CHAPTER 10

AREA of CITY IMPACT

Section I
City of Jerome

10-1 GENERAL
10-2 BOUNDARIES
10-3 ESTABLISHMENT, REVIEW AND AMENDMENT
10-4 APPLICABILITY OF JCZO
10-5 ANNEXATION
10-6 INFRASTRUCTURE
10-7 ZONING DISTRICTS WITHIN THE AREA OF CITY IMPACT
10-8 ADDITIONAL STANDARDS WITHIN ZONES
10-9 REGULATIONS FOR SUBDIVISION
10-10 REGULATIONS WITHIN ZONES

10-1 GENERAL
The establishment and modification of the Area of City Impact is authorized by Idaho Code Section
67-6526. The purpose of this Ordinance (the City/County Agreement) is to proactively plan for
orderly and consistent development where annexation is anticipated to occur for the next ten
years by providing standards for development for the growth within the Areas of City Impact; to
promote the public health, safety, and the general welfare of the citizens of Jerome County; to
ensure protection for municipalities and landowners against adjacent, incompatible development
by establishing zoning districts; and to organize and manage growth by establishing Land Use
regulations for those zones.

10-2 BOUNDARIES

A. Pursuant to the above referenced statement of purpose, Areas of City Impact are the areas
designated on the Jerome County Zoning Map (attached as “Exhibit A”), and as further
described in the legal description attached thereto (attached as “Exhibit B”), hereby fully
incorporated by reference, copies of which are available for inspection at the Office of the
Clerk of the City of Jerome, Jerome County Recorder’s Office and the Jerome County Planning
& Zoning Office.

B. Any hearing or other action by the city which causes a change in city limits, shall stand as the
basis for Exhibits “A” and “B”; as well as the County’s Zoning Map, being amended in
conformance therewith. No other county action, by way of hearings or otherwise, shall be
required for the incorporation of such amendments.

C. In circumstances where a property under single ownership is divided by the boundary line of
an Area of City Impact the property shall recognize the respective zones that are designated
on the official Zoning Map. If the property is divided along the Area of City Impact boundary
line, resulting in one parcel lying in the Area of City Impact and the other not, then each parcel
will become an Original Parcel (see JCZO Chapter 14).

JCZO Chapter 10 – Section I Page 1

10-3 ESTABLISHMENT, REVIEW AND AMENDMENT

A. Jerome County shall work cooperatively with each of its municipalities to develop and review
the County’s Comprehensive Plan and corresponding Ordinances for Areas of City Impact.

B. Governing boards shall undertake a review of Agreements, Ordinances, and Comprehensive

Plan policies regarding Areas of City Impact at least every 10 years, in accordance with Idaho
Code §67-6526 (e).

C. Negotiation for amendments to this Ordinance shall follow procedures outlined in State Code
as well as amendment provisions for each entity’s specific document or Ordinance.

10-4 APPLICABILITY OF JCZO

A. The Jerome County Zoning Ordinance (JCZO) shall govern over those matters within Areas of
City Impact that are not specifically covered by this Ordinance. In the event of conflict between
this Ordinance and the JCZO, the language of this Ordinance shall control. Specifically, the
application, notice and hearing procedures of the JCZO, shall control specific permits (i.e.
Special Use or Land Division Permit).

B. Notification of Public Hearings and Land Divisions within the Area of City Impact zone shall be
sent to the City for review and comment. For consideration in the review process, the City
shall reply no later than seven (7) days prior to the Hearing.

C. If a recommendation is received from the City, it shall be given great weight by the County,
provided it is legally and factually supported, however such recommendation shall in no way
obligate the County.

D. If no response is received, the County may proceed without a recommendation from the City.

E. The County shall notify the City of its final decision in the matter by forwarding a copy of all
final documents reflecting the action taken by the County.

10-5 ANNEXATION
Annexation by the City shall be limited to those lands lying within Areas of City Impact and shall
be contiguous to the boundaries of the City. Properties not within Areas of City Impact that are
contiguous to the boundary of the City shall be allowed annexation when requested by an owner,
as provided for in Idaho Code, Section 50-222.

A. Prior to annexation of land into the city, the County and City shall meet and jointly determine
the renaming and/or readdressing of any previously named county road. Every attempt to
maintain consistency, limit potential confusion, and assist Emergency Services in providing
directions to First Responders shall be made by extending the altered name and/or addressing
sequence to the nearest intersection or most logical point of termination whenever possible.
The County shall continue to be the addressing authority for all properties within its
jurisdiction.

JCZO Chapter 10 – Section I Page 2

 B. Upon annexation, the provisions of the JCZO shall no longer apply to the annexed area. The
City shall notify the Board of County Commissioners and the Jerome County Planning & Zoning
Office when annexation is being considered and when annexations are completed.

10-6 INFRASTRUCTURE
The City shall notify the County prior to placing any city infrastructure outside of the City’s limits
and within the County’s jurisdiction.

10-7 ZONING DISTRICTS WITHIN THE AREA OF CITY IMPACT

A. Airport Overlay Zone (ARO)

An Airport Overlay Zone (ARO) applies to those areas surrounding public/commercial airports.
Purpose: to prevent the creation of aviation hazards, which endanger the health, safety, and
welfare of the public, as well as users of the airport. The Airport Overlay Zone is established
to protect airport airspace and prevent the encroachment of noise sensitive or incompatible
land uses within certain areas of the airport. All land within both the (ARO) and Areas of City
Impact shall be subject to the provisions of this Ordinance and specifically Chapter 12 of the
JCZO.

B. Agriculture Limited Zone (IMP-AL)

The Agriculture Limited Zone is intended to encourage Agricultural Uses and those activities
that support agriculture while limiting livestock confinement operations. This zoning
designation will also prevent premature conversion of rural land for non-agricultural
development by limiting residential density.

C. Residential (IMP-RES)
The Residential district is intended to provide and promote residential density of one acre or
less to minimize potential water, sewer, and access problems common to scattered rural
residential development, and to assure that the layout of any such developments will be
compatible with city standards when eventually annexed.

D. Commercial (IMP-COM)
The Commercial district is designed to accommodate and promote business developments
which may differ in size and use; to encourage the grouping together of businesses, both
public and semi-public, that are capable of being operated under such standards as they will
be unobtrusive and not detrimental to surrounding uses. Uses permitted in this zone are those
which are clean, quiet and free of hazardous or objectionable elements such as noise, odor,
dust, smoke, or glare. No new residential housing would be permitted within this zone. The
property along state and federal highways will be developed with strict sign standards,
landscaping design, lighting and parking standards to enhance highway corridors and
entrances into the community.

E. Industrial (IMP-IND)
The Industrial district is designed to provide for convenient employment centers of light
manufacturing, research and development, warehousing, and distributing. This district is
intended to encourage the development of industrial uses that are clean, quiet, and entirely
or almost entirely, within enclosed structures. Accessibility to transportation systems is a
requirement of this district. No new residential housing would be permitted within this zone.

JCZO Chapter 10 – Section I Page 3

10-8 ADDITIONAL STANDARDS WITHIN ZONES
In addition to the customary standards found in the JCZO, the following regulations shall apply
within Areas of City Impact.

10-8.01 Roads

A. The appropriate Highway District will determine infrastructure requirements for access
control, public streets and roads.

B. The City may recommend additional requirements for private roads, which the Board may
impose as a condition of the permit.

10-8.02 Building/Fire Codes

A. The appropriate Fire District shall determine fire requirements within Areas of City Impact,
including but not limited to requiring fire hydrants.

10-8.03 Agricultural Limited (IMP-AL)

A. Residential density shall not exceed one dwelling per parcel.

B. Residential housing that is to be developed shall connect to municipal sewer and water
systems if the property line is within 300’ of the systems and if the system is accessible for
connection. If sewer and water connection is not available or beyond 300 feet from the
property line, septic and wells shall be allowed according to state regulations.

C. Parcels shall be allowed one Regulated Land Division with proper application and permit as
outlined in Chapter 14 of the JCZO. Only one of the Resulting Parcels therefrom shall have a single
residence or residential building right. The other Resulting Parcel shall be deemed unbuildable
for residential purposes and shall have such “unbuildable” status noted on the recorded Land
Division Survey and Deed.

D. Animal Unit density shall not exceed two (2) Animal Units per acre. An Animal Unit is defined in
Chapter 2 of the JCZO.

10-8.04 Residential (IMP-RES)

A. Residential density may be greater than one dwelling per one acre if each home will be
connected to a municipal or community sewer and water system. Land Divisions of less than
20 acres shall not be allowed without connecting into a municipal or community sewer and
water system. Land Division density shall be one home per 20 acres.

B. Residential housing that is to be developed shall connect to municipal sewer and water
systems if the property line is within 300’ of the systems and if the system is accessible for
connection. If sewer and water connection is not available or is beyond 300 feet from the
property line, septic and wells shall be allowed according to state regulations.

C. Manufactured & Mobile Homes are permitted within this zone as long as they meet the
adopted local and State codes. There is no age limitation on such homes.

JCZO Chapter 10 – Section I Page 4

 10-8.05 Commercial (IMP-COM)

A. All commercial developments that require city sewer and water services shall participate in a
predevelopment meeting with Jerome County, Jerome City and affected agencies before
obtaining a building permit for the construction of the development.

B. The City shall provide written approval to the County for all sewer and water hookups before
a Certificate of Occupancy shall be issued to the Developer.

C. Commercial Development situated on State or Federal Highways shall be landscaped along

the highway corridor. Lighting shall be shielded or directional and shall not trespass property
lines of the developing lot or parcel. All vehicles shall be parked to the side or rear of any
buildings, with no parking between the highway and any building fronting the highway, unless
a landscaped berm screens parking from the view of the Highway. Proposed commercial
developments shall be required to submit landscaping plans, a lighting diagram, parking
diagram and a setback approval correspondence from the Idaho Transportation Department
as part of any building or development application.

10-8.06 Industrial (IMP-IND)

A. No new residential housing would be permitted within this zone.

B. All Industrial developments that require city sewer and water services shall participate in a
predevelopment meeting with Jerome County, Jerome City and affected agencies before
obtaining a building permit for the construction of the development.

C. The City shall provide written approval to the County for all sewer and water hookups before
a Certificate of Occupancy shall be issued to the Developer.

10-8.07 Setback Requirements

Zoning Front Rear Side Street

District Setback Setback Setback Side
IMP-RES 25' 20' 10' 15'
IMP-AL 25' 20' 10' 15'
IMP-COM 25' 10' 12' 25'
IMP-IND 25' 25' 20' 20'

10-9 REGULATIONS FOR SUBDIVISION

In addition to applicable standards of the JCZO, the regulations of this section shall also apply to
all Commercial and Residential Subdivisions within Areas of City Impact.

10-9.01 Streets/Roads

A. All public streets/roads shall be under the jurisdiction of the appropriate Highway District. All
roads and streets shall be constructed to the minimum standards of that Highway District

JCZO Chapter 10 – Section I Page 5

 unless the standards of the City are more stringent, then the Developer will adhere to the
City’s standards.

B. All private street/roads that will not become public streets/roads shall meet the City’s
standards.

10-9.02 Curb, Gutter, and Storm Water

A. Lots one acre and over shall not be required to provide curb, gutter, and storm water drainage
unless there is an annexation agreement stating otherwise, in which case, the construction
would be based on the requirements of the City at the time the property is developed.

B. All lots less than one acre shall provide curb, gutter and storm water drainage based on the
construction requirements of the City at the time the property is developed.

C. Storm water retention shall be provided by the Developer.

10-9.03 Irrigation

A. Irrigation systems shall meet the standards of the Agency providing surface water for
irrigation.

B. The City shall provide input for future considerations of providing irrigation water to the
development if surface water shares will be abandoned.

10-9.04 Fire

A. All fire requirements shall be under the jurisdiction of the appropriate Fire District.

B. Fire flow information shall be provided to the appropriate Fire District when public/municipal
water systems are utilized for fire hydrants, as well as when commercial or residential uses
require interior sprinklers for fire suppression.

10-9.05 Water

A. If the City water connection is within 300 feet of the property line and accessible, the
Developer shall connect to the system.

B. If the City water connection is beyond 300 feet from the property line, the Developer shall
either connect the development to the water system for the City or provide a community
water system that may be easily connected to the water system for the City as it becomes
available.

C. If the water system of the City is inaccessible at the time the property is developed, the
Developer shall provide a community water system that may be easily connected to the water
system for the City as it becomes available.

D. Property with an existing domestic well that is subsequently subdivided may be required to
abandon the well and connect to the City’s water system.

JCZO Chapter 10 – Section I Page 6

 E. All community water systems shall be approved by the City and/or appropriate agencies
before any building permits shall be issued by Jerome County.

10-9.06 Sewage

A. If the City sewer connection is within 300 feet of the property line and accessible, the
Developer shall connect to the system.

B. If the City sewer connection is beyond 300 feet from the property line, the Developer shall
either connect the development to the sewer system for the City or provide a community
sewer system that may be easily connected to the sewer system for the City as it becomes
available.

C. If the sewer system of the City is inaccessible at the time the property is developed, the
Developer shall provide a community sewer system that may be easily connected to the sewer
system for the City as it becomes available.

D. Property with an existing septic system that is subsequently subdivided may be required to
abandon the septic system and connect to the City’s sewer system.

E. All community sewer systems shall be approved by the City and/or appropriate agencies
before any building permits shall be issued by Jerome County.

10-10 REGULATIONS WITHIN ZONES

10-10.01 APPLICABILITY
Unless otherwise stated, the following regulations shall apply only to the primary Land Use
of a property.

10-10.02 EXPLANATION OF LAND USE CHARTS

To determine where a specific use is permitted, it is necessary to find the specific use in the
Charts below. Uses are listed in the horizontal rows; zones are shown in the vertical columns
and the key letters indicating the degree of permission of a use are found at the intersection
of the appropriate row and column.

A. The letter "P" indicates that a specific use is permitted in a specific zone.

B. The letter "S" indicates that a Special Use Permit is required for that particular use
to be compatible to the standard and customary uses in that particular zone.

C. An empty square indicates that such use is not expected to occur in such zone;
therefore, it is prohibited at the time of the adoption of the JCZO.

D. The letters "NR" indicate that there is no requirement established for a particular
use in a particular zone.

When several uses are combined and made part of a larger, all-encompassing land use, the
most restrictive chart designation shall control for purposes of determining the appropriate
zone and required application.

JCZO Chapter 10 – Section I Page 7

 10-10.03 LAND USES UNIDENTIFIED IN THE CHARTS
Any Land Use not identified in the charts of this Ordinance shall require a negotiation and
agreement between the City and the County followed by an amendment of this Ordinance,
and shall only proceed thereafter in accordance with the amendment. The amended
ordinance shall mandate whether the proposed use in the various zones is: allowed free of
restrictions; permitted; permitted with conditions; or prohibited. The process for
amendment shall adhere to the procedures outlined in 10-3(C) of this Chapter.

10-10.04 ZONING STANDARDS FOR PERMITTED LAND USES

Zoning regulations may have been established for permitted or allowable uses by
Performance Standards in Chapter 6 of the JCZO, and other Chapters thereof when
appropriate.

USE CATEGORY AREA OF CITY IMPACT ZONES

SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Airfields (Private) S

Aircraft Maintenance, Repair & Rebuilding S S S S

Alcohol Distillation for Production of Fuel S P

Alcohol & Drug Rehabilitation Facility S S

Amusement Parks S S
Animal, Confined not regulated by Chapter
P P P P
13
Animal Hospital
1Providingall materials and equipment are kept inside of an S S1 P
enclosed building and all work is performed inside an enclosed
building.
Apparel Repair & Alteration (Retail)
1Providingall materials and equipment are kept inside of an
enclosed building and all work is performed inside an enclosed P1 P1 P P
building.

Aquaculture S

Asphalt Plant S S

Auditorium S S P P

Bed and Breakfast S S S

Botanical Gardens & Arboretums S S P P

JCZO Chapter 10 – Section I Page 8

 USE CATEGORY AREA OF CITY IMPACT ZONES
SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Building Care Contracting

1Providingall materials and equipment are kept inside of an S S P1 P
enclosed building and all work is performed inside an enclosed
building.

Bulk Storage Flammable Liquids & Gases S S

Bus Facilities P P

Bus Shelter P P P P

Car Wash P P

Cemetery S S S

Chemicals & Chemical Product

Manufacturing 1Providing all materials and equipment are
kept inside of an enclosed building and all work is performed S1,4 S
inside an enclosed building.
4controlled operation that does not generate smoke, noise, vibration,

dust odor, glare, gas, air or water pollutants

Civic, Fraternal, Labor & Social Organizations S S P P

Commercial Composting & Fertilizer

S S
Manufacturing
Commercial Truck Wash Facility
S
(Agriculture)
Commercial Truck Wash Facility
S S
(Non-Agricultural)

Concrete Products (Manufacturing) S S

Construction Trades
1Providingall materials and equipment are kept inside of an S S P1 P
enclosed building and all work is performed inside an enclosed
building.

Crop Production P P P P

Dairy Product Processing S P

Day Care Facilities S S S S5

5in association with an existing business

Dry Cleaning, Laundering & Laundromats

1Providingall materials and equipment are kept inside of an P1 P
enclosed building and all work is performed inside an enclosed
building.

Dwelling, Multi Family S

JCZO Chapter 10 – Section I Page 9

 USE CATEGORY AREA OF CITY IMPACT ZONES
SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Dwelling, Single Family P P

Dwelling, Two Family P

Equipment Rental P P

Event Center S S S S

Exhibition Halls S S S S

Fairgrounds S S

Farm & Garden Supplies (Retail or Wholesale) S P P

Food Product Manufacturing S S S

Freight Transfer Point P P P

Frozen Food Locker P P

Funeral Homes & Crematoria P

Furniture & Fixture Manufacturing S S P

Gas Station and Retail Sales Establishment
6DEQ approval required for Hazardous Material Disposal Plan to S P6 P6
obtain a Certificate of Occupancy
Gas Station and Vehicle Repair or Service
6DEQ approval required for Hazardous Material Disposal Plan to S S6 P6
obtain a Certificate of Occupancy
Gas Station, Unattended
6DEQ approval required for Hazardous Material Disposal Plan to P6 P6
obtain a Certificate of Occupancy

Government Facilities S S P P

Governmental Protective Facilities S S S S

Health Club, Spa S P P

Helipad S S

Historical Sites, Monuments S S S S

JCZO Chapter 10 – Section I Page 10

 USE CATEGORY AREA OF CITY IMPACT ZONES
SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Home Occupation P P P P

Horticultural Services P S P P

Hospice, Assisted Living & Skilled Nursing

S S S
Facilities

Hospital, Clinics, & Related Services S S S

Hotel/Motel S S

Hunting Preserve S

Kennels S S P

Landfill Transfer Stations

S S S

Large Implements & Heavy Equipment P P

Libraries, Museums, Art Galleries S S P P

Livestock Feed, Grain & Feed Processing S S P

Livestock Sales S S S

Manufacturing Miscellaneous Products S S S

Meat Product Processing (Except Rendering) S S P

Mineral Products (Manufacturing) S S

Mobile Home Sales P P

Offices, Business, Financial & Professional

S S P P
Services
Open Parking Lot or Garage, Automobile S S S S

Open Parking Lot, Truck or Bus S S P

Open Space P P P P

Park, Mobile Home S

JCZO Chapter 10 – Section I Page 11

 USE CATEGORY AREA OF CITY IMPACT ZONES
SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Park, Recreational Vehicle S S

Pastured Animals P P P P

Petroleum Products (Manufacturing) S

Plant-Energy Producing, Non-Conventional S S S

Plant-Industrial, Manufacturing/
S P
Processing

Plant, Light Manufacturing S P

Printing & Publication P P P

Railroad Buildings & Equipment S S P

Religious Facilities S S P P

Restaurant/Bar P P

Restaurant/Retail, Drive Thru Only S S

Retail Sales Establishment, Indoor P S

Retail Sales Establishment, Outdoor S S S

Rubber Products (Manufacturing) P

Salvage Yard S

Schools S S S S

Sewage Lagoons S S S S

Shelter Homes S S S

Site, Recreational Vehicle

7A Special Use Permit required after 60 days of Residence per year P7 P7
per parcel.

