Ada County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 5
SPECIFIC USE STANDARDS
8-5-1: PURPOSE:
B. Article A of this chapter sets forth the procedures and required findings for accessory uses.
C. Article B of this chapter sets forth the procedures, general standards, and required findings for conditional uses. (Ord. 389, 6-14-2000)
8-5-2: APPLICABILITY:
These regulations apply to any property in unincorporated Ada County where the specific use is listed as a permitted, accessory, or conditional use in the base district or otherwise allowed by an overlay district. (Ord. 389, 6-14-2000)
8-5-3: SPECIFIC USE STANDARDS:
These standards are in addition to the requirements of chapter 4, "Regulations Applying To All Districts", of this title. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-1: ACCESSORY STRUCTURE1:
A. General Standards:
1. A principal permitted dwelling with a valid certificate of occupancy, or a principal permitted dwelling under construction with a valid building permit, shall be present on the subject property.
2. The structure shall not be used as an additional dwelling, except as provided for secondary dwellings 2 .
3. The structure shall not be used for commercial or industrial purposes.
4. The accessory structure shall not be used to store commercial vehicles, except as provided in subsection 8-4G-4A2 of this title.
5. All accessory structures shall be included in the coverage calculations for a particular property.
B. Location Standards: The location of accessory structures shall be restricted as follows:
1. Accessory structures shall not be located in any required setbacks or on any publicly dedicated easements.
2. Accessory structures in the front yard shall not impede connection of the dwelling to a municipal wastewater collection and treatment system.
3. Accessory structures in the front yard shall not block the view of the main entrance to the principal permitted dwelling.
C. Size Standards: The size of accessory structures shall be restricted as follows:
1. Accessory structures in the front yard of parcels less than one (1) acre in size shall not exceed fifty percent (50%) of the square footage of the footprint of the principal permitted dwelling or one thousand five hundred (1,500) square feet, whichever is less.
D. Height Standards: The height of an accessory structure shall be restricted as follows:
1. An accessory structure shall not exceed a height of twenty four feet (24').
2. In a residential base district, accessory structures located in the front yard, or within a side yard if any portion of the structure lies between the front property line and a distance of fifteen feet (15') behind the front wall of the principal permitted dwelling, shall not exceed the height of the principal permitted dwelling.
E. Design Standards:
1. All accessory structures shall meet all of the following design standards:
a. The roofing and finish materials shall be similar in color to the principal permitted dwelling;
b. The roof shall have a similar pitch to that of the principal permitted dwelling.
2. Accessory structures greater than one thousand five hundred (1,500) square feet shall meet the following additional standards:
a. The accessory structure shall portray the architectural character of the principal permitted dwelling.
(Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 581, 5-25-2005; amd. Ord. 713, 11-12-2008; amd. Ord. 902, 10-2-2019
; amd. Ord. 934, 12-21-2021
)
8-5-3-2: ADULT ENTERTAINMENT ESTABLISHMENT:
A. Separations: In recognition of Idaho Code section 67-6533, the following distance separations shall be required:
1. No adult entertainment establishment shall be allowed within one thousand feet (1,000') of another existing adult entertainment establishment.
2. No adult entertainment establishment shall be located within two thousand five hundred feet (2,500') of any church or place of religious worship.
3. No adult entertainment establishment shall be located within two thousand five hundred feet (2,500') of any school as herein defined.
4. The applicant shall provide evidence certified by a professional land surveyor licensed in the state of Idaho that the proposed adult entertainment establishment conforms to the separation requirements of this subsection A.
B. Signs:
1. All adult entertainment establishments shall comply with the regulations of chapter 4, article I of this title. Further, signs for adult entertainment establishments shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to "adult entertainment" as herein defined.
2. Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door sign (as defined herein) stating "Persons under 18 years of age not permitted". The sign shall be no less than 0.5 square feet and no greater than one square foot in area. Such sign shall not require administrative approval as set forth in chapter 4, article I, "Sign Regulations", of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-3: ADULT RESPITE CARE FACILITY:
There are no additional standards for for this specific use. (Ord. 902, 10-2-2019)
8-5-3-4: AGRICULTURAL SERVICE ESTABLISHMENT:
The proposed use must serve a rural district with agricultural services as herein defined. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-5: GRICULTURAL STRUCTURE:
A. The structure shall be located on a "farm" as herein defined.
B. The structure shall be exclusively for agricultural uses. This structure shall not be used for residential, commercial or industrial purposes.
C. The structure shall comply with the dimensional standards for the applicable base and overlay districts.
D. The applicant shall obtain a zoning certificate prior to construction; however, the structure shall be exempt from requirements of a building permit. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-6: AGRICULTURAL USE:
The use shall be conducted on a "farm" as herein defined. The application of fertilizer or process wastewater at agronomic rates shall be deemed a component of the agricultural use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-7: AIRCRAFT LANDING FIELD (PRIVATE OWNERSHIP):
A. Prior to application, the applicant or owner shall receive airspace approval from the federal aviation administration.
B. The runway design shall comply with the design and construction standards and recommendations in the federal aviation administration handbook entitled "Airport Design", advisory circular 150/5300-13.
C. If applicable, the applicant shall provide verification of compliance with the regulations and requirements of the following agencies:
1. Federal aviation administration.
2. Idaho transportation department (bureau of aeronautics).
3. Idaho military division-national guard.
4. The city of Boise airport commission.
D. Any accessory uses including, but not limited to, fuel storage areas, structures or facilities for storing and maintenance of aircraft, and any outdoor storage or tie down areas shall be included on the master site plan for the aircraft landing field.
