROVISIONS

The following are excerpts from Sandpoint City Code, Title 9, Zoning.  Complete copies are available upon request.

1. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.  No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations of the zone in which the building is located.
    

2.  All streets, alleys, and railroad rights-of-way (if not otherwise specifically designated) shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, or railroad rights-of-way.  Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley to the centerline (unless otherwise specifically designated) shall be deemed to be the same as that of the abutting property.
    

3. The Planning Commission shall have the power to alter the required setback line in case of public or semipublic buildings after a public hearing and after a showing that such action will not cause damage and will be in accord with the general purpose of Title 9.
    

4.  Prior to the review and issuance of a building permit, all proposals for the construction or expansion of residential, commercial, and industrial structures shall be approved or rejected through a site plan review process.  The review process shall involve the Planning, Public Works, and Fire Departments, and shall apply to all zones in the City where the proposed use and structure are permitted outright.  Provided single-family dwellings, duplexes, or expansions to commercial and industrial buildings which increase building size by less than 2,000 square feet, when outright permitted shall be exempt from site plan review.  Appeals to the requirements placed on proposals during the site plan review process shall be referred to the Planning Commission for review and decision.  Nothing in this provision shall preclude the Planning Director from referring to an issue(s) regarding a proposal to the Planning Commission for the benefit of their advice.  However, the aforementioned exemption will not apply to subsequent expansions.*
    

5. No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court, or other open space required by Title 9 may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court other open space requirement of or for any other building.
    

6.  An open terrace, including a roofed-over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15’).  A one-story bay window may project into a front yard not more than three feet (3’).  Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen inches (18”).*
    

7. The minimum yards or other open spaces, including lot areas per family required by Title 9 for each and every building existing or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.
    

8. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot, which is defined as a parcel or plot of land occupied or suitable for occupancy by one main building or use, with accessory buildings, and having its principal frontage upon a public street or highway.  In no case shall there be more than one such building on one lot unless otherwise provided in Title 9.
    

9. No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25’) unless an easement of lesser width was of record prior to the effective date of Title 9.
    

10.  No wall, fence, or shrubbery shall unreasonably obstruct or interfere with traffic visibility.
     

11. Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date hereof and upon which building actual construction has been diligently carried on; and, provided further, that such building shall be completed within one year.
     

12. An area indicated on the official zoning map as a public park or recreation area, public utility area, cemetery, public school site or semipublic open space shall not be used for any other purpose and when the use of the area is discontinued, it shall automatically be zoned residence A one-family district, until otherwise zoned.
     

13. Any area annexed to the city shall, upon such annexation, be automatically classified "unzoned" until otherwise zoned.
     

14. FENCES: A fence or wall shall be placed no closer than one (1) foot to the current or future sidewalk location. Earth mounding or any other similar method shall not be used to raise fence height, unless the fence is adjacent to an arterial, State Highway, or Industrial or Commercial property.
    1.  On interior lots:
         a.   In the required front yard setback, fences and walls shall be allowed to a maximum height of four
              (4) feet.
         b.   In side and rear yards, fences and walls shall be allowed to a maximum height of seven (7) feet.
    2.  On corner lots:
         a.   In the required front yard setback, fences and walls shall be allowed to a maximum height of four
              (4)feet.
         b.  In side and rear yards, fences and walls shall be allowed to a maximum height of seven (7) feet, except
              on street-facing side yards, fences and walls shall be limited to maximum height of four (4) feet.
         c.  Clear Vision Triangle (Idaho Code 49-221) shall be maintained.*
     

15. Exceptions for previously platted lots:
    1.   Development of single family dwelling units will be allowed on individual nonconforming lots created and
          existing prior to March 10, 1980, providing that the non- conforming lot has a minimum of 7,100 square
          feet of area and a minimum of 50 feet of frontage, subject to setback, lot coverage, and building height
          requirements as set forth in the applicable residential zone.
    2.   Development of platted lots less than 7,100 feet in size:
          a.   If the individual lot was under separate individual ownership (with the owner not owning an adjacent
                lot) prior to March 10, 1980 - Development will be allowed.
          b.   If the individual lot was not under separate individual ownership prior to March 10, 1980 -
                Development will be allowed with conditions.
                i.  Existing lots of five thousand five hundred (5,500) square feet or greater with a minimum of forty-
                     five (45) feet of frontage can be developed under the following conditions:
                     (1) At least two thousand four hundred eighty five (2,485) square feet of the lot shall be pervious
                          surfaces.
                     (2) No more than thirty percent (30%) of the lot is covered by impervious surfaces (such as
                          pavement).
                ii. The Planning Director may require alteration of required building site plan so as to seamlessly
                    integrate a smaller lot development within the neighborhood.  These alterations could be, but are
                    not limited to, parking lot placement, setbacks, and storm water drainage concerns.

    3. All lots presently developed with individual legally established housing units will be recognized as building lots for replacement of existing housing units.*

*As amended by Ordinance 1135, effective August 2, 2005.

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ADDITIONAL REQUIREMENTS

• Property owners shall be responsible for the construction of sidewalks, curbs, and gutters that meet the City’s standards (available upon request) for all nonresidential zoning districts, all planned unit developments, all mobile home zoning districts, all new subdivisions including short plat subdivisions, any new multi-family residential development with three (3) or more dwelling units, or new construction by one contractor or owner of two or more contiguous residential lots, installation or paving of any parking lot, and single-family homes and duplexes when there are existing sidewalks on immediately adjoining properties (Ordinance No. 1083).
   

• Hard surfacing of all parking facilities shall be required.  All hard surfacing must comply with all other applicable City codes including the storm water management code.  Hard surfacing is defined as a surface constructed of asphalt, concrete, polymer blocks, or other like substance recognized in the industry as providing a pavement-like surface, which like substance is approved by the City Engineer or Public Works Director (Ordinance No. 1084). 

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