Small Appliance Repair S S P1 P

Small Engine Repair S S P1 P

JCZO Chapter 10 – Section I Page 12

 USE CATEGORY AREA OF CITY IMPACT ZONES
SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Sports, Athletic & Recreational Facilities,

S S P P
Indoor
Sports, Athletic & Recreational Facilities,
S S S S
Outdoor

Sports Facilities, Indoor Motor Vehicle P P

Sports Facilities, Outdoor Motor Vehicle S S

Sports Facilities, Indoor Firearms S S S

Sports, Rural Recreation Area P P S S

Storage Rental Units (Indoor) P P

Storage Rental Spaces (Outdoor) S P

Studio, Art, Dance, Music, Photography,

S S P P
Voice
Theater, Indoor P P

Theater, Outdoor S S S

Tire Shop (Retail)

8Excepting Product display, Outside storage of products or discards P8 P
must be screened from view.
Transmitting Towers & Cell Towers
2complies with Idaho Safety Code S2,3 S2,3 S2,3
3complies with Chapter 12 AIRPORT ZONE

Trucking Facilities
6DEQ approval required for Hazardous Material Disposal Plan to S S P6
obtain a Certificate of Occupancy

Upholstery Repair P1 P1 P1 P
Utility Buildings & Structures
2complies with Idaho Safety Code S2,3 S2,3 S2,3 S2,3
3complies with Chapter 12 AIRPORT ZONE
Utility Lines, Above Ground
2complies with Idaho Safety Code P2,3 P2,3 P2,3 P2,3
3complies with Chapter 12 AIRPORT ZONE

Utility Lines, Under Ground P P P P

Vegetable Products Processing S S S

Vehicle Rental P P

JCZO Chapter 10 – Section I Page 13

 USE CATEGORY AREA OF CITY IMPACT ZONES
SECTION I - CHART 10 IMP AL IMP RES IMP COM IMP IND

Vehicle Repair and Service, Automobile

6DEQ approval required for Hazardous Material Disposal Plan to S P6
obtain a Certificate of Occupancy
Vehicle Repair and Service, Heavy
Equipment, RV, Truck & Tractor S P6
6DEQ approval required for Hazardous Material Disposal Plan to
obtain a Certificate of Occupancy
Vehicle Repair and Service, Farm Equipment
6DEQ approval required for Hazardous Material Disposal Plan to S S P6
obtain a Certificate of Occupancy
Vehicle Sales and Service, Automobile
6DEQ approval required for Hazardous Material Disposal Plan to S P6
obtain a Certificate of Occupancy
Vehicle Sales and Service, Heavy Equipment,
RV, Truck & Tractor S P6
6DEQ approval required for Hazardous Material Disposal Plan to
obtain a Certificate of Occupancy
Vehicle Sales and Service, Farm Equipment
6DEQ approval required for Hazardous Material Disposal Plan to S S P6
obtain a Certificate of Occupancy

Vehicle Sales, Automobile P P

Vehicle Sales, Heavy Equipment, RV, Truck &

P P
Tractor

Vehicle Sales, Farm Equipment S P P

Veterinarian
1Providingall materials and equipment are kept inside of an
enclosed building and all work is performed inside an enclosed
S S1 P
building.

Wholesale Sales and Warehouse, Indoor S9 P P

9 Sales of products supporting Agricultural Uses

Wholesale Sales and Warehouse, Outdoor S9 S P

9 Sales of products supporting Agricultural Uses

Wholesale Warehouse and Distribution

Facility S9 S P
9 Sales of products supporting Agricultural Uses

Zoos S S S

1Providing all materials and equipment are kept inside of an enclosed building and all work is performed inside an enclosed building.
2complies with Idaho Safety Code
3complies with Chapter 12 AIRPORT ZONE
4controlled operation that does not generate smoke, noise, vibration, dust odor, glare, gas, air or water pollutants

5 in association with an existing business

6DEQ approval required for Hazardous Material Disposal Plan to obtain a Certificate of Occupancy
7 A Special Use Permit required after 60 days of Residence per year per parcel.
8 Excepting Product display, outside storage of products or discards must be screened from view.
9 Sales of products supporting Agricultural Uses

JCZO Chapter 10 – Section I Page 14

 10-10.05 LAND USES OR ACTIONS REQUIRING SPECIFIC PERMITS
The uses or activities indicated in Chart below are permitted under a regulated process when
designated by an X. An empty square indicates that such use or activity is not permitted in that
zone.

ZONES
SECTION I CHART 10A IMP AL IMP RES IMP COM IMP IND

SPECIALIZED PERMITS

Boundary Line Adjustment

X X X X
Application procedure located in JCZO Chapter 14
Land Division
X X X X
Application procedure located in JCZO Chapter 14

Warehoused Livestock Confinement Operations

(WLCO) X
Application procedure located in JCZO Chapter 13A

Subdivision
Application procedure located in JCZO Chapter 8, X X X
Chapter 10

JCZO Chapter 10 – Section I Page 15

 CHAPTER 9
RECREATION ZONES
SECTION I

SECTION I
9‐1 PURPOSE
9‐2 APPLICABILITY
9‐3 ZONE DESIGNATIONS
9‐4 DEFINITIONS
9‐5 USES
9‐5.01 RESIDENTIAL
9‐5.02 COMMERCIAL
9‐6 EXPLANATION OF LAND USE CHARTS
9.6.01 LAND USES UNIDENTIFIED IN THE CHARTS
9.6.02 ZONING STANDARDS FOR PERMITTED LAND USES
9.6.03 LAND USES OR ACTIONS REQUIRING SPECIFIC PERMITS
9‐7 PERMIT APPLICATIONS
9‐7.01 ZONING PERMIT
9‐7.02 SPECIAL USE PERMIT
9‐7.03 SUBDIVISION SPECIAL USE PERMIT

9‐8 VIOLATIONS

SECTION II
9‐9 DESIGN AND IMPROVEMENT STANDARDS
9‐9.01 LIGHTING
9‐9.02 OUTDOOR FIRES
9‐9.03 PARKING & LOADING
9‐9.04 ROADS
9‐9.05 SANITATION & REFUSE
9‐9.06 SETBACKS
9‐9.07 SEWAGE LAGOONS
9‐9.08 SIGNAGE
9‐9.09 HISTORICAL MARKERS/MONUMENTS
9‐9.10 MURALS
9‐9.11 SOLAR

9‐1 PURPOSE
The Recreation Zones border or surround a corresponding Special Site to ensure the
attributes of such site are both appropriately preserved and utilized. Given the attraction to
Special Sites, the Recreation Zones allow for a versatile array of Land Uses – commercial and
residential – but strictly regulates such Uses so as to ensure they properly reflect the
“recreational” attributes of the Special Site. The purpose of the zones is to allow for the
landowner, at their option, to develop the property for Uses authorized in the corresponding
Land Use Charts, Section 9‐6.02.

It is the purpose of these zones to establish a variety of Uses that encourage and support
recreational activities and tourism. The development shall recognize and protect the unique

JCZO Chapter 9 Page 1

 characteristics of the land.

Nothing in these zoning designations is intended to change the current Uses of the land.
These zones do not open private property to public access.

9‐2 APPLICABILITY
Uses permitted in the corresponding Land Use Charts such as Crop Production, Single Family
Dwellings, and Pastured Animals are typical Land Uses throughout the county. These types
of Uses are categorized as “Permitted” because they need not be dependent on or
associated with a Special Site.

Any Use (including educational programs) requiring a Special Use Permit or a Zoning Permit
in the corresponding Land Use Charts will be reviewed and if it is determined that the Use is
not dependent on, or associated with, the Special Site and can operate just as effectively
whether it is located near the Special Site or not, is not appropriate in the Recreation Zones.

Unless otherwise stated in the JCZO, the following regulations shall apply only to the
primary Land Use of a property within the three Recreation Zones.

9‐3 ZONE DESIGNATIONS

A. RECREATION ZONE 1 (REC‐1) Intended to allow development of the greatest level of
recreational uses and activities that support tourism. There are fewer restrictions in
this zone to promote commercial uses and residential dwellings, while protecting and
enhancing the unique attributes of the zone.
B. RECREATION ZONE 2 (REC‐2) Intended to allow development of a moderate level of
recreational uses and activities that support tourism. Uses in Rec‐2 zones include
limited commercial uses and residential dwellings, while protecting and enhancing the
unique attributes of the zone.
C. RECREATION ZONE 3 (REC‐3) Intended to allow development of a limited level of
recreational uses and activities that support tourism. Limited improvements are
allowable to protect the site over time from use by the public. These areas possess
such characteristics and unique attributes that should have the greatest protection.

9‐4 DEFINITIONS
Unless noted below, definitions of specific Uses may be found in Chapter 2 of the JCZO. If a
definition for a Use is noted below, the definition may only pertain to a Use found in the
Recreation Zone or the Use may vary from that of the definition found in Chapter 2 for the
purposes of specificity within the Recreation Zone.

BOARDWALK
A structure elevating users above rough ground or water needing protection and/or
providing safe passage of users.

CONCESSIONS
An accessory use to the primary use of the property, a structure or location devoted to
the sale of goods and services, providing no inside seating nor drive‐in service for the
customers.
JCZO Chapter 9 Page 2
 CONVENIENCE STORE
A facility associated with the sale of food items and tangible consumer goods that may also
offer the sale of fuel products.

DWELLING UNIT
A suite of one or more habitable rooms providing complete living facilities for one family
including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Recreational Vehicles are not included in this definition.

HISTORICAL MARKER
Markers, monuments, murals, plaques, statues, or other memorial types that honor an
individual or group who have had significant influence on the development of a community.
They can also commemorate an event or mark a place which has historical importance or
other important meaning to a community.

HISTORICAL SITE
A location, structure, or object having local, state, or national historic significance.

LAND DIVISION, SPECIAL‐SITE

A type of Regulated Land Division which allows building lots to be smaller than one acre,
and buildings thereon to be sited closer together, provided that the acreage allowing
building lots in the subdivision may not exceed 25% of the total Land Division acreage in
Rec 1 or 12.5% of the total Land Division acreage in Rec 2. All structures within a Special‐
Site Land Division are located only on those lots or parcels sharing a boundary line with,
or otherwise fronts, provides access, or commonly utilizes a Special Site. This type of Land
Division is typically residential but may have commercial applications as well.

LODGING, RESIDENCY
A grouping of any commercial or non‐commercial housing units that rent or provide
lodging to tenants in a permanent or quasi‐permanent structure for the purpose of
residency.

LODGING, TRANSIENT
Any commercial facility offering lodging or space on a limited basis. Lodging supports
visitors with legal residency elsewhere.

PARCEL, ORIGINAL
A Parcel as it was legally described on or before September 29, 2008, or Resulting Parcels of
Non‐Regulated Land Divisions or those Parcels identified in 14‐4.01 (F).

RECREATIONAL EQUIPMENT RENTALS

Rental of recreation equipment such as kayaks, boats, rafts, bicycles, horses, and UTVs.

RECREATIONAL EQUIPMENT RENTAL ESTABLISHMENT

An establishment providing the rental of recreation equipment (permanent or portable).

JCZO Chapter 9 Page 3

 RECREATIONAL PATHWAY
A constructed path, designed for pedestrian, equestrian, motorized, or non‐motorized uses.

SPECIAL SITE
An area with elements considered to be special due to historical significance, location,
geological attributes, or has been previously developed or improved to enhance one or more
of the noted elements.

SUBDIVISION, SPECIAL‐SITE
A type of Cluster Subdivision which allows building lots to be smaller than one acre, and
buildings thereon to be sited closer together, provided that the acreage allowing building
lots in the subdivision may not exceed 25% of the total subdivision acreage in Rec 1 or 12.5%
of the total subdivision acreage in Rec 2. All structures within a Special‐Site Subdivision are
located only on those lots or parcels sharing a boundary line with, or otherwise fronts,
provides access, or commonly utilizes a Special Site. This type of Subdivision is typically
residential but may have commercial applications as well.

WATERCRAFT DOCK/HOUSE/RAMP/SLIP
Watercraft has a propulsive capability (whether by sail, oar, paddle or engine) and hence are
distinct from a simple device that merely floats, such as a raft. Slips have just one open end,
meaning the watercraft “slips” into it. Docks having three open sides, as the watercraft
positions “against” the side of the dock. Docks can be used to launch small watercraft carried
by users as well. Houses are a building or shed, usually built partly over water, for sheltering
watercraft. Ramps allow watercraft to be launched or hauled out, usually on trailers, but also
carried by users.

9‐5 USES

9‐5.01 RESIDENTIAL

A. HOUSING DENSITY
The housing density for a Dwelling Unit or Residency Lodging Unit allowed in any
Recreation Zone shall be one per parcel provided that:
1. Residential structures are located in a Special‐Site Subdivision, have been approved
for a Special‐Site Land Division, or are on a parcel independent of such subdivision,
if such independent parcel is one acre or more in size and borders or otherwise
fronts, provides access, or commonly utilizes a Special Site.
2. EXCEPTION:
a. Original Parcels as defined above, should make every attempt to meet these
requirements but are not bound to them.

9‐5.02 COMMERCIAL

A. LODGING, TRANSIENT
Different types of Commercial Lodging, and the zones allowing them, are identified in the
Land Use Charts of this Chapter.
1. Density requirements for the identified lodgings shall be regulated by State
Agencies responsible for maintaining generally accepted standards of public

JCZO Chapter 9 Page 4

 health (i.e. water, sewer).
2. Structures with commercial lodging shall be located in an area that borders or
otherwise fronts, provides access, or commonly utilizes a Special Site.

9‐6 EXPLANATION OF LAND USE CHARTS

To determine where a specific Use is permitted, it is necessary to find the specific Use in
the tables of this Chapter. Uses are listed in the horizontal rows, zones are shown in the
vertical columns, and the key letters indicating the degree of permission of a Use are
found at the intersection of the appropriate row and column.
A. The letter "P" indicates that a specific Use is permitted in a specific zone.
B. The letter "S" indicates that a Special Use Permit is required for that particular Use
to be compatible to the standard and customary Uses in that particular zone.
C. The letter “Z” indicates that a Zoning Permit is required for that particular Use to
ensure development meets development standards and is appropriate to the
Recreation Zone.
D. An empty square indicates that such Use is not expected to occur in such zone;
therefore, it is prohibited at the time of the adoption of this Ordinance.
E. When several Uses are combined and made part of a larger, all‐encompassing
Land Use, the most restrictive chart designation shall control for purposes of
determining the appropriate zone and required application.

9‐6.01 LAND USES UNIDENTIFIED IN THE CHARTS

Any Land Use not identified in the charts of this chapter shall require amendment of the
JCZO; and shall only proceed thereafter in accordance with the amendment. The amended
ordinance shall mandate whether the proposed Use in the various zones is: allowed free of
restrictions; permitted; permitted with conditions; or prohibited. The process for
amendment shall adhere to the procedures outlined in Chapter 21 of this Ordinance.

9‐6.02 ZONING STANDARDS FOR PERMITTED LAND USES

Zoning regulations have been established for permitted or allowable Uses by Performance
Standards in Chapter 6, by individual Chapters, or in Section II of this Chapter.

LAND USE CHART – CHAPTER 9 REC‐1 REC‐2 REC‐3

Amusement Park Z S

Aquaculture P S S
Animals, Confined
P P P
Not regulated by Chapter 13
Bed and Breakfast Z S

Boardwalk P P P

Botanical Garden & Arboretum Z P

Campground S S

JCZO Chapter 9 Page 5

 LAND USE CHART – CHAPTER 9 REC‐1 REC‐2 REC‐3

Concessions (Allowed only as an accessory use, see definition

above)
Convenience Store Z S

Crop Production P P P

Drive Through Establishment S

Dwelling, Single Family P P P

Dwelling, Two Family P P

Event Center S S

Golf Course Z S

Governmental Protective Facility S S

Helipad S S

Historical Site P P P
Historical Marker Z Z Z
Home Occupation P P P

Hotel Z

Living Quarters S S

Lodging, Residency Z S

Lodging, Transient Z S

Motel Z

Museum Z S

Open Parking Lot; Automobile, Truck & Bus Z S S

Park, Public/Private S S
Pastured Animals P P P
Recreational Equipment Rentals/Establishment S S S
Recreational Pathway S S S
Resort S
Restaurant S

Restrooms Z Z S

Riding Stable S S

JCZO Chapter 9 Page 6

 LAND USE CHART – CHAPTER 9 REC‐1 REC‐2 REC‐3

Sewage Lagoon S S

Sports, Athletic & Recreational Facilities, Outdoor Z S

Sports, Rural Recreation Area, Outdoor Z S S

Transit Stop Shelter P S S

Transmission Towers P S S
Utility Building(s) & Structure(s), Communications
P P S
(without direct physical connections)
Utility Building(s) & Structure(s) (with direct physical
P S S
connection)
Utility Lines, Above and Below Ground P P P

Watercraft, Dock/House/Ramp/Slip S S S

9‐6.03 LAND USES OR ACTIONS REQUIRING SPECIFIC PERMITS

The Uses or activities indicated in Land Use Chart 9A are permitted under a regulated process
when designated by an X. An empty square indicates that such Use or activity is not
permitted in that zone.

LAND USE CHART 9A REC‐1 REC‐2 REC‐3

SPECIALIZED PERMITS

Boundary Line Adjustment

X X X
Application procedure located in JCZO Chapter 14
Land Division
X1 X1 X1
Application procedure located in JCZO Chapter 14
Subdivision
S S
Application procedure located in JCZO Chapter 8
1
A Regulated Land Division designed to take advantage of a Special Site that produces a maximum of 4 lots with
housing density limitations to ensure scenic areas are not unduly saturated. Residents of the parcels shall have
access to the Special Site.

9‐7 PERMIT APPLICATIONS

9‐7.01 ZONING PERMIT
A. If a Zoning Permit is required, a summary of the project is required that addresses the
following items:
1. What is the corresponding Special Site?
2. How does the project benefit the Public at large?
3. Is the project permanent or temporary?
4. SITE PLAN
a. Scale
b. North Arrow
c. Property Line Dimensions
JCZO Chapter 9 Page 7
 d. Roads
e. Site Access
f. Parking
g. Location of Well and Septic
h. Canals/Ditches
i. Irrigation Easements/Delivery Point/Headgate
j. Structures (existing and proposed)
k. Sanitary Facilities
l. All Project Facilities (i.e., corrals, fire rings, trails)
5. AGENCY LETTERS
a. Department of Water Resources
b. Fire District
c. Health District
d. Highway District
e. Irrigation District
f. School District
g. Idaho Fish and Game
h. Utility Companies
i. Other Agencies as determined by the Administrator

B. CRITERIA FOR ZONING PERMIT APPROVAL

The Administrator will review the project to determine if a Zoning Permit may be
issued.
1. If the Administrator determines that the project is associated with a Special
Site and would not operate just as effectively whether it is located near the
Special Site or not, and, the project benefits the public at large, and, all design
standards from this “Section II” will be met, the Administrator shall issue a
Zoning Permit.
2. If the Administrator determines that the proposed Use is not dependent on,
or associated with, a Special Site and may operate just as effectively whether
it is located near a Special Site or not, or, the project does not benefit the
public at large, or the Design Standards in this “Section II” will not be met,
the Administrator shall deny the Zoning Permit.
3. If the Zoning Permit is denied based on any or all of the Criteria for Zoning
Permit Approval, the Applicant may then apply for a Special Use Permit from
the Planning and Zoning Commission.

9‐7.02 SPECIAL USE PERMIT

A. In addition to the Application, Hearing, and determination procedures found in
Chapter 7 of the JCZO, a summary of the project is required that addresses the
following items:
1. What is the corresponding Special Site?
2. How does the project benefit the Public at large?
3. Is the project permanent or temporary?
B. The Planning and Zoning Commission’s decision shall be based on Chapter 7 of the
JCZO as well as the following criteria:
1. The project is associated with a Special Site and would not operate just as

JCZO Chapter 9 Page 8

 effectively whether it is located near the Special Site or not, and, the project
benefits the public at large, and all design standards from this “Section II” will
be met.

9‐7.03 SUBDIVISION SPECIAL USE PERMIT

A. Prior to beginning the Subdivision process as outlined in Chapter 8 of the JCZO, a
summary of the project is required that addresses the following items:
1. What is the corresponding Special Site?
2. How does the project benefit the Public at large?
3. Sketch Plat
a. The general layout and approximate dimension of streets, blocks, and lots.
b. The existing conditions and characteristics of the land on and adjacent to
the proposed Subdivision site.
c. Current storm water run‐on and run‐off conditions of the property and
preliminary drainage development plan.
d. The location of existing utilities and preliminary utility development plan if
possible.
e. The location and description of existing and proposed easements.
f. The location for canal, ditches, and drainage within the proposed
Subdivision and adjacent properties.
g. Location and types of domestic water and sewage systems.
h. Postal delivery location(s).
i. School bus stop location(s).
j. Signage, lighting, and parking location(s).
k. A statement of the intended Uses of the various lots of the proposed
Subdivision.
l. Unbuildable lots must have a stated purpose and a recorded agreement
between the landowners for ongoing operations and maintenance of said
lot.
B. Procedure for Hearing shall follow the procedures in Chapter 7 of the JCZO.
C. The Planning and Zoning Commission’s decision shall be based on the following
criteria:
1. The project is associated with a Special Site and would not operate just as
effectively whether it is located near the Special Site or not, and, the project
benefits the public at large, and all design standards from this “Section II” will
be met.

9‐8 VIOLATIONS
An owner of any parcel of land who does not comply with the requirements of this Chapter
shall be guilty of a misdemeanor, punishable per the parameters of Chapter 20 of this
Ordinance.

