CITY OF DOVER, IDAHO

ORDINANCE NUMBER 96

AN ORDINANCE OF THE CITY OF DOVER, BONNER COUNTY, IDAHO, AMENDING THE CITY ZONING ORDINANNCE SO AS TO PROVIDE FOR A REVISED BUILDING HEIGHT IN THE RESIDENTIAL ZONE; PROVIDING A PROCEDURE REQUIRING SUBMITTING BUILDING HEIGHT INFORMATION WITH BUILDING PERMIT APPLICATIONS; PROVIDING A DEFINITION OF BUILDING HEIGHT WITH A METHOD FOR MEASURING AND DETERMNING BUILDING HEIGHT; REPEALING ORDINANCE 75 AND; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

SECTION 1: IDAHO CODE AUTHORITY

The authority to adopt this ordinance is provided for at 67-6511, Idaho Code.

SECTION 2: BUILDING HEIGHT AMENDMENT

The City of Dover hereby amends the City of Dover Zoning Ordinance, Chapter V, Table V.1. so as to delete the current references to building height and add the following note: "The maximum building height in any resiential zone is twenty-six (26) feet. The maximum building height in all other zones is thirty (30) feet. All proposed structures shall be required to provide with building permit appliaction materials side elevation drawings of all sides of the structure with building height and predevolment grades depicted. For structures greater than twenty (20) feet in height, including stem walls, such information shall be certified by a licensed surveyor, engineer, architect or landscape architect and be submited with building permit application materials."

SECTION 3: BUILDING HEIGHT DEFINITION REVISIONS

The City of Dover hereby amends the City of Dover Zoning Ordinance, Chapter IX H., so as to strike the existing amended definition and provide a new definition of building height to read as follows: "H. Maximum Building Height. The maximum building height is the vertical distance between pre-development ground elevation and the highest point on the building. The maximum building height shall be measured immediately adjacent to the building from a horizontal plane set by the hightest structural point on the building to the highest predevelopment ground elevation on the uphill side of the building."

Building height excludes chimneys, vents and antennae. Pre-development elevations shall be determined by the presence of undisturbed topsoil and/or vegetation or similar indications to the satisfaction of the City. Any costs incurred by the City determine buliding height shall be in addition to other building or zoning permit fees and shall be the responsibility of the landowner.

SECTION 4: REPEALING ORDINANCE 75

The City of Dover hereby repeals Ordinance 75 in its entirety.

SECTION 5: EFFECTIVE DATE

This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.

Passed under suspension of the rules with the following roll call vote and duly enacted as an Ordinance of the City of Dover, Idaho at a special meeting of hte City Council of said City held the 16th day of August, 2007.

Louis Collins Aye

Jim Janish Absent

Marguerite Burge Nay

Margaret Becker Aye

/s/ Paul "Randy Curless,

Mayor

Attest

/s/Laurie Katana

City Clerk

Legal SNP 8971

September 15, 2007