Zoning, building permits and septic rules in Mackay, Idaho

Mackay’s own rules

• Building permitRequired

  Activities identified in Mackay city's planning and zoning chapter, inside Mackay city limits

  • The code requires the permit for activities identified in the chapter; the full list of covered activities was not read.
  • The permit is a building (zoning) permit issued under Title 2, chapter 1 of the city code, and it depends on setback verification.
  • Construction may proceed after the permit is issued; the permit is a precondition.

  “1-1-1: requirement: city of mackay planning and zoning chapter requires a building (zoning) permit for activities identified in said code within the city of mackay.”

• Local zoningPresent (with conditions)

  Land inside Mackay city limits (Custer County, Idaho). Mackay city's own Zoning Ordinance No. 424 applies; it is the city's zoning ordinance, not county zoning.

  • Ordinance No. 424 states it has been amended by City of Mackay Ordinance #448; the amendment was not located or read, so the text relied on may be out of date.
  • Zoning map is referred to as Exhibit 1 / section 2-3 but was not opened.

  “ordinance no. 424 an ordinance of the city of mackay, idaho, providing a zoning ordinance; providing the purpose and title of said ordinance;”

• Minimum lot sizeSpecified

  Single-family residential ('r') zone inside Mackay city limits

  • Applies per dwelling unit; no more than one dwelling may be erected on a lot.
  • Section 3-3 is the R district rule; the R zone is the main residential district.

  minimum lot area per dwelling unit: >= 5000 square feet

  “3-3 lot area the minimum lot area per dwelling unit shall not be less than five thousand (5,000) square feet. no more than one (1) dwelling may be erected on a lot.”

• SetbacksSpecified

  Single-family residential ('r') zone inside Mackay city limits: front yard

  • Front yard measured from any city street right-of-way.
  • Rear and side yard requirements in section 3-4 were not fully read and are not stated here.

  front yard depth: >= 20 feet

  “a. front yards: a front yard shall be provided of a depth of not less than twenty (20) feet from any city street right of way.”

• Lot coverageSpecified

  Single-family residential ('r') zone inside Mackay city limits

  • Stated as a share of the lot occupied by the home (section 3-4).

  maximum lot coverage by home: <= 40 percent of lot

  “3-4 yards no more than 40% of the lot may be occupied by the home.”

• Permit processPartial

  Building (zoning) permit applications inside Mackay city limits

  • Application goes to the city clerk on form com-bp-1-1.18; review by the planning and zoning commission and public works supervisor; appeal goes to city council under title 9, chapters 14 and 15.
  • Section 1-1-7 cites the fee but the amount was not read (see permit_fees).

  “1-1-2: form: applicant shall obtain form com-bp-1-1.18, "application for building (zoning) permit," from the city clerk/deputy clerk, and complete said form with required attachments in their entirety.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Mackay or Custer County directly.

• Owner-builder exemption — Owner-builder construction inside Mackay city limits
• Building code adopted — Building codes adopted for construction inside Mackay city limits
• Inspections — Building inspections inside Mackay city limits
• Certificate of occupancy — Certificates of occupancy inside Mackay city limits
• Minimum dwelling size — Minimum dwelling size inside Mackay city limits

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.