JCZO Chapter 9 Page 9

 SECTION II

9‐9 DESIGN AND IMPROVEMENT STANDARDS

The standards provided herein are minimum standards. Higher standards may be imposed
on a development if recommended by a participating Public Agency. Developments shall be
evaluated to determine if the development reflects the attributes of the Special Site.
Development may be directed to a more appropriate zone if the Use is not dependent on,
nor associated with the Special Site.

9‐9.01 LIGHTING
All lighting shall be directional, downward facing, shielded on top and sides, and should be
labeled as “Dark Sky Friendly” or equivalent to eliminate sky glow. Lighting shall be directed
away from adjoining properties and shall not trespass across adjacent property’s boundary
lines.
A. Any parking area which is intended to be used during non‐daylight hours shall be
properly illuminated for safety purposes.
B. Illumination of signs and illumination from signs must follow the Standards for Signage.

9‐9.02 OUTDOOR FIRES

Commercial uses and activities may have an occasion to have outdoor fires (i.e., campfires),
or outdoor fires may be a part of a developed recreation site. The following requirements
shall apply:
A. Outdoor fires shall be limited to developed fire structures. Developed fire structures
include but are not limited to campfire rings, park grills, natural gas or propane fire
pits, or other open flame implements and features.
B. Notwithstanding the above, local, state, and federal fire restrictions shall be adhered
to at all times.

9‐9.03 PARKING & LOADING

In addition to the Parking and Loading Standards outlined in Chapter 17 of the JCZO the
following standards shall apply:
A. Overnight parking shall only occur at the location of a business with the intended
purpose of offering overnight accommodations (i.e., hotel, campground, etc.).
B. Stand‐alone Parking Areas intended for temporary parking for events, activities, and
transportation within or between Recreation Zones must meet or exceed Chapter 17
standards noted in 17‐2.03 through 17‐2.14. No overnight parking allowed.
C. Businesses or other entities that intend to sponsor events must own, or have legal
access to, overflow parking areas to avoid parking along roadways. Overflow parking
must include the following:
1. Parking areas large enough to handle anticipated attendance.
2. Permitted access points.
3. Fire and Emergency Vehicle access and lanes.
4. Fire Prevention Plan.
5. Dust Mitigation Plan.
6. Temporary directional signage and/or staffing.
7. Safety Lighting (portable is acceptable).

JCZO Chapter 9 Page 10

 D. Convenience Stores offering fuel pumps may accommodate no more than six vehicles
simultaneously and have no more than three electric vehicle charging stations.
E. Commercial businesses must have enough space to accommodate all loading and
offloading of product without vehicles trespassing adjacent properties or roadways.
F. Drive Through Establishments must have enough space to accommodate all customers
without customer vehicles trespassing adjacent properties or roadways.

9‐9.04 ROADS AND PATHWAYS

Roads within and/or leading to a development may be public or private. Construction shall
be the responsibility of the Developer.
A. Public roads, intended for dedication to a highway district, shall obtain the approval of
the affected highway district.
B. Private roads shall obtain the approval of the affected fire district and shall provide
regular maintenance to maintain ongoing fire district approval.
C. All access roads shall meet the standards of the currently adopted International Fire
Code as it may be amended from time to time.
D. Roads within a platted subdivision shall conform with the Standards found in Chapter
8 of the JCZO.
E. Pathways intended for recreational purposes may include kiosk and trail sensory
stimulus to enhance the user’s experience.
F. For resource protection and safety, pathways may include contrast and/or edging.

9‐9.05 SANITATION & REFUSE

Permanent or portable facilities must be made available for all uses and events and shall
meet or exceed the requirements of the local health district.

9‐9.06 SETBACKS
A. Development adjacent to a Special Site may require setbacks that protect the natural
resources found at such site as indicated by local, state, or federal agency input.
B. Development adjacent to the Canyon Rim shall follow the Jerome County Building
Department Standards for Canyon Rim Development.
C. Notwithstanding the above, setbacks of structures to property lines shall conform with
the standards found in Chapter 6 of the JCZO.
9‐9.07 SEWAGE LAGOON
Sewage Lagoons shall meet the standards of Chapter 6 paragraph 6‐5.02 and adhere to
all applicable Federal, State, and local regulations. Sewage Lagoons in the Recreation
Zones must be developed only in support of specific development.

9‐9.08 SIGNAGE
In addition to the Sign Standards outlined in Chapter 16, subsections 16‐2 through 16‐4 and
16‐5.08 of the JCZO the following standards shall apply:
A. All signs, unless exempted below or by state or federal rules, will require a Building
Permit and/or a Zoning Permit.
B. No signage in lieu of permitted signs shall be located on vehicles, trailers, or other non‐
permanent vessel or receptacle. This shall not include regularly used vehicles
displaying branding or business logos.
C. Portable signs, banners, or other items used to advertise and provide directions to
specific events may be placed in direct proximity to the event and placement shall not
JCZO Chapter 9 Page 11
 exceed 48 hours prior to, or immediately following the event. These may not be placed
in the road right‐of‐way without permit. These may not be placed on private property
without express consent of the landowner. These signs are exempt from a Building or
Zoning Permit.
D. No sign shall be located in such a manner as to obscure or otherwise interfere with the
effectiveness of an official traffic sign, signal or device, or obstruct or interfere with a
driver's view of approaching, merging, or intersecting traffic.
E. Illuminated Signs may be digital or non‐digital.
1. Brightness: Luminance up to 5,000 nits (candela per square meter) between
sunrise and sunset and up to 250 nits during nighttime hours.
2. Signs are required to employ a light sensing device that can automatically adjust
the brightness of the display within the limits described above.
3. Default Display: In the case of malfunction, digitally illuminated signs are required
to contain a default design to freeze the sign message in one position.
4. Display Change Frequency: Digital displays cannot contain a message which
flashes, pulsates, moves, or scrolls. Each message must transition instantly.
F. Type and Location of Permitted Signs.
1. Temporary signs which announce subdivisions, the erection of a building, the
architect, the builders, or the contractors are permitted only on the subject
property (on‐premises).
a. Only two (2) on‐premises signs may be erected for a period equal to the
construction period plus sixty (60) days.
b. The sign(s) shall not exceed fifty (50) square feet.
2. On‐premises wall signs in the Rec 1 and Rec 2 zones shall not project more than
eight (8) feet from the front or face of the main building. The area of a permanent
on‐premises sign for any single business enterprise in all zones shall not exceed an
area equivalent to three (3) square feet of sign for each linear foot of building wall
or part of a building occupied by such enterprise. On‐premises wall signs in Rec 3
require a Special Use Permit.
3. Off‐premises wall signs shall only be used for advertisement of businesses,
developments, or events that are located in the Recreation Zones. Wall signs in the
Rec 1 and Rec 2 zones shall not project more than eight (8) feet from the front or
face of the main building. The area of a permanent off‐premises sign for any single
business enterprise in all zones shall not exceed an area equivalent to three (3)
square feet of sign for each linear foot of building wall or part of a building. Off‐
premises wall signs in Rec 3 require a Special Use Permit.
4. Free standing, on‐premises signs on parcels or lots in the Rec 1 and Rec 2 zones
shall be allowed. Only one (1) freestanding sign for each building, regardless of the
number of businesses conducted in the building. Signs shall not be over thirty (30)
feet in height, having a maximum total sign area of two hundred (200) square feet
per display area. Signs shall not be located closer than ten (10) feet to any road
right‐of‐way and not closer than thirty (30) feet to any adjoining lot line. On‐
premises signs in Rec 3 require a Special Use Permit.
5. Free standing, off‐premises signs on parcels or lots in the Rec 1 and Rec 2 zones
may have one (1) sign having a total area not exceeding one hundred fifty (150)
square feet adjacent to a State or Federal highway and one hundred (100) square
feet adjacent to a county road. Off‐premises signs shall only be used for

JCZO Chapter 9 Page 12

 advertisement of businesses, developments, or events that are located in the
Recreation Zones. Signs shall not be located closer than ten (10) feet to any road
right‐of‐way and not closer than thirty (30) feet to any adjoining boundary or lot
line. off‐premises signs in Rec 3 require a Special Use Permit.
6. A single free standing, multi‐tenant sign for advertisement of Special Sites,
businesses, developments, or events that are located in the Recreation Zones may
be located at the entrance to, or within one‐quarter mile of multiple points of
interest. These signs shall be directional only and shall not bear product branding
or a variety of colors and shapes.
7. On‐premises secondary informational signs or bulletin boards shall not exceed fifty
(50) square feet in area.

9‐9.09 HISTORICAL MARKERS/MONUMENTS

Markers or Monuments may be erected to commemorate people, events, places, or
geological features that are of local, state, or national significance.
A. Shall be located as close as possible to the historical or geological occurrence.
B. Shall be located so as to take advantage of natural terrain, to have the least impact on
the scenic environment, and to avoid visual conflict with other signs.
C. Shall obtain approval of the location from the highway district with jurisdiction.
D. A building or zoning permit shall be obtained from Jerome County.
E. Applicant or Sponsoring Group is responsible for maintenance of the sign for the
period of time the sign is erected.

9‐9.10 MURALS
A painting or other work of art executed directly on a wall.
A. Shall be considered art and not signs.
B. Shall not be used to advertise a business.
C. May be designed to commemorate people, events, places, or geological features that
are of local, state, or national significance. Murals on businesses require a Special Use
Permit.

9‐9.11 SOLAR
Solar arrays must be integrated into structures in commercial applications and attached to
or integrated into structures in residential applications.

JCZO Chapter 9 Page 13

 CHAPTER 8
SUBDIVISION

SECTION I
8‐1 INTENT
8‐2 APPLICABILITY
8‐3 ADMINISTRATION
8‐4 DEFINITIONS
8‐5 PERMITS
8‐5.01 SUBDIVISION PERMIT
8‐5.02 AMENDED SUBDIVISION PERMIT
8‐6 GENERAL STANDARDS
8‐6.01 LAND DIVISIONS
8‐6.02 ZONING
8‐6.03 DESIGN STANDARDS (SEE SECTION II)
8‐6.04 FLOODPLAIN DEVELOPMENT PERMIT
8‐6.05 LOTS
8‐7 PROCEDURE FOR ACQUIRING A SUBDIVISION PERMIT
8‐7.01 PRE‐APPLICATION MEETING
8‐7.02 APPLICATION FOR PRELIMINARY PLAT
8‐7.03 APPLICATION FOR FINAL PLAT
8‐8 PROCEDURE FOR ACQUIRING A MINOR SUBDIVISION PERMIT
8‐9 PROCEDURE FOR ACQUIRING A MINOR FINAL PLAT AMENDMENT
8‐9.01 PRE‐APPLICATION MEETING
8‐9.02 APPLICATION FOR MINOR FINAL PLAT AMENDMENT
8‐10 PURPOSE AND PROCEDURE FOR A CLUSTER SUBDIVISION PERMIT
8‐11 VACATION OF PLATS
SECTION II
8‐12 DESIGN AND IMPROVEMENT STANDARDS
8‐12.01 LOTS DESIGN
8‐12.02 PUBLIC IMPROVEMENTS
8‐12.03 OPTIONAL PUBLIC IMPROVEMENTS
8‐12.04 COMMUNITY FACILITY PROVISIONS WITHIN SUBDIVISIONS
8‐12.05 SPECIAL LOCATION SCENIC OR HISTORIC AREAS

SECTION I

8‐1 INTENT
This Chapter regulates and controls the orderly Subdivision of land pursuant to Title 50, Chapter
13, and Title 67, Chapter 65, of the Idaho Code, as amended.

8‐2 APPLICABILITY
Unless otherwise stated in this Ordinance, proposed Subdivisions, Cluster Subdivisions, Minor
Subdivisions, Minor Final Plat Amendments including Lot Divisions, and Lot Line Adjustments, shall
comply with the terms of this Chapter. Additional regulations regarding Subdivisions in the Area
of City Impact are located in Chapter 10. This Chapter shall not apply to Original Lots as defined
herein.

JCZO Chapter 8 Page 1

8‐3 ADMINISTRATION
The Jerome County Planning and Zoning Administrator shall have the primary responsibility of
administering all areas of this Chapter and related matters thereto that are not specifically
designated to the Board, the Commission or others. The Administrator may designate/delegate
these duties to other Staff members of his office.

8‐4 DEFINITIONS

BLOCK
A group or cluster of Contiguous Lots having defined boundaries.

EASEMENT
That portion of land reserved for present or future Use by a Person or Agency other than the legal
owner(s) of the property. The Easement may be for use under, on or above the Lot(s).

LAND DIVISION, REGULATED

A Land Division that results in at least one of the two Resulting Parcels being smaller than forty
(40) acres.

LOT
A unit of land that is located in a platted Subdivision and is identified by a number or letter.

LOT, BUILDING
A Lot within a Subdivision that meets all the minimum requirements set forth by this Chapter for
the authorized construction of at least one Building/structure.

LOT DIVISION
The division of a Lot within a platted Subdivision into two or more Lots.

LOT LINE ADJUSTMENT

The adjusting of common Property Line(s) or boundaries between adjacent Lots, where an equal
or lesser number of Lots are created in a platted Subdivision.

LOT, OPEN
Lots within the Subdivision not considered or intended as a BUILDING LOT (the Lot(s) may be
intended for green space, parking, recreational areas, roadways, Utilities or other common uses
in the community design).

LOT, ORIGINAL
A. Any Lot that is part of a recorded platted Subdivision that has undergone a Lot Line
Adjustment prior to March 04, 2003, shall be considered an Original Lot.
B. Any Lot that is part of a recorded platted Subdivision that has been divided prior to March
04, 2003, the Resulting Parcels therefrom shall each be considered an Original Lot.

METES and BOUNDS

A series of lines around the perimeter of an area; metes means bearing and distances and bounds
refers to monuments both physical and legal.

JCZO Chapter 8 Page 2

MINOR FINAL PLAT AMENDMENT
Any amendment to a recorded Plat that does not bring it out of substantial conformance with its
corresponding Preliminary Plat. Minor Plat Amendments may include, but not be limited to Lot
Line Adjustments, language corrections, Easements, reduction in the number of Lots or Lot
Divisions.

OPEN SPACES
An area substantially open to the sky and which may be on the same Lot with a Building. The area
may include, along with the natural environmental features, water areas, swimming pools, tennis
courts, and other recreational facilities. Streets, parking areas, residential structures, and the like
shall not be included.

PARCEL, ORIGINAL
A Parcel as it was legally described on or before September 29, 2008 or Resulting Parcels of Non‐
Regulated Land Divisions or those Parcels identified in 14‐4.01 (F).

PARCEL, RESULTING
One of two separate and distinct Parcels, that together had previously comprised all or a part of
the Original Parcel.

PLAT
The drawing, map or plan of a Subdivision, Cemetery, townsite or other tract of land, or a
replatting of such.

PLAT, FINAL
The final and formal Subdivision drawing(s), certifications, descriptions and approvals prepared in
accordance with Idaho Code.

PLAT, PRELIMINARY
A tentative Plat prepared by a qualified professional indicating a proposed Subdivision design that
is to a large extent the precise depiction of the Final Plat.

PLAT, SKETCH
A sketch of a Plat that the Subdivider will present to the Administrator showing characteristics of
the proposed Subdivision to identify requirements before presenting the Preliminary Plat to the
Commission.

RIGHT‐OF‐WAY
A strip of land taken or dedicated for Use as a public way. In addition to a Street, it normally
incorporates any drainage facilities, curb and gutters, and may include special features such as
canals and bridges or other Public Utility or service areas.

STREET
Any vehicular way, including avenue, boulevard, court, cul‐de‐sac, drive, highway, lane, place,
road, and any other thoroughfare that affords the principal means of access to abutting property.

STREET, COLLECTOR
A Street designed for the primary purpose of carrying traffic to or from local Streets to other
collectors or arterials.

JCZO Chapter 8 Page 3

STREET, CUL‐DE‐SAC
A Street which has only one open end and typically has a turnaround at the closed end.

STREET, FRONTAGE
A local Street which is parallel and adjacent to an arterial and which provides access to abutting
properties.

STREET, LOCAL
A Street whose primary purpose is access to abutting properties.

STREET, MAJOR ARTERIAL

A Street having two or more lanes of traffic going in the same direction.

STREET, MINOR ARTERIAL

A Street having a single lane of direction for each direction of travel.

STREET, PRIVATE
A Street that may be open for public use but is not part of a public highway system nor under the
jurisdiction of a public highway district or Agency.

STREET, PUBLIC
A Street that is open for public use and is under the jurisdiction of a public highway district or
Agency.

SUBDIVIDER
The Person or entity with ownership, or their agent, of the Property that is being Subdivided.

SUBDIVISION
A Regulated Land Division that: produces one or more Resulting Parcel(s) smaller than one (1)
acre; or is the final in a series of such Land Divisions that culminates in the Original Parcel having
been separated into five or more Resulting Parcels.

SUBDIVISION, CLUSTER
A technique which allows Lots to be reduced in size and Buildings sited closer together provided
the total development density does not exceed that which could be constructed on the site under
conventional zoning and the remaining land is utilized for open space or public purpose.

SUBDIVISION, MINOR:
Any new Subdivision containing not more than ten (10) Lots fronting on an existing Street, which
does not involve a new Street, the extension of municipal facilities or the creation of any public
improvements, and does not adversely affect the remainder of the parcel or adjoining properties.

SUBDIVISION, SPECIAL‐SITE
A type of Cluster Subdivision which allows building lots to be smaller than one acre, and buildings
thereon to be sited closer together, provided that the acreage allowing building lots in the
subdivision may not exceed 25% of the total subdivision acreage in Rec 1 or 12.5% of the total
subdivision acreage in Rec 2. All structures within a Special‐Site Subdivision are located only on
those lots or parcels sharing a boundary line with, or otherwise fronts, provides access, or
commonly utilizes a Special Site. This type of Subdivision is typically residential but may have
commercial applications as well.

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 SURVEYOR
A person authorized by the state of Idaho to practice the profession of land surveying.

SURVEYOR, COUNTY
A Surveyor who is an employee or contracted agent of Jerome County.

8‐5 PERMITS

8‐5.01 SUBDIVISION PERMIT

A. Subdivision Permit shall be required for all:

1. Subdivisions;
2. Minor Subdivision;
3. Cluster Subdivisions; and
4. Any permitted Subdivision identified in this subsection that is being amended in a
manner not amounting to a Minor Final Plat Amendment.

B. A Subdivision shall obtain a Subdivision Permit prior to any Lot thereof being sold.

C. No Building Permit shall be issued for any Lot of a Subdivision that has not been issued a
Subdivision Permit.

8‐5.02 AMENDED SUBDIVISION PERMIT

An Amended Subdivision Permit shall be required for all Minor Final Plat Amendments,
which shall be issued by the Administrator following Board approval and in accordance
with the provisions of this Chapter.

8‐6 GENERAL STANDARDS

8‐6.01 LAND DIVISIONS

No division of land that establishes a Subdivision shall be allowed without first having been
authorized by the issuance of either a Subdivision or Minor Subdivision Permit.

8‐6.02 ZONING
Subdivisions, Cluster Subdivisions and Minor Subdivisions, shall be permitted in all zones,
except: (A‐1) Agriculture; (A‐L) Agriculture Limited; (AR) Airport; and (REC 3) Recreation.
Minor Final Plat Amendments are allowed in all zones.

8‐6.03 DESIGN STANDARDS

SEE SECTION II (8‐12)

8‐6.04 FLOODPLAIN DEVELOPMENT PERMIT

Subdivisions proposed in a designated floodplain shall comply with the requirements of
the Jerome County Flood Damage Prevention Ordinance 2019‐2.

8‐6.05 LOTS

A. TO BE INCLUDED IN RECORDED PLAT

All Resulting Lots of a subdivided Original Parcel shall be included in the same recorded Plat,
unless:

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 1. When the Original Parcel was the subject of a Regulated Land Division Permit, and
the Owner of the Resulting Parcel being excluded from the Plat is not the same
person who is Subdividing and platting one or more of the remaining Resulting
Parcels; and
2. The proposed platted Subdivision does not eliminate or amend any Easements or
maintenance agreements provided in the original Land Division Permit, unless
written consent to do so has been obtained from all affected parties.

B. USE NOT REGULATED BY THIS CHAPTER

The proposed Use of any given Lot is not regulated by this Chapter. A certain type of Zoning
Permit for a proposed Lot Use may be required as indicated by Chapter 5 of the JCZO.

8‐7 PROCEDURE FOR ACQUIRING A SUBDIVISION PERMIT

8‐7.01 PRE‐APPLICATION MEETING

A. A Pre‐Application Meeting between the Subdivider and Administrator shall occur prior to the
filing of Preliminary Plat Application. At the Meeting, the Subdivider shall submit a Pre‐
Application to enable the Administrator to review and comment on the proposed Subdivision.
The Pre‐Application shall include a Sketch Plat that shows the entire developmental scheme
of the proposed Subdivision, which shall include:
1. The general layout and approximate dimension of Streets, Blocks, and Lots.
2. The existing conditions and characteristics of the land on and adjacent to the
proposed Subdivision site.
3. Current storm water run on and run off conditions of the Property and preliminary
drainage development plan.
4. The location of existing utilities and preliminary utility development plan if
possible.
5. The location and description of existing and proposed Easements.
6. The location for canal, ditches and drainage within the proposed Subdivision and
adjacent properties.
7. Location and types of domestic water and sewage systems.
8. Postal delivery location(s).
9. School bus stop location(s).
10. Signage, lighting and parking location(s).
11. A statement of the intended uses of the various Lots of the proposed Subdivision.

B. The Administrator shall notify the Subdivider as to the general conformance or non‐
conformance of the proposed Subdivision with the JCZO. Specifically, the Administrator should
comment on:
1. The compliance of the proposed Development with local and state laws.
2. The identity of all affected agencies.
3. Any unique environmental features or hazardous concerns that may be directly or
indirectly associated with the proposed site, such as areas that have been
designated by the State as areas of critical environmental concern, unique plant or
animal life, Floodplain, Airport flight patterns and the like.

JCZO Chapter 8 Page 6

 4. The need or requirement for additional reviews, approvals and/or permits from
affected or other public agencies and whether any of those agencies should be
contacted by the Subdivider prior to the Applications and/or Preliminary Plat being
prepared.
5. Any planned or permitted land Use yet to be built that is within a one quarter (¼)
mile of the proposed Subdivision and known to the Administrator.

8‐7.02 APPLICATION FOR PRELIMINARY PLAT

After completion of the Pre‐Application meeting, the Subdivider shall next complete the
Preliminary Plat Application form available at the office of the Administrator. The
completed Application shall be lodged and filed with the office of the Administrator.

A. The Preliminary Plat Application shall include the following items:

1. The name of the proposed Subdivision.
2. The names, addresses and telephone number of the Subdivider(s) and the engineer
and/or Surveyor who prepared the Plat.
3. The present zoning designation(s) of the Property.
4. Legal description and commonly known address or coordinates of the site.
5. A Real Property Summary Sheet and Parcel Map.
6. Document(s) to show title and legal description (Property Deed).
7. A map of the Parcel or Parcels of the entire area scheduled for development if the
proposed Subdivision is a portion of a larger holding that will be developed at a
later date.
8. A Vicinity Map on an aerial photograph showing the area within the proposed
Preliminary Plat and all properties outside the Plat that are within a one‐quarter
(¼) mile radius of the Plat’s outer boundaries. The Vicinity Map shall not be less
than 8 ½” x 11” in size, nor larger than 18” x 27”. The map shall show and identify
the following that either exist or are approved within the parameters of the
described one‐quarter (¼) mile radius:
a. The outer boundaries of the Preliminary Plat.
b. Residences and public thoroughfares.
c. Subdivisions.
d. Livestock Confinement Operations (LCOs) and the location of windbreaks
or berms on the proposed Plat when required per section 13‐6.04, Chapter
13 of the JCZO.
e. Floodplain, Irrigation canals, drainage ditches and laterals, rivers,
designated wetlands, streams, springs, and reservoirs.
f. Municipal services.
g. Utilities.
9. A topographical map of the Preliminary Plat, which shall not be less than 8 ½” x 11”
in size, nor larger than 18” x 27”.
10. The proposed on and offsite improvements pertaining to Streets, culinary and
irrigation water supply, sanitary sewer systems, storm water systems, fire
protection facilities and proposed utilities and Easements.
11. Verification that the following public agencies received a copy of the proposed
Preliminary Plat and were requested to submit written comment on the
Application:
a. Health Authority for the State of Idaho

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 b. Idaho Department of Water Resources
c. Appropriate Fire District
d. Appropriate Highway District
e. Appropriate Irrigation District
f. Appropriate School District
g. Utility Departments
h. Idaho Department of Fish and Game
i. Appropriate City if the Final Plat is located within an Area of City Impact
Zone
j. Appropriate Postmaster
k. Other agencies identified by the Administrator during the Pre‐Application
Meeting
12. Written comment(s) obtained by the Applicant from the above identified public
agencies
13. A Preliminary Plat produced under the direction of an Idaho licensed Surveyor by
computer aided drafting methods showing the following:
a. The Subdivision name.
b. The name, location, width or centerline and Right‐Of‐Way of all existing
and proposed public Streets.
c. Adjacent Subdivisions and any Streets within those Subdivisions providing
for continuation into the proposed Subdivision.
d. The Lot layout, Lot and block numbers, Lot dimensions, and Lot areas in
square feet or acreage.
e. The location and description of existing and proposed Easements.
f. The location of any ditches, canals, laterals or pipelines located within the
proposed Subdivision.
g. Topography and Current storm water run on and run off conditions of the
Property and preliminary drainage development plan.
h. Location and types of domestic water and sewage systems.
i. The source of any irrigation water and the points of delivery through
those Lots entitled to receive surface water delivery or municipal water
delivery.
j. The location of existing utilities and preliminary utility development plan
(if possible).
k. Existing Structures.
l. Postal delivery location(s).
m. School bus‐stop location(s).
n. Signage, lighting and parking location(s).
14. A non‐refundable fee, in an amount set by the Board, must be included with each
Application for a Preliminary Plat.

JCZO Chapter 8 Page 8

B. LODGING AND FILING OF APPLICATION
1. The Administrator shall review all Applications lodged with his office for the
purpose of assuring that the information and documentation required by the
above section has been included in or with the Application. The Administrator shall
notify the Applicant of any missing information or documentation and shall notify
the Applicant that no further action on the Application will be taken until the
missing information or documentation has been provided. Any Application that has
consistently remained inactive for the ninety (90) days immediately following the
above notice shall be returned to the Applicant without refund of the Application
fee unless otherwise authorized by the Board. A new fee shall be required for
resubmitted Applications.
2. Upon finding the Application complete, the Administrator shall forward a copy of
the proposed Preliminary Plat to:
a. The Jerome County Assessor, with a request the assessor authenticates the
various legal descriptions of the Plat.
b. The Agency responsible for the dispatch of Emergency Services for
verification of Street names.
3. The Administrator shall notify the Applicant of any inaccuracies or omissions on
the proposed Preliminary Plat discovered by the Assessor’s Office or Emergency
Services. The inaccuracies shall be submitted in the Administrator’s report to the
Commission to determine if this information will be a condition of approval for the
Final Plat or must be corrected and returned for review at the Commission’s next
available meeting.
4. After review of the Preliminary Plat by the assessor and dispatch, and upon the
Administrator’s satisfaction that the Application contains all the necessary
information and documentation, he shall notify the Applicant of such
determination and shall date and mark the Application with the word “Filed”.
Although such determination shall create a presumption that the Application is
complete, the Commission and/or Board shall be free to examine the issue on their
own accord. The Board shall be responsible for making the ultimate determination
on the Application’s “completeness”.
5. Applications shall be considered and determined based upon the provisions of the
JCZO in effect on the date the Application was filed.

C. SUBMISSION TO THE PLANNING AND ZONING COMMISSION

1. SETTING A REVIEW AND PROVIDING NOTICE
a. Upon the filing of an Application, the Administrator shall set the matter for
review before the Commission.
b. The Administrator shall notify all Property Owners within one quarter (¼)
of a mile and the Owner of any LCO located within one (1) mile of the
proposed Plat by way of written notification, which shall be mailed at least
ten (10) days prior to the Commission’s scheduled review. Such notice shall
explain that the purpose of the review is to receive comment as to whether
or not the Application and Preliminary Plat complies with the requirements
of this Chapter.

JCZO Chapter 8 Page 9

 2. COMMISSION REVIEW
At the scheduled time, the Commission shall review the Application and
Administrator’s report, and consider any comments from concerned persons and
agencies.
3. RECOMMENDATIONS
Upon conclusion of its review, the Commission shall render a recommendation to
the Board on whether:
a. The Application is complete.
b. The Application is in compliance with the standards of this Chapter and the
JCZO as a whole.
c. The Application should be approved or denied by the Board.
d. The intended Use of the various Lots in the proposed Subdivision will
comply with the relevant standards of the JCZO.
e. Any conditions that should be imposed on the Application in the event that
it is approved.
f. Any specific information or persons to be heard and/or considered by the
Board in deciding the matter.

D. SUBMISSION TO THE BOARD

1. SETTING A REVIEW; PROVIDING NOTICE; AND APPLICATION INSPECTION
a. Upon receipt of the Commission’s recommendations, the Administrator
shall set the matter for review before the Board.
b. The Administrator shall notify all Property Owners within one quarter (¼)
of a mile and the Owner of any LCO located within one (1) mile of the
proposed Plat by way of written notification, which shall be mailed at least
ten (10) days prior to the Board’s review. Such notice shall explain that the
purpose of the review is to receive comment as to whether or not the
Application and Preliminary Plat complies with the requirements of this
Chapter.
2. REVIEW
At the scheduled time, the Board shall review the Application, Administrator’s
report and Commission’s recommendations, and consider any comments from
concerned persons and agencies.
3. DECISION
a. The Board shall approve an Application and its proposed Preliminary Plat if
the Application is complete and complies with the standards of this Chapter
and the JCZO as a whole.
b. The Board shall conditionally approve an Application and the proposed
Preliminary Plat if it finds it necessary to change or amend portions of the
Plat in order to bring it into compliance with the standards of this Chapter
or other applicable provisions of the JCZO. Imposed conditions shall be
made and shown on the Final Plat.
c. The Board shall deny an Application and the Preliminary Plat if either is
incomplete, or if either fails to comply with the standards of this Chapter or
other applicable provisions of the JCZO and such noncompliance cannot be
conditionally remedied.

JCZO Chapter 8 Page 10

 d. The Board shall provide a written explanation of all final decisions. In the
event the Board decides upon a conditional approval, its written
explanation shall include an outline of all imposed conditions.
4. DURATION
a. An approval or conditional approval of a Preliminary Plat by the Board shall
be valid for a period of one (1) year. Within thirty (30) days of expiration of
the one (1) year period, the Board may approve a written request to extend
such time period up to an additional two (2) years. These time frames shall
not apply to any Preliminary Plat approved prior to 08‐07‐2015, which
instead may be extended upon a single request for a period not to exceed
three (3) years. Failure to record a Final Plat during the one (1) year period,
or during an allotted extension period, shall cause the approved or
conditionally approved Preliminary Plat to be null and void and the matter
shall not proceed forward without the filing of a subsequent Preliminary
Plat Application.
b. In the event that a Final Plat is recorded for only part of an approved
Preliminary Plat as a result of the Subdivision developing in incremental
phases, the Final Plats for the remaining phases may be considered for
approval without resubmission of a Preliminary Plat provided prior Agency
approval is maintained.

8‐7.03 APPLICATION FOR FINAL PLAT

A. Upon approval or conditional approval of the Preliminary Plat, and completion of the
requirements and conditions (if any) contained therein, the Subdivider may cause the
Subdivision to be surveyed and a Final Plat prepared in accordance with the Idaho Code, JCZO,
and approved or conditionally approved Preliminary Plat.

B. A Subdivider may proceed forward with a Final Plat for each planned phase or completed
portion of the underlying Preliminary Plat when the requirements of the respective phase or
portion have been achieved.

C. Procurement of a Final Plat shall be initiated by a completed Final Plat Application being filed
with the office of the Administrator. Such Applications shall be available at the Administrator’s
office.

D. The Final Plat Application shall include the following items:

1. Subdivision name.
2. The names, addresses and telephone number of the Applicant, Subdivider (if
different), engineer (if applicable), and Surveyor who prepared the Final Plat.
3. Legal description and commonly known address or coordinates of the site.
4. A Real Property Summary Sheet and Parcel Map.
5. Document(s) to show title and legal description of Final Plat site (Property Deed).
6. A statement as to whether the proposed Final Plat pertains to the entire area
covered by the approved or conditionally approved Preliminary Plat, or only certain
portions or phases thereof.
7. Verification that the public agencies identified under section 8‐7.02(A) (11) have
received a copy of the proposed Final Plat and were requested to submit written
comment thereon.

JCZO Chapter 8 Page 11

 8. Written statements from supporting agencies, qualified engineers or other
responsible parties as to whether all the improvements and conditions required by
the applicable portions of the Preliminary Plat have been constructed and finalized,
or if not, an explanation as to why the Final Plat is being sought prior to such
completion.
9. A projected cost analysis for each and every outstanding improvement from the
entity contracted to complete the improvement or a qualified expert in the field.
10. A description of how the proposed Final Plat differs, if at all, from the portions of
the approved or conditionally approved Preliminary Plat to which it applies. Such
differences may include, but not be limited to, changes to: Street location;
Easements; boundary lines; number or sizes of Lots; etc.
11. A copy of all Easements, covenants and maintenance agreements imposed and
having authority within the Final Plat site.
12. The final engineering construction drawings for Streets, water, sewers, irrigation
and other public improvements.
13. Statement of marking with monuments by Surveyor of Record, or verification of
compliance with Idaho Code Sections 50‐1331 through 50‐1333, as amended.
14. The Final Plat, that fully complies and conforms to the requirements of Chapter 13,
title 50, of the Idaho Code, as amended, except that the Plat will not be less than
18” x 27” in size and shall additionally include:
a. The name, location, width, centerline and Right‐Of‐Way of all existing and
proposed public Streets.
b. The Lot layout, Lot and block numbers, Lot dimensions, and Lot areas in
square feet or acreage.
c. This note: Maintenance and weed control pursuant to Idaho Code Section
22‐2407 for all Lots shall be the responsibility of the Subdivider until the
Lots are sold and thereafter is the responsibility of the individual Lot
Owner(s).
d. Curve data within at least a minimum of three functions.
e. The certification identified in Idaho Code Section 50‐1333, as amended,
when the Plat is to be recorded with only the exterior monuments set
thereon.
f. The water system certification described by Idaho Code Section 50‐1334,
as amended.
g. When a Subdivision utilizes a surface water delivery system or municipal
delivery system the Final Plat shall show the source of the irrigation water
and the points of delivery through those Lots entitled to receive water. The
location of any ditches, canals, laterals or pipelines located within the
subdivision shall be identified.
h. Any additional information that may have been required at the proceedings
involving the Preliminary Plat before the Commission or the Board.
15. Non‐refundable Application and pass through fees, in the amounts set by the
Board, must be included with each Application for a Final Plat.

JCZO Chapter 8 Page 12

E. LODGING AND FILING OF FINAL PLAT APPLICATION
1. Upon lodging of an Application, the Administrator shall:
a. Review the Application for the purpose of assuring that all available
information and documentation required by the above section has been
included in or with the Application. The Administrator shall notify the
Applicant of any information or documentation that is missing without good
cause. The Applicant shall further be notified that no action on the
Application will be taken until such missing information or documentation
has been provided. Any Application that has remained inactive for a
consecutive ninety (90) day period following such notice shall be returned
to the Applicant without refund of the Application fee, unless otherwise
authorized by the Board. A new fee shall be required for resubmitted
Applications.
b. Verify there is substantial compliance between the proposed Final Plat and
approved or conditionally approved Preliminary Plat. If substantial
compliance is not found, the Administrator may require the matter be
submitted to the Commission for its determination on the issue. If the
Commission agrees that substantial compliance has not been achieved, the
Final Plat Application shall be deemed an Application for an Amended
Preliminary Plat and subjected to the procedures of this Chapter for
approving a Preliminary Plat Application. If proper notice has been given and
all other requirements met, the Commission may proceed forward with
considering the amended Application at the same meeting where it
reviewed the Administrator’s finding. If the Commission finds substantial
compliance does exist, the Application shall proceed forward pursuant to
the procedures of this Chapter.
c. Verify the improvements proposed or shown in the approved or
conditionally approved Preliminary Plat have been constructed to the point
of being substantially complete and all conditions imposed in the
Preliminary Plat have been satisfied. If the Administrator finds such
improvements have not been substantially completed, or finds one or more
of the conditions of the approved Preliminary Plat to be unsatisfied, he shall
then determine if good cause has been demonstrated to explain the
deficiency and which would justify the Final Plat Application proceeding
forward despite the deficiency. If good cause is found by the Administrator,
he shall allow the Final Plat Application to proceed forward per the
procedures of this Chapter. Although the Administrator’s finding of good
cause shall create a presumption of its presence, the Board shall examine
the issue on its own accord and make the ultimate determination. If good
cause is not found by the Administrator, he shall notify the Applicant of the
deficiency and the need to correct it. The Applicant shall be notified that no
further action on the Application will be taken until the correction is made.
Any Application that has remained inactive for a consecutive ninety (90) day
period following such notice shall be returned to the Applicant without
refund of the Application fee, unless otherwise authorized by the Board. A
new fee shall be required for resubmitted Applications.

JCZO Chapter 8 Page 13

 2. Upon the satisfactory review by the Administrator, he shall then forward a copy of
the proposed Final Plat to the Jerome County Assessor and the County Surveyor,
requesting the Surveyor verifies the Plat to be in compliance with Idaho Code. Any
inaccuracies or omissions in the proposed Final Plat discovered by either entity
shall be remedied by the Applicant before further processing of the Application.
The Administrator shall notify the Applicant of those findings and the fact that no
further action on the Application will be taken until the necessary corrections are
made. Any Application that has remained inactive for a consecutive ninety (90) day
period following such notice shall be returned to the Applicant without refund of
the Application fee, unless otherwise authorized by the Board. A new fee shall be
required for resubmitted Applications.
3. Upon the satisfactory review of the Final Plat by the County Surveyor, the
Administrator shall deem the Application filed with his office by dating and marking
the Application with the word “Filed”. The Applicant shall be notified of such
determination. Although such classification shall create a presumption that the
proposed Final Plat is legally correct, the Board shall be free to examine the issues
on its own accord and make the ultimate and final determination.
4. Applications and their proposed Final Plats shall be considered and determined
based upon the provisions of the JCZO in effect on the date the Final Plat
Application was filed.

F. SUBMISSION TO THE BOARD

1. SETTING A REVIEW AND PROVIDING NOTICE
a. Upon the filing of an Application, the Administrator shall set the matter for
review before the Board.
b. The Administrator shall notify all Property Owners within one quarter (¼)
of a mile and the Owner of any LCO located within one (1) mile of the
proposed Final Plat by way of written notification, which shall be mailed at
least ten (10) days prior to the Board’s scheduled review. Such notice shall
explain that the purpose of the review is to receive comment as to whether
or not the Application and Final Plat complies with the requirements of this
Chapter.
2. REVIEW
At the scheduled time, the Board shall review the Application and Administrator’s
report, and consider any comments from concerned persons and agencies.
3. DECISION
a. The Board shall approve an Application and Final Plat if:
i. The Application is complete and complies with the standards of this
Chapter and the JCZO as a whole; and
ii. The Final Plat is in substantial compliance with the approved or
conditionally approved Preliminary Plat; and
iii. The improvements proposed in the approved or conditionally
approved Preliminary Plat, and the conditions stated therein, have
been substantially completed and satisfied; or if not, good cause
has been demonstrated that justifies the Application’s approval
despite the incomplete improvements and/or unsatisfied
conditions; and

JCZO Chapter 8 Page 14

 iv. The Final Plat contains signatures of approval from the following:
 Health Authority
 Surveyor for Jerome County
 Appropriate Irrigation District
 Appropriate Highway District
 Appropriate Fire District
 Jerome County Treasurer
b. The Board shall deny an Application and the Final Plat if:
i. The Application and/or Final Plat is not complete; or
ii. The Final Plat is not in substantial compliance with the approved or
conditionally approved Preliminary Plat; or
iii. The improvements proposed in the approved or conditionally
approved Preliminary Plat have not been constructed to the point
of substantial completion and/or one or more of the conditions
imposed on the Preliminary Plat remain unsatisfied, and good
cause for such deficiencies has not been demonstrated.
iv. The Final Plat does not have on it one or more of the signatures
from the entities listed under section 8‐7.03(F)(3)(a)(iv), JCZO.
c. If the Board denies a Final Plat, or if its decision approving a Final Plat
involves a “good cause” analysis and determination, it shall provide a
written explanation of its decision. If the Board approves a Final Plat
without the necessity of making a “good cause” analysis and determination,
it may offer its written explanation approving or conditionally approving
the Preliminary Plat as the basis for approval of the Final Plat.
4. RECORDING AND SUBDIVISION PERMIT ISSUANCE
a. A Subdivision Permit shall be issued upon:
i. Approval of the Final Plat Application;
ii. Verification the Final Plat has been recorded;
iii. Submission of a Final Plat without bearings and calls reduced to
eight and one half by eleven inches (8½” x 11”) for addressing
purposes; and
iv. Submission of any funds required by the Board to guarantee
completion of any infrastructures the Board found to be
incomplete when approving the Final Plat Application.

8‐8 PROCEDURE FOR ACQUIRING A MINOR SUBDIVISION PERMIT

The Applicant of a Minor Subdivision Permit may request the Preliminary and Final Plat
Applications be processed simultaneously if all relevant information required for both a
Preliminary and Final Plat, as outlined in the respective sections above, is submitted with the
Application, and the proposed Subdivision qualifies as a Minor Subdivision as such is defined in
this Chapter. Minor Subdivision Applications shall be processed and determined pursuant to the
procedures established above for acquiring a Subdivision Permit.

JCZO Chapter 8 Page 15

8‐9 PROCEDURE FOR ACQUIRING A MINOR FINAL PLAT AMENDMENT

8‐9.01 PRE‐APPLICATION MEETING

A. A Pre‐Application Meeting between the Subdivider and Administrator shall occur prior to the
filing of Minor Final Plat Amendment Application. At the meeting, the Subdivider shall submit
a narrative describing in detail the proposed amendment(s) to enable the Administrator to
review and comment on the proposed Amendment. The pre‐information submitted shall
include a Sketch Plat that shows the entire developmental scheme of the proposed
Amendment and which shall also include:
1. The general layout and approximate dimension of Streets, Blocks, and Lots.
2. The location of Utilities.
3. Existing and proposed Easements.
4. The location for canal, ditches and drainage within the proposed Subdivision and
adjacent properties.
5. Location and types of domestic water and sewage systems.
6. Postal Delivery Location(s).

B. Upon receipt, the Administrator shall review the information submitted for the Minor Final
Plat Amendment. If the Administrator determines the proposal is beyond the scope of a minor
amendment, he shall notify the Applicant that the proposal requires a new Subdivision Permit
per the parameters of this Chapter.
C. If the Administrator determines the proposal qualifies as a Minor Final Plat Amendment, he
shall notify the Subdivider accordingly.

8‐9.02 APPLICATION FOR MINOR FINAL PLAT AMENDMENT

A. Upon notification by the Administrator that the proposal is proper, the Applicant shall submit a
Final Plat Application as described in Section 8‐7.03(D)(1‐15) of this Chapter.

B. Upon submission of the Application, the Administrator shall forward a copy of the proposed
amended Final Plat to:
1. The Jerome County Assessor, with a request the assessor authenticates the various
legal descriptions of the amended Plat.
2. The Agency responsible for the dispatch of emergency services for verification of
Street names if applicable.

C. The Administrator shall notify the Applicant of any inaccuracies or omissions on the proposed
amended Plat discovered by the Assessor’s Office or Emergency Services.

D. An Application for a Minor Final Plat Amendment shall be reviewed, heard and determined
pursuant to the procedures set forth under sections 8‐7.03(E) and (F) of this Chapter.

JCZO Chapter 8 Page 16

8‐10 PURPOSE AND PROCEDURE FOR A CLUSTER SUBDIVISION
The purpose of a Cluster Subdivision Permit is to allow for a procedure of development that results
in improved living and working environments; promotes or encourages a variety of Commercial
Buildings and/or Residential Dwelling types; encourages ingenuity and originality in total
Subdivision and individual site design; preserves open space so as to preserve or create
recreational, scenic, agricultural, and public service purposes. To achieve these goals, variations
in Lot areas are permitted; deviations of Setback requirements may be allowed; procedures are
established to assure adequate maintenance and restricted Use of open space areas for the
benefit of the inhabitants of the Subdivisions or for dedication to the public use or for the purpose
of agricultural use; and procedures are established to assure adequate protection of existing and
potential developments adjoining the proposed Subdivision. A Cluster Subdivision Permit shall be
obtained per the procedures of a Subdivision Permit as outlined under section 8‐7 of this Chapter.

8‐11 VACATION OF PLATS

Regulations and procedures for vacation of a Plat shall comply with the provisions of the Idaho
Code Section 50‐1306A as amended.

SECTION II

8‐12 DESIGN AND IMPROVEMENT STANDARDS

The standards provided herein are minimum standards. Higher standards may be imposed on a
Development if recommended by a participating Public Agency. Subdivisions within the Area of
City Impact are subject to additional requirements outlined in Chapter 10 of the JCZO.

8‐12.01 LOT DESIGN

A. Lot Arrangement. The Lot arrangement shall be such that there will be no foreseeable
difficulties, for reasons of topography or other conditions, in providing driveway access to
Buildings on the Lots from an approved Street and in securing Building Permits to build on all
Lots in compliance with the JCZO and Health Authority Regulations.

B. Lot Placement. No single Lot shall be divided by a section line, municipal or county boundary
line, Street or Right‐Of‐Way.

C. Lot Dimensions. Depth and width of properties reserved or laid out for Commercial or
Industrial purposes shall be adequate to provide for the off‐street parking and loading facilities
required for the type of Use and development contemplated, as established in applicable
chapters of the JCZO.

D. Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all Buildings,
and individual Lot drainage shall be coordinated with the general storm drainage pattern for
the area. Drainage shall be designed so as to avoid concentration of storm water run‐off to
and from each adjacent Lot.

JCZO Chapter 8 Page 17

 E. Lot Size. All Lots shall be a minimum of one (1) acre with the following exceptions:
1. Lots in a Cluster Subdivision.
a. A Cluster Subdivision shall consist of as many acres as there are planned for
open space, Commercial Buildings or Residential Dwellings, although each
structure is not required to occupy its own separate acre. For example, an
eight acre Subdivision may have eight homes clustered on two acres, with
the remaining six acres left for public or open space purpose.
2. Lots in a Subdivision with Public or Private Water and Sewer services.
3. Lots for Utilities or open space not intended for residential or commercial
Development.

8‐12.02 PUBLIC IMPROVEMENTS

A. REQUIRED PUBLIC IMPROVEMENTS

1. Post Office Cluster Box Units (CBU) must be installed for mail delivery within a
Subdivision. Subdivider will provide a CBU of a certain size and in a specific location
as directed by the Postmaster responsible for delivery to the Subdivision. The CBU
requirement may only be waived by obtaining a written statement from the
Postmaster.
2. Street name signs shall be installed at appropriate locations at each Street
intersection.
3. Adequate storm drainage shall be required in all Subdivisions.
4. For all Subdivisions any irrigation delivery system must be approved by the
irrigation entity charged with delivery of water to said lands. Such approval shall
be limited to the compatibility of proposed irrigation systems with the irrigation
entity's facilities and future maintenance of irrigation systems.
5. Wells and Septic systems shall be installed in conformance with all regulations of
the Idaho Department of Water Resources and the Health Authority for the State
of Idaho (South Central Public Health District).
6. If a proposed Subdivision is to be serviced by a central water supply or a central
sewer system in lieu of individual wells and septic systems, the Subdivider shall
provide documentation from the governmental entity responsible for approval of
such systems. The Subdivider shall create an instrument recorded with the Jerome
County Recorder delegating responsibility to those Owners receiving services to
assure continued maintenance of said system.

B. STANDARDS ON STREET NAMES

1. Street names shall not duplicate any existing Street name within the County unless
the new Street is a continuation of an existing Street. Street names that sound the
same but are spelled differently shall not be used.
2. Streets which are predominantly north south in direction shall be denominated as
avenues or roads; Streets which are predominantly east‐west in direction shall be
denominated as Streets or Ways; meandering Streets shall be named drives, lanes,
paths, or trails.

JCZO Chapter 8 Page 18

C. PRIVATE STREET STANDARDS
Private Street construction shall be the responsibility of the Subdivider. Prior to approval
of the Final Plat, validation of completion and adherence to Street standards included
herein shall be required to be submitted to the Administrator by a licensed engineer.
1. Clearing and Grubbing shall consist of the removal and disposal of all organic and
other deleterious material from the roadway. All material removed under clearing
shall be disposed of off the roadway and drainage ditches.
2. Subgrade
a. The subgrade shall consist of the natural materials remaining after all
topsoil and duff (organic material) have been removed and good
construction material is remaining.
b. In solid rock excavation, the solid rock shall be excavated 6” below the
finished subgrade and backfilled with a good granular material.
c. Unstable subgrade conditions shall be remedied by sub‐excavation and
backfilling with good granular material.
d. Subgrade shall be compacted to a density no less than 95% of an American
Association of State Highway and Transportation Officials (AASHTO) T99
Proctor Density.
3. Subbase of Ballast (If needed)
a. Approved pit run material may be used for the ballast course or subbase
course (if needed). The material shall be durable, have a sand equivalent
not less than 30, and shall meet the following gradations:

Sieve Size % Passing

4” 100
3” 98‐100
2” 75‐100
1” 40‐80
#4 25‐60
#200 5‐12

b. The ballast or subbase material shall be constructed in layers not to exceed

8” in thickness and shall be compacted using mechanical methods to at
least 95% of the (AASHTO) T99 Proctor Density.
4. Base Material
a. The minimum crushed aggregate that can be used for the base course shall
be ½” gradation and shall be 6” in depth after it has been compacted and
shall comply with the following gradations:

Sieve Size % Passing

¾” 100
½” 90‐100
#4 45‐70
#8 30‐55
#200 3‐10

JCZO Chapter 8 Page 19

 b. The material shall be laid in 1 or more layers to develop the specified
compacted depth. Material shall be mechanically compacted by rolling to
95% of the (AASHTO) T99 Proctor Density. Care shall be taken to see that
the aggregate is placed in such a manner that it will have a uniform mixture
throughout.
5. Fire Apparatus Access Roads shall meet the standards of the currently adopted
International Fire Code as it may be amended from time to time.
6. A Road Maintenance Agreement shall be recorded in Jerome County as a separate
agreement or the maintenance responsibilities may be addressed in the Recorded
Covenants, Conditions and Restrictions (CC&R’s) of an Owners Association for the
Subdivision.

D. PUBLIC STREET STANDARDS

1. Streets appearing on any Plat submitted for approval shall be dedicated to the
public in writing on said Plat. Subdivisions proposed and developed with private
Streets authorized by Idaho Code 50‐1309, will remain as such. A Private Street
may become a Public Street provided it has been found to have been constructed
in accordance with the standards set forth herein and appropriate Right‐Of‐Way is
dedicated to the Highway District by acceptable deed or Easement.
2. All Streets shall conform to any County‐adopted plan.
3. Streets shall be arranged to conform to the topography, thereby promoting usable
residential Lots, reasonable gradients, and safe vehicular and pedestrian traffic.
4. If a Subdivision abuts on, or contains, an arterial Street, a frontage road paralleling
each side of said arterial may be required for safe and adequate access to
residential properties as well as to provide for separation of local and through
traffic.
5. Streets shall provide for continuation of existing and adjacent Streets unless this
requirement is waived by the Board. If adjoining areas are not Subdivided, Streets
contained in the Subdivision shall extend to tract boundary lines to facilitate future
extensions.
6. Street Right‐Of‐Way widths shall conform to the following standards
a. Major arterial ‐ 120 feet
b. Minor arterial ‐ 80 feet
c. Collector Street ‐ 60 feet
d. Local Street ‐ 50 feet
7. No local or collector Streets shall exceed seven (7) percent grade and shall not be
less than one‐half (1/2) of one (1) percent grade. Cross slope gradients shall not be
less than one (1) percent.
8. Street lines deflecting from each other being more than twenty (20) degrees in
alignment shall have their center lines connected by a curve with a minimum radius
of five hundred (500) feet for arterial Streets, three hundred (300) feet for collector
Streets, and one hundred fifty (150) feet for local or minor Streets. Between
reverse curves on arterial and collector Streets there shall be a minimum tangent
distance of two hundred (200) feet.
9. Minimum Sight Distance shall be two hundred fifty (250) feet for minor Streets and
five hundred fifty (550) feet for collector and other Streets.

JCZO Chapter 8 Page 20

 10. Cul‐de‐sacs will generally not be allowed. Cul‐de‐sacs of a temporary nature may
be allowed, providing each Right‐Of‐Way is shown on the Plat and approved by the
Highway District. If buses are expected to use the cul‐de‐sac, the minimum Right‐
Of‐Way shall be a 70 foot radius. Loop roads shall have a minimum outside radius
of 180 feet.
11. Drainage culverts, where required, shall connect at the bottoms of adjacent
borrow pits. Transport pipes installed in connection therewith shall extend the full
width of the Right‐Of‐Way. All culvert, cross‐drain, or irrigation pipes within the
Right‐Of‐Way shall be in accordance with the appropriate Highway District current
specifications. Such pipe shall be of sufficient capacity to drain or transport the
water where installed, and it shall be subject to approval by the appropriate
Highway District before installation.
12. All driveways or approaches from any public Street shall have either a sufficient
pipe culvert or depressed section at the roadway ditch line to permit the free flow
of roadway drainage.

E. ROADWAY CROSS SECTION

1. Curb, gutter and storm water drainage, when required by the appropriate Highway
District, shall have a cross section extending the full width of the Street Right‐Of‐
Way.
2. Roadside ditches shall be a minimum of one (1) foot deep and have fore slopes not
to exceed 2/1 slope.
3. The area between the ditch line and the Right‐Of‐Way shall be contour graded.
4. Any dedicated Streets shall be constructed to the minimum standards of the
applicable Highway District prior to acceptance by the Highway District for long
term maintenance.
5. The maintenance of all Streets shall be the responsibility of the Subdivider until
such time as the applicable Highway District accepts the Street for long‐term
maintenance.

F. INTERSECTIONS
1. Streets shall intersect at an angle as near to ninety (90) degrees as possible; no
angle of intersection shall be less than seventy (70) degrees.
2. Minimum clear site distance at all intersections shall permit vehicles to be mutually
visible when each is at least one hundred (100) feet from the center of the
intersection.
3. No more than two (2) Streets shall intersect at any point.
4. The centerlines of Streets shall be offset by a distance of at least one hundred
twenty five (125) feet except where a frontage road is required by the JCZO; in
which case, centerlines may offset each other by a minimum distance of eighty (80)
feet.
5. Intersections shall be designed so that the grade is as nearly flat as possible, and
consideration shall be given to an appropriate drainage slope. The flat section shall
extend in a circular pattern a distance of one hundred (100) feet from the point of
intersection. A maximum grade of two percent (2%) shall be allowed in rolling
terrain; a maximum of four percent (4%) grade shall be allowed in hilly terrain.

JCZO Chapter 8 Page 21

8‐12.03 OPTIONAL PUBLIC IMPROVEMENTS

A. Driveways, curbs, gutters, storm water drainage and sidewalks may be constructed on any
Street in the Subdivision with the approval of the responsible Highway District.

B. Monuments and/or signs must comply with applicable chapters of the JCZO.

C. Parking/loading/lighting must comply with the applicable chapters of the JCZO.

D. All School Bus Stops planned for a Subdivision, whether required by a public agency or being
placed at the option of the Subdivider, shall be approved by the responsible School District or
Bus Company.

8‐12.04 COMMUNITY FACILITY PROVISIONS WITHIN SUBDIVISIONS

A. This section identifies the responsibilities of public agencies, of the landowner (individual or
an Association of Homeowners), and of the Subdivider for the dedication of land, the
construction of public improvements, the maintenance of those improvements, and the
ownership of those improvements. The following chart shows the proposed division and
assignment of those responsibilities. This division of responsibilities is derived from the
following policies:
1. Those facilities that are required primarily to serve residents or the Users of the
Subdivision are the responsibilities of the Subdivider and/or Owner.
2. Those facilities that primarily serve the entire urban area are the responsibilities of
local government.

JCZO Chapter 8 Page 22

 PROVISIONS FOR COMMUNITY FACILITIES WITHIN SUBDIVISIONS

COMMUNITY OPEN SPACE IMPROVEMENTS MAINTENANCE OWNERSHIP

FACILITIES
Curb, Gutter and Storm Subdivider Subdivider Owners* Owners*
Water Drainage
Irrigation Subdivider Subdivider Owners Owners

Lighting (Street, Open Subdivider Subdivider Owners Owners

Space, Monument)
Mail box (CBU) Subdivider Subdivider Owners Owners
Mail box (individual) Owners Owners Owners
Open Space ** Subdivider Subdivider Owners Owners

Parking/Loading/Lighting Subdivider Subdivider/Owner Owners Owners

Power‐Telephone‐Cable Subdivider Subdivider Others Others

Sanitary Sewer Lines Subdivider Subdivider Owners* Owners*

Septic (Individual) Owners Owners Owners Owners

Sidewalks Subdivider Subdivider Owners Owners

Signs/Monuments Subdivider Subdivider/Owner Owners Owners

Storm Drainage Subdivider Subdivider Owners Owners

Streets Subdivider Subdivider Public* Public*

Street Landscaping Owners Owners Owners Owners

Street Signs Subdivider Subdivider Owners* Owners*

Treatment Plants Subdivider Subdivider Owners* Owners*

Water Systems Subdivider Subdivider Owners* Owners*

Well (Individual) Owners Owners Owners Owners

* Upon acceptance by the responsible Highway District, City or State Agency.

** Land furnished by Subdivider

8‐12.05 SPECIAL LOCATION SCENIC OR HISTORIC AREAS

A. Existing Features such as watercourses, falls, historic spots and similar irreplaceable assets,
shall be preserved in the design of the Subdivision.

B. Interference in wildlife migratory corridors or raptor habitats shall be mitigated in the design
of the Subdivision.

JCZO Chapter 8 Page 23

 CHAPTER 7
SPECIAL USE
(CONDITIONAL USE)

7-1. GENERAL

7-1.01 It is apparent that there is an ever increasing number of new uses for property. Many of
these new uses, as well as some other conventional uses, have characteristics of such unique
and special nature relative to location, design, size, method of operation, circulation, and
public facilities that each use must be considered separately.

7-1.02 The Planning and Zoning Commission shall hold a public hearing on each Special Use Permit
application as specified in the Schedule of Regulations. The Planning and Zoning Commission
may approve without reservation, approve with additional conditions, or deny the request
for a Special Use Permit. The Planning and Zoning Commission shall act under the conditions
as hereon specified, and the Planning and Zoning Commission shall consider such additional
safeguards as will uphold the intent of this Ordinance. (Amended 11-9-06, 10-20-08)

7-1.03 APPLICABILITY (Amended 12-17-90)

This chapter applies to all Special Uses except Livestock Confinement Operations which are
covered in Chapter 13 of this Ordinance.

7-2. CONTENTS OF APPLICATION FOR A SPECIAL USE PERMIT

7-2.01 An application for Special Use Permit shall be filed with the Administrator by at least one (1)
owner or lessee of the property for which the Special Use is proposed. The application shall
provide the following information:
a. The name, complete address, and telephone number of the applicant.
b. The legal description of the property.
c. A full description of the present use of the property.
d. The present, zoning district of the property.
e. A full description of the proposed Special Use.
f. A site plan, drawn to scale, of the proposed site for the Special Use
which shows the location of all buildings, parking and loading areas, traffic
access, traffic circulation, open spaces, landscaping, refuse area, service area,
utilities, signs, yard(s) and such other information as the Planning and Zoning
Commission may require in an effort to determine if the proposed Special Use
meets the intent and the requirements of this Ordinance. (Amended 11-9-06,
10-20-08)
g. A narrative statement which evaluates the effects of such elements as noise,
glare, odor, fumes, and vibration on adjoining property. The applicant shall
discuss the general compatibility of the use with adjacent and other properties
in the district. (Amended 4-6-06)

JCZO Chapter 7 Page 1

 h. Documentation from public agencies and affected individuals indicating
response to the proposed use. For example, letters (a) from the North Side
Canal Company indicating that "the drainage from the proposed improvement
does not adversely affect canals, canal laterals, nor waste water drainage", (b)
from the Health Authority evaluating the proposal and containing specific
recommendations concerning it, and (c) from the Jerome County Highway
Commission evaluating the proposal and its effect upon public roads.
i. A non-refundable fee, determined by the governing board, shall accompany
each application for a Conditional Use or Special Use Permit.

7-2.02 All applications for Special Use Permit, which include a structure that exceeds the maximum
height requirement of this Ordinance, shall include a Variance request with the application
and the Special Use Permit and Variance shall be considered in one application. All existing
uses that have a Special Use Permit shall obtain Variance if a structure which exceeds the
maximum height requirement of this Ordinance is added to the site. (Added 3-21-02)

7-3. GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USES

7-3.01 The Planning and Zoning Commission shall review the facts and circumstances of each
proposed Special Use, and that same Use may be granted to an applicant if the proposed Use
is otherwise prohibited by the terms of this Ordinance; however, the same Use may be
allowed with conditions appended by the Planning and Zoning Commission and/or the Board
under specific provisions of this Ordinance if the proposed Use is otherwise prohibited by the
terms of this Ordinance. The Use must not conflict with the Comprehensive Plan, and it may
be allowed subject to conditions and terms, including the following standards. The Planning
and Zoning Commission shall find evidence sufficient to show that each proposed Use at the
proposed location will comply with Idaho Code 67-6512 and will: (Amended 11-9-06, 10-20-
08)
a. Constitute a Special Use as established on the Official Schedule of District
Regulations for the zoning district involved.
b. Be designed, constructed, operated, and maintained to be harmonious and
appropriate in appearance to the existing or intended character of the general
vicinity. The proposed Use will not change the essential character of the area.
c. Produce no hazard nor disturb the present neighboring uses.
d. Be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewers, and schools. If such services are not already available in
the area, the person or agent responsible for the establishment of the
proposed Use shall provide such services.
e. Not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the
community.
f. Not involve uses, activities, processes, materials, equipment, conditions, or
operations that will be detrimental to any person or property, nor to the

JCZO Chapter 7 Page 2

 general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, or odors.
g. Have vehicular approaches to the property which are designed to avoid the
creation of interference with traffic on surrounding public thoroughfares.
h. Not result in the destruction, loss of, nor damage to a natural, scenic, or historic
feature.
i. All new land use changes shall be required to use surface water, where
reasonably available, as the primary water source for irrigation in accordance
with Idaho Code 67-6537 USE OF SURFACE AND GROUND WATER. (Amended 4-
6-06)

7-4. PUBLIC SITES AND OPEN SPACES

7-4.01 Public sites and open spaces shall conform to the following:

a. PUBLIC USES
Where it is determined that a proposed park, playground, school or other
public use as shown on the future acquisition may, as authorized in Section 67-
6517, Idaho Code, is located in whole or in part within a proposed
development, the Planning and Zoning Commission shall notify the appropriate
public agency concerning the proposed acquisition of land. Within thirty (30)
days of the date of notice, the public agency may request the governing body to
suspend consideration on the permit for sixty (60) days after the date of the
request. If an agreement is not made within the aforesaid sixty (60) days the
Planning and Zoning Commission shall resume consideration of the Special Use
application. (Amended 11-9-06, 10-20-08)
b. NATURAL FEATURES
Existing natural features which add value to residential development and
enhance the attractiveness of the community, such as trees, watercourses,
historic sites, and similar irreplaceable assets, shall be preserved in the design
of the development.
c. SPECIAL DEVELOPMENTS
In the case of planned unit developments and large-scale developments, the
Planning and Zoning Commission may require sufficient park or open space
facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.(Amended 11-9-08,10-20-08)

7-5. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS

7-5.01 In granting any Special Use, the Planning and Zoning Commission may prescribe appropriate
conditions, bonds, and safeguards in conformance with this Ordinance. Violations of such
conditions, bonds, or safeguards, when made a part of the terms under which the Special
Use is granted, shall be deemed a violation of this Ordinance. Upon granting a Special Use

JCZO Chapter 7 Page 3

 Permit, conditions may be attached to the Special Use Permit including, but not limited to
those which: (Amended 11-9-06, 10-20-08)
a. Minimize adverse impact on other development.
b. Control the sequence and timing of development.
c. Control the duration of development.
d. Assure that development is maintained properly.
e. Designate the exact location and nature of development.
f. Require the provision for on-site or off-site public facilities or services.
g. Require more restrictive standards than are generally required in an ordinance.

Prior to granting a Special Use Permit, studies may be required of the social, economic,
fiscal, and environmental effects of the proposed Special Use. A Special Use Permit
shall not be considered as establishing a binding precedent which grants other Special
Use Permits. A Special Use Permit is not transferable from one parcel of land to
another. (Idaho Code 67-6512).

7-6. PROCEDURE FOR HEARING NOTICE

7-6.01 Prior to granting a Special Use Permit, at least one (1) public hearing shall be held during
which interested persons shall have an opportunity to be heard. At least fifteen (15) days
prior to the hearing, notice of the time and place of the hearing as well as a summary of the
proposal to be heard shall be published in the official newspaper or in a paper of general
circulation within the jurisdiction. Notice may be made available to other newspapers, radio
stations, and television stations serving the jurisdiction for use as a public service
announcement. Notice shall be provided to property owners having property within one-
quarter (1/4) mile outside the perimeter of the land being considered for Special Use, and
similar notice shall also be given in any additional area that may be substantially impacted by
the proposed Special Use as determined by the Planning and Zoning Commission. When
notice is required for two hundred (200) or more property owners and/or residents, two (2)
notices published in the official newspaper or in a newspaper of general circulation shall be
considered as sufficient notice to that population. The second of the two notices published in
the newspaper shall appear ten (10) days prior to the public hearing. (Amended 4-17-03, 11-
9-06, 10-20-08)

7-7. ACTION BY THE PLANNING AND ZONING COMMISSION (Amended 11-9-06, 10-20-08)

7-7.01 Within one hundred eighty (180) days following the public hearing, the Planning and Zoning
Commission shall either approve without reservation, approve with additional conditions, or
deny the application for Special Use as presented. If the application is approved without
reservation, or approved with additional conditions, the Planning and Zoning Commission
shall direct the Administrator to issue a Special Use Permit stating the conditions specified by
the Planning and Zoning Commission for approval. The conditions which may be attached to
a Special Use Permit include, but are not limited to, those which: (Amended 11-9-06. 10-20-
08)

JCZO Chapter 7 Page 4

 a. Minimize adverse affect(s) on other development.
b. Controlling the sequence and timing of development.
c. Control the duration of the development.
d. Assure proper maintenance of the development.
e. Indicate the exact location and nature of the development.
f. Require the provision of on-site public facilities and services.
g. Require more restrictive conditions and standards than those generally
required in an ordinance.

7-7.02 Prior to granting a Special Use Permit, the Planning and Zoning Commission may request
studies from various sources, including public agencies, concerning social, economic, fiscal,
and environmental effects from the proposed Special Use. A Special Use Permit is not
transferable from one parcel of land to another. (Amended 11-9-06, 10-20-08)

7-7.03 When it grants or denies an application for a Special Use Permit, the Planning and Zoning
Commission shall specify: (Amended 11-9-06,10-20-08)
a. The Ordinance(s) and standards and/or regulations used in evaluating the
application.
b. The reasons for approval or denial.
c. The actions, if any, that an applicant might take should he reapply.

7-7.04 The applicant, or any affected person, who appears, in person or in writing, before the
Planning and Zoning Commission may appeal the decision of the Planning and Zoning
Commission to the Board; any appeal must be submitted to the Board within fifteen (15)
days after the date of the action of the Planning and Zoning Commission. (Amended 11-9-06,
10-20-08)

7-8. NOTIFICATION TO APPLICANT

7-8.01 The Administrator shall send written notification of the action of the Planning and Zoning
Commission to the applicant within ten (10) days after the Planning and Zoning Commission
has made its decision. The notification shall set forth the reasons and conditions pertinent to
the decision of the Planning and Zoning Commission. (Amended 11-9-06, 10-20-08)

7-9. APPEAL PROCEDURE

Any affected person aggrieved by a final decision of the Administrator or Planning and
Zoning Commission may appeal that decision according to the provisions of Chapter 23 of
the JCZO or other applicable provisions of law.

7-10. VIOLATIONS (Added 5-28-96)

JCZO Chapter 7 Page 5

7-10.01 a. Failure to comply with any of the conditions upon which the Special Use Permit
was granted shall be deemed a violation of the Special Use Permit and of the
Ordinance.
b. Failure to comply with the proposed plan and description of the Special Use
within two (2) years of issuing the permit shall be a violation of the Special Use
Permit.
c. Failure to comply with the general standards applicable to all Special Uses as
outlined in Section 7-3.01 shall be a violation of the Special Use Permit.

7-10.02 A violation of the Special Use Permit shall be prosecuted as a violation of the JCZO as
provided in Chapter 20 of this Ordinance.

7-11. PENALTIES (Added 5-28-96)

7-11.01 A violation of the Special Use Permit shall subject the property owner to the penalties
prescribed in Chapter 20 of the JCZO.

7-11.02 In addition to the other penalties provided after a finding of violation by the court or after
notice and hearing before the Planning and Zoning Commission and a finding of violation of
any condition or limitation of the Special Use Permit, the Planning and Zoning Commission
may suspend or revoke the Special Use Permit. (Added 5-28-96; 11-9-06,10-20-08)

JCZO Chapter 7 Page 6

 CHAPTER 6
PERFORMANCE STANDARDS

6‐1 GENERAL
6‐2 DEFINITIONS
6‐3 HOUSING DENSITY
6‐4 LIVING QUARTERS AS AN ACCESSORY USE
6‐5 AGRICULTURAL USES NOT REGULATED BY CHAPTER 13
6‐6 PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES
6‐7 PROVISIONS FOR UNIQUE USES OF LAND
6‐8 MINIMUM LOT REQUIREMENTS
6‐9 SINGLE NON‐CONFORMING PARCELS OR LOTS
6‐10 VARIANCES
6‐11 EASEMENTS
6‐12 VIOLATIONS

6‐1 GENERAL
The purpose of Performance Standards is to set specific conditions for various uses and to
establish a classification of uses in areas where problems are encountered.

6‐2 DEFINITIONS

COMPOST
A stable, humus‐like finished product resulting from the biological decomposition of organic
materials that doesn’t show any spike in temperature when remixed, smells earthy with no foul
odors, and none of the initial materials can be identified.

COMPOSTING
The production of compost.

SEWAGE LAGOON
An open pit or impoundment, and any open delivery component thereof (e.g. drains, ditches,
culverts, etc.), that are designed for the containment of municipal, residential, commercial, and
industrial waste, treated or untreated, that is produced by the day to day operations of such
municipality, residence, commercial or industrial enterprise.

WASTE LAGOON
An open pit or impoundment, and any open delivery component thereof (e.g., drains, ditches,
culverts, etc.), that are designed for the containment of Liquid Waste Matter, treated or
untreated, that is produced by the day‐to‐day operations of an LCO or other kind of animal
facility.

WASTE MATTER
Any matter included in the definitions of "waste products," "dead animal," or "hazardous
materials," as well as all other waste accumulation (animal, vegetable and/or other), or any
combination thereof, that is putrescible or easily decomposable, such as, but not by way of
limitation, manure, urine, or other kinds of discarded matter.

JCZO Chapter 6 Page 1

 WASTE PRODUCTS
Feed or bedding materials, such as straw, grass, hay, alfalfa, or other like products that have
been abandoned or discarded, whether in piles, spread about the ground, in stacks, dilapidating
or otherwise, that has no substantial market value because of it being in a used, spoiled, rotten,
or molded condition; insect or rodent infested; exposed to the elements; or for other like
reasons.

6‐3 HOUSING DENSITY

The number of residential dwellings allowed in any particular zone shall be as follows:

(A‐1) AGRICULTURE:
One (1) per parcel unless otherwise stated in the JCZO.

(A‐L) AGRICULTURE LIMITED; (IMP‐AL) CITY IMPACT AREA AGRICULTURE LIMITED; AND (IMP‐
RES) CITY IMPACT AREA RESIDENTIAL:
One (1) per parcel unless otherwise stated in the JCZO.

(A‐2) RURAL RESIDENTIAL:

One (1) per acre unless otherwise stated in the JCZO.

(CC) COMMERCIAL CORRIDOR; (CG) COMMERCIAL GENERAL; (IL) LIGHT INDUSTRIAL; (IH) HEAVY
INDUSTRIAL; (IMP‐COM) CITY IMPACT AREA COMMERCIAL; AND (IMP‐IND) CITY IMPACT AREA
INDUSTRIAL:
Residential dwellings not allowed. Living Quarters may be permitted by Special Use Permit.

(REC 1, 2, 3) RECREATION
SEE CHAPTER 9

(AR) AIRPORT:
Residential dwellings not allowed (residences for employees overseeing the airport excluded).

6‐4 LIVING QUARTERS AS AN ACCESSORY USE

All commercial uses incorporating a Living Quarters into the business as an accessory use
thereof shall require a Special Use Permit. Such Living Quarters shall be integrated into a
commercial structure and shall in no event be erected as a stand‐alone dwelling or residential
house.

6‐5 AGRICULTURAL USES NOT REGULATED BY CHAPTER 13

This section shall apply to those uses specified below that are not otherwise regulated by
Chapter 13 of the JCZO.

6‐5.01 SOLID WASTE MATTER AND COMPOST STACKED, STORED, OR LAND APPLIED

A. IMPORTED
1. All waste matter not originating from the parcel or site where it is located, but
rather is imported from an offsite location for purposes of being placed in the
ground as fertilizer or otherwise, shall be mixed with the soil within twenty‐one
(21) days after such waste matter first arrives at the property where it is to be
applied. The twenty‐one (21) day time period may be extended in writing by the

JCZO Chapter 6 Page 2

 Administrator to a date certain for the purpose of accommodating weather‐
related delays. This section shall not be construed as authorization for the mixing
or burying of materials that are otherwise prohibited from being so mixed with
the soil or buried in the ground by Federal, State or local law.
2. During the twenty‐one (21) day period described above, but prior to being mixed
with the soil, the waste matter shall be stacked and stored a minimum of fifty
(50) feet from any public road right‐of way; fifty (50) feet from the water’s edge
of any canal, lateral or ditch that may return to the Snake River; three hundred
(300) feet from the outer parameter of any water well; and three‐hundred (300)
feet from any structure of human occupancy that is not associated with the waste
matter.
3. All waste matter that will not be mixed with the soil within the twenty‐one (21)
day period described above, shall be stacked and stored fifty (50) feet from any
public road right‐of way; fifty (50) feet from the water’s edge of any canal, lateral
or ditch that may return to the Snake River; one‐thousand (1000) feet from any
structure of human occupancy that is not associated with the waste matter; and
three‐hundred (300) feet from any water well; or fifty (50) feet if a solid berm or
comparable structure, two feet in height, is installed around the wellhead to
prevent runoff from contaminating the well.

B. NON‐IMPORTED
1. No Waste Matter that originates on the parcel or site where it is located shall be
purposely stacked by way of human labor at a location that is closer than: fifty
(50) feet from the water’s edge of any canal, lateral or ditch that may return to
the Snake River; fifty (50) feet from all public road right‐of ways; fifty (50) feet
from any structure of human occupancy that is not associated with the waste
matter; three hundred (300) feet from the outer parameter of any water well; or
fifty (50) feet if a solid berm or comparable structure, two feet in height, is
installed around the wellhead to prevent runoff from contaminating the well.
2. The minimal fifty (50) foot distance between unassociated structures of human
occupancy and stacks of waste matter, as outlined in the above paragraph, shall
be effective for only one hundred eighty (180) days from when the stack, or any
portion thereof, was first created. Such a stack, nor any portion thereof, shall not
remain located as allowed by the above paragraph for any amount of time that
exceeds the one hundred eighty (180) day time period, but instead shall be either
disposed of by: removing it from the parcel or site entirely; or spreading it and
mixing it with the soil of the parcel or site – this, only if allowed by Federal, State
or Local laws and regulations. If not disposed of, then such stack, and all portions
thereof, shall be moved and relocated to a position on the parcel or site that is no
closer than one thousand (1000) feet from any structure of human occupancy
that is not associated with the waste matter.

C. EXCEPTIONS
This section (6‐6.01) shall not apply to the following:
1. Manure piles that are not purposely stacked by way of human labor, but rather
accumulate over the course of time from the natural discharges of pastured or
corralled livestock.

JCZO Chapter 6 Page 3

 2. Compost that is domestically made at a residential site for non‐commercial
purposes, and which is created from the kinds of organic matter that are typically
discarded and found in residential refuse or garbage, such as, but not by way of
limitation: coffee grounds; egg shells; food scraps; cooking oils or grease; stocks,
stems, leaves, or skins of fruits and vegetables; pet waste; lawn, tree or plant
clippings; etc.

6‐5.02 WASTE LAGOONS

A. All Waste Lagoons shall be: professionally engineered, designed and constructed to
accommodate the intended volume of use; have a minimum capacity that includes
provisions for a 25‐year Storm event; be lined to prevent permeation and seepage; and if
required, be approved by the appropriate State or Federal agency.

B. No liquid Waste Matter shall be discharged from or otherwise allowed to leave a Waste
Lagoon unless such waste is being transferred or piped in a controlled manner.

C. Any pivotal irrigation system designed to distribute or sprinkle Liquid Waste Matter from a
Waste Lagoon, shall not occur within one hundred fifty (150) feet of the outer edge or
parameter of any public street; or within one hundred fifty (150) feet of the outer edge or
parameter of any residential structure not associated with the irrigation system.

D. Setbacks
The outer parameter of a Waste Lagoon shall be a minimum of:
1. Three Hundred (300) feet from all property lines.
2. Fifty (50) feet from the water’s edge of any canal, lateral or ditch that may return
to the Snake River.
3. Fifty (50) feet from public road right of ways.
4. Three hundred (300) feet from the outer parameter of any water well; or fifty
(50) feet if a solid berm or comparable structure, two feet in height, is installed
around the wellhead to prevent runoff from contaminating the well.

6‐5.03 ANIMAL CONFINEMENT AREAS

The outer parameter of any Animal Confinement Area shall be setback from the
following as indicated:
A. Fifty (50) feet from the water’s edge of any canal, lateral, or ditch that may return
to the Snake River.
B. Fifty (50) feet from public road right of ways.

6‐6 PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES

No land or building in any district shall be used or occupied in any manner creating dangerous,
injurious, noxious, or otherwise objectionable conditions which could adversely affect the
surrounding areas or adjoining premises, except that any use permitted by this Ordinance may
be undertaken and maintained if acceptable measures and safeguards to reduce such conditions
to acceptable limits as established by the following performance requirements:

A. FIRE HAZARDS
Any activity involving the use or storage of inflammable or explosive materials shall be

JCZO Chapter 6 Page 4

 protected by adequate fire‐fighting and fire‐prevention equipment and by such safety
devices as are normally used in the handling of any such material. Such hazards shall be kept
separate from adjacent activities for a distance which is appropriate to the potential danger
involved as specified in the adopted International Fire Code.

B. OUTDOOR RECREATIONAL FIRES

1. Commercial Uses and activities may have an occasion to have outdoor fires (i.e.
campfires), or, outdoor fires may be a part of a developed recreation site. The
following requirements shall apply:
a. Outdoor fires shall be limited to developed fire structures. Developed fire
structures include but are not limited to campfire rings, park grills, natural
gas or propane fire pits or other open flame implements and features.
b. Notwithstanding the above, local, state, and federal fire restrictions shall be
adhered to at all times.

C. RADIOACTIVITY OR ELECTRICAL DISTURBANCE

No activity shall emit radioactivity in excess of normal background radioactivity levels for the
area in question; nor shall it emit any electrical disturbance which adversely affects the
operation of any equipment at any point other than that of the creator of such disturbance.

D. NOISE
Noise which is found by the Administrator to be objectionable for reasons of volume,
frequency, or beating shall be muffled or otherwise controlled. Air‐raid sirens and related
apparatus used solely for public purposes are exempt from this requirement.

E. VIBRATION
Vibration which can be sensed without the necessity of detecting instruments when one is
on adjacent property shall not be permitted.

F. AIR POLLUTION
The level of air pollution shall be subject to the requirements and regulations established by
the Health Authority

G. EROSION
Objectionable substances shall not be allowed to be carried onto neighboring property
through a process of erosion regardless of the cause of such erosion.

H. WATER POLLUTION
Levels and types of water pollution shall be subject to the requirements and regulations
established by the Health Authority.

I. ENFORCEMENT PROVISIONS
The Administrator, prior to the issuance of a Zoning Permit, may require the submission of
statements and plans which indicate the manner in which dangerous and objectionable
elements involved in processing and in equipment operations are to be eliminated or
reduced to acceptable levels and tolerances.

JCZO Chapter 6 Page 5

 J. MEASUREMENT PROCEDURES
Methods and procedures for the determination of the existence of any dangerous and
objectionable elements shall conform to applicable standard measurement procedures
published by the American Standards Institute, New York, the United States Bureau of
Mines, and the Health Authority.

K. SEWAGE LAGOON
Sewage Lagoons shall meet the standards of 6‐5.02 and adhere to all applicable Federal,
State, and local regulations.

6‐7 PROVISIONS FOR UNIQUE USES OF LAND

Certain unique uses of land pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique uses shall apply in
addition to all other provisions of the Ordinance. All distance requirements herein below
enumerated shall apply equally to all parties to the requirement. For example, Animal Clinics
shall not be located closer than three hundred (300) feet from any residence except the owner's
residence, and all residences except the owner's residence shall not be located closer than three
hundred (300) feet from Animal Clinics.

The standards listed below are specific to each noted Use. However, all Uses described below
remain subject to specific standards in all Chapters of the JCZO (e.g., Chapter 12 Airport Zone,
Chapter 16 Signs)

A. ANIMAL CLINIC, ANIMAL HOSPITAL, VETERINARY OFFICE, AND KENNEL

These uses will be located at least three hundred (300) feet from any residence including
motels and hotels, except the owner's residence. The Administrator may modify these
requirements if the animals are completely housed in soundproof structures that screen the
structures from view from the abutting residential property.

B. WATERCRAFT, DOCK/HOUSE/RAMP/SLIP
1. Will be located within a shore lot.
2. A boathouse will not be greater than fifteen (15) feet in height.

C. BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVE GROUND AND FOR RESALE
1. Will be located at least three hundred (300) feet from a residential zone, a
residence, motel, or hotel except for the owner's residence.
2. Will be erected subject to the approval of the Fire Chief.
3. Will have suitable loading and unloading spaces as well as offset parking facilities
subject to the approval of the Fire Chief.

D. CHEMICALS, PESTICIDE, AND FERTILIZER STORAGE AND MANUFACTURING

Will have adequate fire protection, storage area, handling, and disposal facilities as
approved by the Fire Chief or Fire Marshall.

E. COMMERCIAL CORRIDOR (CC)

All businesses within the Commercial Corridor Zone shall be required to submit landscaping
plans for approval as part of the application together with a letter from Natural Resources
Conservation Service which letter should contain recommendations regarding the

JCZO Chapter 6 Page 6

 landscaping plans as well as staff recommendations that lighting requirements be made on
each application to avoid glare and obtrusive light and that setback requirements be
recommended by the transportation department and approved by Jerome County and that
all vehicles be parked to the rear or side of any buildings with no parking between the
highway and any building fronting the highway.

F. CONTRACTOR'S YARD
1. Will be located a minimum distance of three hundred (300) feet from any
residence other than the owner's residence.
2. Will have a screening fence around areas utilized for storage of equipment.

G. DRIVE‐IN RESTAURANT
1. Will be enclosed on the property line with landscaping and fencing, except for
sites of ingress and egress, to prevent trash from moving onto other properties.
2. Will have a six (6) feet high sight‐obscuring fence along the property lines that
adjoin a residence.
3. Will provide for adequate trash receptacles.
4. Will avoid the direction of night lighting toward any residence.

H. FILLING, GRADING, LAGOONING, DREDGING, OR OTHER EARTH MOVING ACTIVITY

1. Will result in the smallest amount of bare ground exposed for the shortest time
feasible.
2. Will provide temporary ground cover; such as mulch.
3. Will use diversions, silting basins, terraces, and other methods to trap sediment.
4. Will provide lagooning in such a manner as to avoid creation of fish trap
conditions.
5. Will not result in a floodway, channel, or natural drainage way.
6. Will construct and stabilize sides and bottoms of cuts, fills, channels, and artificial
water courses to prevent erosion.
7. Will not have below‐grade excavation except for drainage ways within ten (10)
feet of any lot or twenty‐two (22) feet of public right‐of‐way and canal right‐of‐
way.
8. Will restore topsoil or loam to a depth of not less than four (4) inches.

I. GRAVEL PITS, ROCK QUARRIES, SAND PITS, CLAY PITS, AND OTHER NATURAL RESOURCES OF
COMMERCIAL VALUE
1. The extent and method of rehabilitation shall be determined in advance of
issuing a zoning certificate with due consideration being given to what is suitable
and compatible with the surrounding area.
2. Upon depletion of the area, all temporary buildings and structures, except
property line fences and structures for the loading, measuring, or weighing of
marketable material in storage, shall be completely removed from the property.
3. Safety fencing shall be erected around all pits that create a safety hazard.

JCZO Chapter 6 Page 7

 J. HOME OCCUPATION
1. The home occupation shall not exceed twenty‐five (25) percent of the floor area
of the primary structure and fifty (50) percent of an accessory building on the
premises. The use does not change the character of the dwelling.
2. Other than those related by blood, marriage or adoption, no more than one
person may be employed in the home occupation.
3. Inventory and supplies shall not occupy more than fifty (50) percent of the area
permitted to be used as a home occupation.
4. There shall be no exterior display or storage of goods on said premises.
5. The outside appearance of a structure shall not be changed because there is a
home occupation within it. There shall be no more than one advertising sign
displayed on the premises and said sign shall not exceed four (4) square feet in
area.
6. Home occupations involving auto repair or maintenance, beauty shops or
barbershops shall require a Special Use Permit.
7. Sales and services to patrons shall be arranged by appointment and scheduled so
that not more than one patron vehicle is on the premises at the same time.
8. Two additional parking spaces shall be provided on the premises, except only one
need be provided if the home occupation does not have an employee.
9. Regardless of its location in a structure, a home occupation and/or its equipment
shall not create noise, vibration, glare, fumes, odors, or electrical interference
which is detectable to normal human senses in adjacent lots. No equipment, nor
process which creates visual or audible interference in any radio or television
receiver, on or off the premises, shall be used. No equipment or process which
causes fluctuation in voltage in electrical power lines off the premises shall be
used.

K. LODGING, TRANSIENT / RECREATIONAL VEHICLE PARK

1. Sewer and water services shall be permitted by the proper permitting agencies.
2. Entrances and exits for the property shall be clearly defined.
3. All parking of vehicles must be maintained within the property and not on public
roads.
4. Accesses to the property must be approved by the appropriate highway district or
entity responsible for the roadway.
5. Turn lanes shall be completed, prior to occupancy, if deemed necessary by the
appropriate highway district or entity responsible for the roadway.
6. Privacy fencing shall be required between the property and adjacent properties
under separate ownership.
7. Landscaping and/or privacy fencing, shall be required to screen the property from
adjacent street frontage and shall be approved by the appropriate highway
district or entity responsible for the roadway.
8. Landscaping shall utilize surface water for irrigation where reasonably available.
9. Irrigation entities with Laterals, canals, or ditches on or adjacent to a property
must approve the proposed site plan.
10. Mail Delivery shall be limited to one receptacle at a single address.
11. If the Use is permitted in the corresponding zone, a complete site plan, as
outlined in Chapter 19, 19‐6.01 #8 of the JCZO, shall be submitted to the Planning

JCZO Chapter 6 Page 8

 and Zoning Office.
12. Refer to Chapter 6, 6‐6 B of the JCZO for outdoor recreational fire standards.
13. For emergency response purposes, the name of the facility shall be unique
enough as to avoid confusion with other like facilities.

L. LODGING, RESIDENCY / MOBILE HOME PARK

1. Three or more housing units on a parcel or lot shall be considered a Residency
Lodging Facility or Mobile Home Park.
2. Sewer and water services shall be permitted by the proper permitting agencies.
3. All parking of vehicles must be maintained within the property and not on public
roads. There shall be a minimum of two parking spaces for each unit.
4. Entrances and exits for the property shall be clearly defined.
5. Accesses to the property must be approved by the appropriate highway district or
entity responsible for the roadway.
6. Turn lanes shall be completed, prior to occupancy, if deemed necessary by the
appropriate highway district or entity responsible for the roadway.
7. Privacy fencing shall be required between the property and adjacent properties
under separate ownership.
8. Landscaping and/or privacy fencing, screening property from adjacent street
frontage shall be approved by the appropriate highway district or entity
responsible for the roadway.
9. Landscaping shall utilize surface water for irrigation where reasonably available.
10. Irrigation entities with Laterals, canals, or ditches on or adjacent to a property
must approve the proposed site plan.
11. Postmaster will approve type of mail receptacle and location(s) for mail delivery.
Installation must be completed prior to occupancy.
12. If the Use is permitted in the corresponding zone, a complete site plan, as
outlined in Chapter 19, 19‐6.01 #8 of the JCZO, shall be submitted to the Planning
and Zoning Office.
13. For emergency response purposes, the name of the facility shall be unique
enough as to avoid confusion with other like facilities.

M. OUTDOOR STORAGE OF COMMERCIAL AND INDUSTRIAL MATERIALS

1. Shall be screened from view from any adjoining residence or residentially zoned
area regardless of the presence of an interval alley or street.
2. Shall not be located in any required front yard area.

N. RIDING STABLES AND RIDING SCHOOLS

1. Shall locate all Animal Confinement Areas:
a. One hundred (100) feet from any residence, or other places of human
occupation other than the residence of the owner., when the seeking use is
the Riding Stable or School.
b. Fifty (50) feet from the water’s edge of any canal, lateral, or ditch that may
return to the Snake River.
c. Fifty (50) feet from public road right‐of‐ways.
d. Forty (40) feet from the property line.
2. Waste Management is subject to 6‐5.01 B. of this Chapter.

JCZO Chapter 6 Page 9

 3. Temporary Riding Stables are subject to the same standards as permanent Riding
Stables.

O. RIFLE AND PISTOL RANGE

1. Shall be designed with a backstop.
2. Shall be designed so that no line of fire is directed toward any residence or
business which lies within a radius of one (1) mile from the point of firing.
3. Shall incorporate landscaping that is compatible with the surrounding landscape.
4. Shall provide supervision and security measures during periods of use.

P. SANITARY LANDFILL
1. Shall conform to the time limits for daily operations as determined by the Board.
2. Shall provide a bond for privately owned sites to insure compliance with the
provisions of the zoning certificate.
3. Shall provide for a paved street to the facility.
4. Shall be supervised during the hours of operation.

Q. WRECKING YARD
1. Shall be completely enclosed by a solid fence, eight (8) feet in height, which
obscures the use from public view.
2. Shall not store any automobile, junk, or salvage material in a location that is
visible from any public right‐of‐way.
3. Shall not store automobiles so that a part of the automobile rises above the level
of the top edge of the obscuring fence.
4. Shall have landscaping which is appropriate to the surrounding area.

R. BUILDING ADJACENT TO THE SNAKE RIVER

No building other than pumping stations and power plants shall be closer to the Snake River
than one hundred (100) feet to a line on the side or bank of the river which is located by a
level five (5) feet above the high‐water mark of the natural flow created by any impounded
water of the river.

S. BUILDINGS AND DRAINFIELDS ADJACENT TO IRRIGATION CANALS, LATERALS, AND DITCHES

1. No buildings or structures shall be constructed or located:
a. Within fifteen (15) feet from the toe of a lateral or ditch, which is a
constructed fill, or edge of a ten (10) foot roadway on the same side of the
lateral.
b. Large laterals need fifty (50) feet from edge of water.
c. Check with North Side Canal Company, Ltd. for correct setbacks.
2. No drain field shall be constructed or located so that the closest edge of the drain
field would be within fifty (50) feet of the edge of the water in a canal, lateral or
ditch.

T. STORAGE RENTALS
1. Lighting. Any area, which is intended to be used in non‐daylight hours, shall be
properly illuminated to avoid accidents. Lights used to illuminate the area shall be
shielded lighting and shall be arranged to reflect light away from adjoining
property.

JCZO Chapter 6 Page 10

 2. Minimum distance and setbacks for parking shall be a minimum of twenty (20)
feet from any residence.
3. Fencing. All storage rentals shall be fenced on all sides. The fence shall be a solid
structure made from materials consisting of wood, vinyl and/or concrete
(including bricks or cinder blocks) and the original intended use of such materials
must have been for the construction of fencing. The fence shall not be less than
six (6) feet in height. It shall be maintained in good condition and shall not allow
vehicular lighting to trespass upon the property used for residential purposes.

U. RECREATIONAL VEHICLE SITE (Temporary)

Recreational Vehicles (RVs) on private property may be resided in for up to 60 days in a
calendar year. The Recreational Vehicle Site (Site) must be, owned by the person(s) residing
in the RV, or allowed with the permission of the property owner. The following standards
must be met to allow occupancy:
1. Shall meet the Health Authority sanitary restrictions/requirements.
2. Shall meet setback requirements from any canal or lateral for the property that is
serviced by an irrigation district.
3. Shall meet fire access apparatus road requirements for a property that is serviced
by a fire district.
4. Shall meet access requirements for the property that is serviced by a highway
district.
5. Shall not erect any temporary or permanent structures in support of the Site.
6. Extensions shall not be granted.

V. TEMPORARY BUILDING
Temporary buildings, construction trailers, equipment, and materials used only in
conjunction with construction work may be permitted in any district during the period of
construction.
1. Temporary buildings or trailers, equipment, and materials shall be removed upon
completion of construction.
2. Storage of temporary buildings or trailers, equipment, or materials beyond the
completion date of the project shall require a Zoning Permit authorized by the
Administrator.
3. Temporary Dwellings may be allowed for the property owners with a valid
Building Permit for a Residential Dwelling.
4. Temporary Dwellings shall be removed from the property at the completion of
construction or after 24 months, whichever occurs first.

W. HARDSHIP DWELLING (TEMPORARY USE)

On any parcel where a dwelling is allowed and a permanent single‐family dwelling exists,
one Hardship Dwelling may be permitted by Special Use Permit with the following standards:
1. A Special Use Permit is required for any occupancy extending beyond sixty (60)
days in Jerome County.
2. A hardship shall only be considered for medical or economic conditions where
alternative housing is unobtainable.
3. Permit approval shall not exceed 24 months.
4. The temporary dwelling may not be permanently affixed to the ground, must be

JCZO Chapter 6 Page 11

 suitable for residency (accessibility, daylighting, ventilation, heating, cooling,
insulation, and finished level), and shall bear an insignia of compliance from the
applicable organization or agency as described by the Idaho Division of Building
Safety.
5. Shall have a minimum of one (1) acre.
6. Shall meet the Health Authority sanitary restrictions/requirements.
7. Shall meet setback requirements from any canal or lateral for the property that is
serviced by, or adjacent to, a canal.
8. Shall meet fire access apparatus road requirements for a property that is serviced
by a fire district.
9. Shall meet access requirements for the property that is serviced by a highway
district.
10. Shall meet Department of Water Resource requirements if sharing a domestic
well.
11. Shall meet all requirements for federal, state and local codes & ordinances.
12. Independent addresses shall not be issued to the temporary dwelling.
13. This use cannot be transferred from one owner to another upon sale or lease of
the property.
14. Extensions shall not be granted.
Uses that fall under the definitions of Lodging, Residency and Lodging, Transient shall not be
considered under this title.

X. FLOODPLAIN DEVELOPMENT PERMIT

Any Structure proposed in a designated floodplain shall comply with the requirements of the
Jerome County Flood Damage Prevention Ordinance 2019‐2.

6‐8. MINIMUM LOT REQUIREMENTS

Unless otherwise stated in the JCZO, the following minimum lot/parcel requirements shall apply:

OFFICIAL SCHEDULE OF DISTRICT REGULATIONS

SETBACK REQUIREMENTS † MINIMUM LOT/

PARCEL

ZONE MAX FRONT REAR SIDE AREA

PER STRUCTURE
HEIGHT WITH SEPTIC

A‐1 35' 10' 10' 10' 1 Acre

A‐L/IMP‐AL* 35’ 10’ 10’ 10’ 1 Acre
A‐2/IMP‐RES* 35' 10' 10' 10' 1 Acre
CG/CC/IMP‐COM* 35' 10' 10' 10' 1 Acre
IL/IH/IMP‐IND* 35' 10’ 10' 10' 1 Acre
REC 1, 2, 3** 35' 10' 10' 10' 1 Acre

JCZO Chapter 6 Page 12

 AR See CH. 12 10’ 10’ 10’ No Requirement
ARO See CH. 12 10' 10' 10' 1 Acre

*See Chapter 10 Impact Ordinances for Areas of City Impact.

** See Chapter 9 paragraph 9‐9.06 for additional setback requirements.
† Lesser setbacks approved by Jerome County in a platted subdivision will be recognized.

Front yard and street side setbacks are measured from the nearest boundary of the road or street
right‐of‐way.

6‐8.01 ADDITIONAL REGULATIONS

A. ARCHITECTURAL PROJECTIONS
Open structures such as porches, canopies, balconies, platforms, carports, covered patios,
and similar architectural projections shall be considered parts of the building to which they
are attached, and they shall not project into the required, minimum space set aside for the
front, side, and rear yards.

B. EXCEPTIONS TO HEIGHT REGULATION

The height limitations contained in the Official Schedule of District Regulations do not apply
to electrical transmission and distribution lines, electrical poles and appurtenances, spires,
belfries, cupolas, antennae, water tanks, ventilators, chimneys, or other appurtenances
usually placed above the roof level and not intended for human occupancy; however, such
height limitations do apply where such structures might constitute a hazard to the safe
landing and take‐off of aircraft at an established airport as regulated by Chapter 12.

C. UTILITIES
The setback limitations contained in the Official Schedule of District Regulations do not apply
to utility structure(s) within the road right‐of‐way or an approved utility easement(s) as long
as the appropriate highway district or the entity that is responsible for the maintenance of
the road(s) or utility easement(s) approves the utility structure(s).

6‐9 SINGLE NON‐CONFORMING PARCELS OR LOTS

A. An Original Parcel or Lot shall be exempt from the area and width requirements of Section 6‐
8 if such parcel or lot is smaller than the area and width requirements and cannot be made
compliant by enlarging its boundary lines, or by combining the Original Parcel or Lot with an
adjacent parcel or lot of the same ownership and treating the combined properties as a
“single‐conforming” parcel or lot. Proposed structures on an exempted parcel or lot must
receive a permit for water and sewer from the health authority prior to receiving a building
permit.

B. An Original Parcel or Lot that has been combined with an adjoining parcel or lot of the same
ownership for purposes of meeting the area and width requirements of Section 6‐8, shall
thereafter remain permanently joined and shall not be separated and sold‐off on an
individual basis.

JCZO Chapter 6 Page 13

6‐10 VARIANCES

6‐10.01 APPLICABILITY
A. Standards identified in Chapter 6 of the JCZO may be varied pursuant to the terms of this
section.
B. Standards for setbacks identified in Chapter 9, Chapter 10; Sections I, II, and III; may only
be varied under the parameters of 6‐10.03, B.
C. Standards for setbacks identified in Chapter 16 of the JCZO may be varied pursuant to the
terms of this section.
D. Parking space requirements in Chapter 17 of the JCZO may be varied pursuant to the terms
of this section.
6‐10.02 DEFINITIONS
As used in this section, the following terms shall have the following meanings:

HARDSHIP
The inability to develop a site in a permitted manner because of certain characteristics of
the site itself. Such characteristics may include, but are not limited to, the natural terrain
of the site, established easements upon it, or certain boundary lines that form it. In no
event shall such characteristics include existing development of the site or some other
manufactured condition that is within the Applicant’s control to remove or change.

VARIANCE
A Variance is a necessary adjustment to a regulation of the JCZO because certain physical
characteristics of a particular parcel makes compliance with such regulation impossible,
or causes an undue hardship. A variance does not include a change of authorized land
use.

6‐10.03 PERMITTING STANDARD

A. Variance Permit shall not be issued, and no standard shall be varied in any manner, unless:
1. The standard to be varied is listed above in 6‐10.01, A. through D.;
2. The standard as written causes the Applicant a Hardship, and
3. The variance of the standard, if approved, would not be contrary to public
interest or the interests of another public agency.
B. No standard listed above in 6‐10.01, A. through D. of the JCZO shall be enforced if it is
considered stricter than an approved, corresponding standard of another public agency that
fulfills the same purpose.

6‐10.04 APPLICATION

A. A written application for a Variance Permit shall contain the following:

1. The Name, Address, and Telephone Number of the Applicant(s).
2. Legal Description and current deed for the Property where the Variance is to be
located.
3. Nature and description of the Variance requested.

JCZO Chapter 6 Page 14

 4. A written description of the specific characteristic(s) of the site which cause the
perceived Hardship, and if required by the Administrator, a statement as to why
each characteristic is beyond the Applicant’s ability to correct so as to not require
a variance.
5. The names of all owners of lands adjoining the parcel under consideration, and a
statement that each have been contacted; notified of the proposed variance; and
whether any object to it.
6. Site Plan.
7. Building Elevation (if the Variance Permit is for height).
8. Agency Letters as required by the Administrator.
9. A nonrefundable fee, in an amount set by the county.

6‐10.05 LODGING AND FILING OF APPLICATION

A. The Administrator shall review all applications lodged with his office for the purpose of
assuring the information and documentation required by this section has been included in or
with the application. The Administrator shall notify the applicant of any missing information
or documentation and shall notify the applicant that no further action on the application will
be taken until the missing information or documentation has been provided. Any application
that has consistently remained inactive for the ninety (90) days immediately following the
above notice shall be returned to the applicant without refund of the application fee, unless
otherwise authorized by the Board. A new fee shall be required for resubmitted applications.

B. Upon the Administrator’s satisfaction the application is complete, he shall notify the
applicant of such and shall date and mark the application with the word “Filed”.

C. Applications shall be considered and determined based upon the provisions of the JCZO in
effect on the date the application is filed.

6‐10.06 NOTICE
Notice of a filed application shall be given by the Administrator to all property owners
adjoining the parcel under consideration. Such notice shall advise of the property
owners’ opportunity to be heard on the proposed Variance by submitting written
comment to the Administrator within fourteen (14) days from the date of its filing.

6‐10.07 APPLICATION REVIEW

A. The filed application and submitted comments shall be reviewed by the Administrator and
the decision to approve or deny the application shall be based on the following criteria for
approval:
1. A permit shall be granted if the application for the proposed Variance is complete
and complies with the standards of this chapter and other relevant ordinances.
2. A permit shall not be granted if the application for the proposed Variance fails to
comply with section 6‐10.03.

B. In approving an application, the Administrator may require appropriate conditions to

minimize adverse impacts on neighboring property. Failure to comply with any imposed
condition shall be a violation of the JCZO.

JCZO Chapter 6 Page 15

 C. The Administrator shall submit a written explanation to the Applicant regarding the final
decision.

6‐10.08 EXCEPTION
A Variance Permit Application shall not be required, and the relevant provisions of the
JCZO shall not apply, if the standard to be varied is voided per the provisions of 6‐
10.03(B)

6‐10.09 BOARD REVIEW

Any person aggrieved by the Administrator’s decision or believing it to be made on a
misinterpretation of the provisions of this section may seek Board review following the
procedures outlined in Chapter 23, JCZO.

6‐11 EASEMENTS
If any development, building, or structure is intended to be permanently placed over a recorded
easement, that easement shall be terminated, and the termination recorded prior to receiving a
building permit.

6‐12 VIOLATIONS
An owner of any parcel of land who does not comply with the requirements of this Chapter shall
be guilty of a misdemeanor, punishable per the parameters of Chapter 20 of this Ordinance.

JCZO Chapter 6 Page 16

 USE CATEGORY ZONES

CHART 5‐1 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

AGRICULTURE

Aquaculture S S
Confined Animals Not Regulated by
P P P P P P P
Chapter 13
Crop Production P P P P P P P P

Pastured Animals P P P P P P P P

AGRICULTURAL ACTIVITIES

Agriculture Product Transfer Point P P P P P

Animal Hospital S S S1 P P S1 S

Commercial Truck Wash Facility S S

Horticultural Services P S S P P P S1 S1

Kennels S S P P S1 S1

Livestock Sales and Transfer Point S S S P P S

Veterinarian S S S1 P P S1 S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐2 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

COMMUNICATIONS & UTILITIES

Above Ground Utility Lines P2 P2 P2 P2 P2 P2 P3 P2

Radio & Television Stations S S P1 P P1

Telegraph Centers & Stations P1 P P1

Telephone Exchange Stations P1 S P P1

Transmission Towers S S S S P P S

Underground Utility Lines P P P P P P P P

Utility Building(s) & Structure(s),
Communications (without direct physical P P S P P P S P
connections)
Utility Building(s) & Structure(s) (with direct
P P P P P P P P
physical connection)
P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
2
Complies with Idaho Safety Code
3
Complies with Chapter 12
 USE CATEGORY ZONES

CHART 5‐3 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

CULTURAL FACILITIES

Botanical Gardens & Arboretums S S S P P S S P

Historical Sites, Monuments S S S S S S S S

Libraries, Museums, Art Galleries S S S P P S P

Planetariums S S S P1 P1 P S P1

Zoos S S S1 S1 S S1

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐4 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

MANUFACTURING
(page 1 of 2)
Alcohol Distillation for Production of fuel S S S

Apparel & Related Products S S1 P S

Asphalt Plant S S S S P

Beverage Bottling Plant P1 P P P1

Building Materials S1 S S1 P S

Chemicals & Chemical Products S1 P

Commercial Composting & Fertilizer Works S S S S

Concrete Products S S S1 P

Dairy Product Processing P1 P S1 S

Grain & Feed Processing S S S1 P S1 S

Food Products S S S1 P S

Furniture & Fixtures S1 S1 P1 P S

Ice Manufacturing S S S1 P

Livestock Feed Processing S S S P S

Meat Product Processing (except
S1 S1 S1 S1 P S1
rendering)
Metal Products S1 P

Mineral Products S S S1 P

Miscellaneous Products S S S S S S S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
2
Plant‐Energy Producing, Non‐Conventional from livestock waste products that are within the livestock
confinement site plan is a permitted use
 USE CATEGORY ZONES

CHART 5‐4 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

MANUFACTURING
(page 2 of 2)
Paper Products P1 P S

Petroleum Products S1 P

Plant‐Energy Producing, Non‐Conventional P2/S S S S S S S S

Plant‐Industrial, Manufacturing/Processing S
Plant‐Thermal Energy Producing,
S
Conventional
Printing & Publication P1 S1 P P1

Professional & Scientific Products P1 S P S1

Rubber Products S1 P

Rendering Plant S S

Textile Products P1 P S

Vegetable Product Processing S S S1 P S1 S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
2
Plant‐Energy Producing, Non‐Conventional from livestock waste products that are within the livestock
confinement site plan is a permitted use
 USE CATEGORY ZONES

CHART 5‐5 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

PUBLIC ASSEMBLY

Amusement Parks S S S S

Auditorium P1 P1 S1

Drive‐in Theatres S S S S S S S

Event Center S S S S S

Exhibition Halls P1 P1 P S1

Fairgrounds S S S S S

Sports Arenas S S S S1 S1 P S1

Theatres S S S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐6 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

RESIDENTIAL

Dwelling, Multi‐Family2
Dwelling, Hardship
S S S
(Temporary Use)
Dwelling, Single Family P P P

Dwelling, Two Family P

Home Occupation P P P P P P P P

Living Quarters S S P S S S S S

Lodging, Residency P

Park, Mobile Home2

Park, Recreational Vehicle2

Residence Halls P P P

Residential Hotels S S S S

Rooming House P P P

Site, Recreational Vehicle (Temporary) P1 P1 P1

P Permitted Use
S Special Use Permit Required
1
Maximum of 60 days of Residence per year per parcel
2
This Use may be found in the Use Charts in Chapter 10 (City Impact Areas)
 USE CATEGORY ZONES

CHART 5‐7 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

Apparel Repair & Alteration P1 P1 P1 P P1 P

Automobile Repair S S P1 S P S1

Beauty & Barber S S S P P

Business Associates P P P P

Cemetery S S S S S

Civic, Social & Fraternal Organizations S S P P P P P

Day Care Facilities S S S S S

Finance & Investments S P P

Funeral Homes & Crematoria P P

Insurance & Related S P P

Labor Unions & Organizations P P P P

Laundering & Dry Cleaning P1 P1 P1 P1

Photographic S1 S1 S1 P P

Professional Organization P P P P

Religious Facilities S S S P P P P

Shelter Homes S S S S

Upholstery Repair P1 P1 P1 P1 P1 P1

Welfare & Charitable Facility S S S P P P

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐8 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

Car Wash P P P

Dance, Music, Voice Studio S S S P1 P1 P1

Frozen Food Locker P1 P1 P1

Lodging, Transient2 S P

Hotel P P P

Landfill Transfer Stations S S S S

Laundromats P P P P

Motel P P

Real Estate & Related Activities S S S P S P

Reducing Salon‐Health Club S S P P P

Salvage Yard S S P

Sanitary Landfill S S

Small Appliance Repair S1 S1 S1 P1 P P P1

Small Engine Repair S1 S1 S1 P1 P P P1

Sewage Lagoons S S S S S S S

Tire Shop S1 P P P1

Truck & Tractor Repair S1 S1 S1 S P S

Waste Lagoons S S S S S S S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
2
This Use may be found in the Use Charts in Chapter 10 (City Impact Areas) as a Recreational Vehicle Park
 USE CATEGORY ZONES

CHART 5‐9 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

Academic & Vocational School, Public S S S S S S

Advertising P P P

Alcohol & Drug Rehabilitation Facility S S S

Automobile Rental P P P S

Building Care Contracting S1 P1 P1 P1 P

Consumer Credit Collection P P

Construction Trades S S S1 P1 S P P

Duplicating, Stenographic P P

Employment P1 P1 P1 P1

Equipment Rentals P1 P P P

Government Facilities P2 P2 P2 P2

Governmental Protective Facilities S S S S S S

Hospital, Clinics & Related Services S S S

News Syndicate P1 P1 P1 P1

Nursing Homes & Rest Homes S S P

Professional (Private Office) P P P

Schools‐Commercial S1 S1 S S

Schools‐Public S S S S S S

Storage Rentals S1 P1 P1 P1

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐10 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

SPORTS FACILITIES

Athletic Areas S S S S S S S

Bicycle Way S S S S S S S

Car Racing Track S S

Equestrian Way S S S

Go‐Cart Tracks S S S

Golf Course & Country Clubs S S S S S

Golf Driving Ranges S P1 P P P

Horse Racing Track S S S S S

Ice & Roller Skating S S S S1 S

Indoor Recreation Facility S1 S1 S1 S1 S1 S1 S1

Miniature Golf S P P P P

Motorcycle Racing Track S S

Riding Stables & Schools S S S S S S

Rifle & Pistol Range S S S1 S1

Swimming Pools (Commercial & Public) S S S S S

Tennis Courts S S S S S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐11 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

Open Space P P P P P P P

Public Parks & Playgrounds P P P P P P P

P Permitted Use
S Special Use Permit Required
 USE CATEGORY ZONES

CHART 5‐12 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

TRADE & RETAIL

Aircraft Maintenance, Repair & Rebuilding S S S S S S P S

Alcoholic Beverages‐Bars, Clubs P1 P1 P1 S1

Apparel & Accessories P1 P1 P1 S1

Automobile & Trucks S S P P P S

Building Materials, Hardware P P P S

Drive‐In Establishments S S S S S S1

Eating Places P P P S S

Farm Equipment Sales S S P P P S

Farm & Garden Supplies S S S P P P S

Food, Drugs, Liquor S P P P S

Gasoline Service Stations S P P P S

General Merchandise S P P P S

Home Furnishings & Equipment P1 P1 P1 S1

Irrigation Sales S S S P P P S

Large Implements & Heavy Equipment P P P S

Mobile Home Sales S S S S

Petroleum S S S S

Recreational Vehicles S P P S

Sporting Goods P P P S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐13 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

Bulk Storage Flammable Liquids & Gases S S S

Wholesale Distribution & Warehouse S S P S

P Permitted Use
S Special Use Permit Required
 USE CATEGORY ZONES

CHART 5‐14 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

TRANSPORTATION

Airfields (Private) S S S

Airport S S P

Automobile Open Parking Lot or Garage S S S S S S S

Bus Facilities, Excluding Pickup Shelters S P P S

Bus Pickup Shelters S S S P P P P

Freight Transfer Points S P P S

Packing & Crating S P P S

Railroad Buildings & Equipment S P P S

Tickets & Arrangements P1 P1 P1 P1

Truck & Bus Open Parking Lot S P P S

Trucking Facilities S P P S

Watercraft, Dock/House/Ramp/Slip S S S S S

P Permitted Use
S Special Use Permit Required
1
Providing all materials and equipment are kept inside of an enclosed building and all work is performed
inside an enclosed building
 USE CATEGORY ZONES

CHART 5‐15 A‐1 A‐L A‐2 C‐G I‐L I‐H AR CC

SPECIALIZED PERMITS
Boundary Line Adjustment
X X X X X X X X
Chapter 14
Regulated Land Division
X X X X X X X X
Chapter 14

Livestock Confinement Operation (LCO)

X
Chapter 13
Warehoused Livestock Confinement
X X
Operation (WLCO) Chapter 13A

Subdivision
X X X X X
Chapter 8, Chapter 9, Chapter 10
 CHAPTER 5
REGULATIONS WITHIN ZONES

5‐1 APPLICABILITY
5‐2 EXPLANATION OF LAND USE CHARTS
5‐3 LAND USES UNIDENTIFIED IN THE CHARTS
5‐4 ZONING STANDARDS FOR PERMITTED USES
5‐5 LAND USES OR ACTIONS REQUIRING SPECIFIC PERMITS

5‐1 APPLICABILITY
A. Unless otherwise stated in the JCZO, the following regulations shall apply only to
the primary Land Use of a property.
B. Regulations for each city’s Impact Area are found in Chapter 10 of the JCZO.
C. Regulations for each Recreation Zone are found in Chapter 9 of the JCZO.

5‐2 EXPLANATION OF LAND USE CHARTS

To determine where a specific use is permitted, it is necessary to find the specific use in
one of the tables (Charts 5‐1 through 5‐14) that are found in Chapter Five (5) of this
Ordinance. Uses are listed in the horizontal rows, zones are shown in the vertical columns,
and the key letters indicating the degree of permission of a use are found at the
intersection of the appropriate row and column.
A. The letter "P" indicates that a specific use is permitted in a specific zone.
B. The letter "S" indicates that a Special Use Permit is required for that particular use
to be compatible to the standard and customary uses in that particular zone.
C. An empty square indicates that such use is not expected to occur in such zone;
therefore, it is prohibited at the time of the adoption of this Ordinance.
D. The letters "NR" indicate that there is no requirement established for a particular
use in a particular zone.
E. When several uses are combined and made part of a larger, all‐encompassing land
use, the most restrictive chart designation shall control for purposes of
determining the appropriate zone and required application.

5‐3 LAND USES UNIDENTIFIED IN THE CHARTS

Any Land Use not identified in the charts of this chapter shall require amendment of the
JCZO; and shall only proceed thereafter in accordance with the amendment. The amended
ordinance shall mandate whether the proposed use in the various zones is: allowed free of
restrictions; permitted; permitted with conditions; or prohibited. The process for
amendment shall adhere to the procedures outlined in Chapter 21 of this Ordinance.

5‐4 ZONING STANDARDS FOR PERMITTED LAND USES

Zoning regulations have been established for permitted or allowable uses by Performance
Standards in Chapter 6 or by individual Chapters as appropriate.

5‐5 LAND USES OR ACTIONS REQUIRING SPECIFIC PERMITS

The uses or activities indicated in Chart 5‐15 are permitted under a regulated process when
designated by an X. An empty square indicates that such use or activity is not permitted in
that zone.

JCZO Chapter 5 Page 1

 CHAPTER 4
GENERAL PURPOSES OF ZONES

4‐1. AGRICULTURE ZONES (A‐1)

A. A‐1 Agriculture Zone is characterized by farms and ranches engaged in the production of
food, fiber, animal products and in the raising of various kinds of livestock. Urban like uses
in A‐1 zones, including residential dwellings not associated with any particular agricultural
use, are generally neither appropriate to nor compatible with the agricultural type
activities allowed in the area.
B. AGRICULTURE LIMITED ZONE (A‐L)
The Agriculture Limited Zone is intended to encourage Agricultural Uses and those
activities that support agriculture while limiting livestock confinement operations. This
zoning designation will also prevent premature conversion of rural land for non‐
agricultural development by limiting residential density.

4‐2. RURAL RESIDENTIAL (A‐2)

The Rural Residential Zone allows housing for those individuals wanting country living apart
from city structuring and livestock confinement operations. Development supporting these
types of rural homes is compatible to this zone, as well as less intense agricultural activities.

4‐3. COMMERCIAL GENERAL (CG)

The purpose of the Commercial General Zone is to provide for and to encourage the grouping
together of businesses, public and semi‐public, and other related uses with light industrial
uses capable of being operated under such standards as to location and appearance of
buildings and treatment of land around them that they will be unobtrusive and not
detrimental to surrounding commercial or residential uses. The light industrial uses permitted
in this zone are manufacturing and those wholesale business establishments which are clean,
quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or
glare that are operated entirely within enclosed structures and generate little industrial
traffic.

4‐4. COMMERCIAL CORRIDOR (CC)

The purpose of Commercial Corridor Zone is to provide for the same standards that are
established in Commercial General (CG). The following standards are to ensure that property
values and uses will be compatible to this highway corridor. Strict sign standards, landscaping
design, lighting and parking will be compatible to present and future Commercial and Light
Industrial land uses. The Commercial Corridor Zone should be established to protect highway
corridors and entrances into the community.

4‐5. INDUSTRIAL, LIGHT (IL)

The purpose of the Industrial Light Zone is to provide for the location of manufacturing or
other industrial uses which are duly controlled operations that do not generate smoke, noise,
vibration, dust, odor, glare, gas, light, air pollutants, or water pollutants beyond the district
boundary. This zone is characterized by warehouses, wholesale storage areas, packaging

JCZO Chapter 4 Page 1

 plants, and assembly plants. The district is further designed to be a transitional zone between
heavy industrial uses and less intense general, commercial uses.

4‐6. INDUSTRIAL, HEAVY (IH)

The purpose of the Industrial Heavy Zone is to provide for the location of manufacturing,
processing, assembling, storing, testing, and similar industrial uses which are generally major
operations and extensive in character, requiring large sites where the byproduct of such uses
includes emission of nuisances such as smoke, noise, vibration, dust, odor, glare, gas, light,
air pollutants and water pollutants beyond the district boundary and which have a
detrimental effect on neighboring property. These uses require extensive community
facilities and isolation from residential and commercial uses, and they require reasonable
access to arterial thoroughfares.

4‐7. CITY IMPACT AREA (IMP)

A. Areas surrounding the cities of Jerome, Hazelton, and Eden have been suggested for
designation as City Impact Areas within the meaning of Idaho Code 67‐6526. Those
suggested areas of impact are specifically illustrated on the Zoning Map. Control of zoning
activities in an impact area is the responsibility of Jerome County.
B. The Jerome County Commissioners have the principal authority within the City Impact
Area with the cities within Jerome County having the right to advise through comments
to Jerome County.
C. Chapter 10 of the JCZO defines the following specific Areas of Impact:
IMP‐AL City Impact Area, Agriculture Limited
IMP‐COM City Impact Area, Commercial
IMP‐IND City Impact Area, Industrial
IMP‐RES City Impact Area, Residential

4‐8. AIRPORT ZONE (AR)

A. An Airport Zone applies to all real property of an airport.
B. Purpose: to encourage and support the continued operation of airports in Jerome County,
allowing certain airport related commercial uses.

4‐9. AIRPORT OVERLAY ZONE (ARO)

A. An Airport Overlay Zone (ARO) applies to those areas surrounding public/commercial
airports.
B. Purpose: to prevent the creation of aviation hazards, which endanger the health, safety,
and welfare of the public, as well as the users of the airport. The Airport Overlay Zone is
established to protect airport airspace and prevent the encroachment of noise sensitive
or incompatible land uses within certain areas of the airport. All land in the (ARO) will
maintain the underlying zones and be subject to approved uses as defined by the official
zoning map and ordinances unless further restrictions apply in the ARO Zones 1‐7.

JCZO Chapter 4 Page 2

4‐10. RECREATION ZONES (REC 1, 2, 3)
All development will be integrated to be compatible with the surrounding area and/or Special
Site for which the development is proposed.
Residential Development beyond one ensured development right will be limited to those
areas that will benefit from a view or an activity specific to the Special Site or location within
the Recreation Zone.
Commercial Development will be limited to activities that would be enhanced by developing
within the Recreation Zone, limited in size so as to meld with the site and not overwhelm it.
Agricultural Uses shall be limited to crop production, aquaculture, pastured animals, and
confined livestock that are not defined as an LCO under Chapter 13 of the JCZO.

JCZO Chapter 4 Page 3

 CHAPTER 3
ESTABLISHMENT OF ZONES

3‐1. COUNTY DIVIDED INTO ZONES

In order to accomplish more fully the objectives and purposes of this Ordinance, Jerome
County, Idaho, is hereby divided into zones which shall be known by symbols and/or names
as follows:

A‐1 Agriculture
A‐L Agriculture Limited
A‐2 Rural Residential
AR Airport Zone
ARO Airport Overlay
CC Commercial Corridor
CG Commercial, General
IH Industrial, Heavy
IL Industrial, Light
IMP‐AL City Impact Area, Agriculture Limited
IMP‐COM City Impact Area, Commercial
IMP‐IND City Impact Area, Industrial
IMP‐RES City Impact Area, Residential
REC 1, 2, 3 Recreation

3‐2. ZONING MAP

The boundaries of each of the zones are shown on the JEROME COUNTY ZONING MAP.
All boundaries, notations, and other data shown thereon are as much a part of this
Ordinance as if fully described herein.

3‐2.01 The Zoning Map shall be identified by the signature of the Chairman of the Board of County
Commissioners, attested by the Clerk, and shall bear the following words: "I hereby certify
that this is the Official Jerome County Zoning Map which was adopted by the Board of
County Commissioners of Jerome County on the ___ day of _____,____."

3‐3. REGULATIONS
Within a zoning district, the governing board shall, where appropriate, establish standards
to regulate and restrict the height, number of stories, size, construction, reconstruction,
alteration, repair or use of buildings and structures; percentage of lot occupancy; size of
courts, yards, and open spaces; density of population; and the locations and uses of buildings
and structures. All standards shall be uniform for each class or kind of building throughout
each district, but the standards in one district may differ from those in another district.
(Idaho Code 67‐6511).

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3‐4. BOUNDARIES OF ZONES
Where there is uncertainty concerning the boundaries of zones, the following rules shall
apply:
A. When indicated boundaries of the Zoning Map are approximately street or land
survey lines, said street or land survey lines shall be construed to be the zone
boundaries.
B. Where the indicated boundaries are approximately canal, natural streams, water
courses, or other clearly defined natural features, the center line of said canal,
natural stream, water course, or natural feature shall be construed to be the
zone boundary.
C. In the absence of any street, land survey, canal, natural stream, watercourse,
other natural feature, or measurement to indicate the boundaries of any zone,
the scale or measurement shown on the map shall be used to determine the
boundary lines of the said zone.
D. When a street having no zone designation is vacated, the land of the vacated
street shall have the same zone classification as the contiguous land on the same
side of the center line of the vacated street to whom such land reverts or in
whom said land becomes vested by operation of law or otherwise.
E. In instances where small parcels of territory have not been included within a
district through errors in legal description, or where territory becomes a part of
the unincorporated area of Jerome County by disincorporation of any city, such
territory shall retain its existing use classification until otherwise classified, but
not longer than a period of six months following discovery.
F. When the text of this Ordinance and the Maps of this Ordinance do not agree,
the Maps shall prevail.
G. When no regulation of this section resolves a dispute, the Zoning Administrator's
interpretation of the zone boundaries shall prevail.

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