E. As applicable, the applicant shall obtain written approval for fuel tanks from Idaho division of environmental quality, Idaho department of water resources, and the appropriate fire authority.
F. The aircraft landing field shall be prohibited within the following areas:
1. The Snake River natural area birds of prey and canyon preservation as noted on the Ada County comprehensive plan generalized future land use map; or
2. The Snake River birds of prey national conservation area. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-8: AIRPORT (PUBLIC OWNERSHIP):
A. If applicable, the applicant shall provide verification of compliance with the regulations and requirements of the following agencies:
1. Federal aviation administration.
2. Idaho transportation department (bureau of aeronautics).
3. Idaho military division-national guard.
4. The city of Boise airport commission.
B. The proposed airport shall meet the design standards of the federal aviation administration for the particular class or field. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-9: AMUSEMENT OR RECREATION FACILITY, INDOOR:
There are no additional standards for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-10: AMUSEMENT OR RECREATION FACILITY, OUTDOOR:
A. General Standards:
1. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100') from any residential districts.
2. Any outdoor speaker system associated with the amusement or recreation facility shall comply with the noise regulations of section 5-13-3 of this code.
3. All outdoor activities and events shall be scheduled so as to complete all activity by ten o'clock (10:00) P.M. All illumination shall be terminated no later than one hour after conclusion of the event.
B. Drive-In Theater:
1. The projection screen shall not be located nearer than fifty feet (50') from any public street, shall not be visible from a public street, and shall not be located nearer than three hundred feet (300') from a residential district.
2. The site shall have access from a principal or minor arterial. Vehicle stacking lanes shall be available on the property, but outside the theater entrance. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by theater patrons.
3. A six foot (6') sight obscuring fence, wall, or screen shall be included in the landscape plan for all property lines abutting a residential district.
4. No central loudspeakers shall be permitted. Individual loudspeakers shall be designed to be heard by the occupants of one vehicle only.
5. Accessory retail uses (including, but not limited to, food or beverage service) associated with the theater may be allowed if designed for use by patrons of the drive-in theater only.
C. Golf Driving Range: Accessory sales and rental of golf equipment shall be allowed. The golf driving range shall be designed to protect abutting property and roadways from golf balls.
D. Swimming Pool: Any outdoor swimming pool shall be completely enclosed within a six foot (6') barrier that meets the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code. (Ord. 389, 6-14-2000; amd. Ord. 852, 3-2-2016; amd. Ord. 902, 10-2-2019)
8-5-3-11: ANIMAL BOARDING WITH OUTSIDE RUNS:
A. A six hundred foot (600') separation shall be maintained between the area and structures where animals are housed and any property line.
B. Outside runs for commercial kennels shall be operated only with an attendant present on the premises twenty four (24) hours a day.
C. Adequate fencing shall be provided to restrain animals from running at large. At a minimum, the animals shall be enclosed within a six foot (6') fence or wall. Electronic fences shall not be used as the sole method of restraining animals. In residential districts, visual screening shall be required to buffer adjacent land uses. (See also section 8-5-3-44 of this chapter.)
D. If located within airport influence area B-1, B, or C, the animals shall not spend more than two (2) hours each day outside a structure as set forth in chapter 3, article A of this title.
E. Five percent (5%) of the building floor area, excluding the kennel area, may be used for related retail sales.
F. A grooming facility is allowed, but not to occupy more than thirty five percent (35%) of the building floor area, excluding the kennel area. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-13: ASPHALT OR CONCRETE READY MIX PLANT:
A. Asphalt mixing and concrete batching may only be allowed as accessory uses to a pit, mine, or quarry in an industrial or rural district. See section 8-5-3-81 of this chapter.
B. Any structure or equipment shall be a minimum of one thousand feet (1,000') from any dwelling other than the dwelling of the owner or caretaker of the subject property.
C. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-14: AUCTION ESTABLISHMENT, OUTDOOR:
A. Outdoor livestock and merchandise auctions shall be allowed in the rural districts. In all other districts, only outdoor merchandise auctions shall be allowed. See section 8-5-3-97 (retail store) of this chapter for indoor auctions.
B. A three hundred foot (300') separation shall be maintained between the area and structures where animals are housed and any residential district. This requirement may be waived where the owner and/or operator of the establishment can demonstrate that the area or structure in which the animals are housed shall not allow sound or odors to be transmitted to the residential district.
C. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-15: AUTOMOBILE OR RECREATIONAL VEHICLE SALES OR SERVICE:
A. The use shall not constitute a junkyard.
B. All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure.
C. Outdoor storage of accessories, replacement parts, or discarded parts shall comply with section 8-5-3-78 of this chapter.
D. Inoperable or dismantled motor vehicles shall be stored behind a sight obscuring fence, wall, or screen or within an enclosed structure and shall not be visible from any street or private road.
E. Automotive sales and rental areas shall be subject to the landscape and screening requirement of parking areas in section 8-4F-7 of this title. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-16: AUTOMOBILE, MAJOR REPAIR:
A. The use shall not constitute a "junkyard" as herein defined.
B. All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure.
C. Outdoor storage of accessories, replacement parts, or discarded parts shall comply with section 8-5-3-78 of this chapter.
D. Inoperable or dismantled motor vehicles shall be stored behind a sight obscuring fence, wall, or screen or within an enclosed structure and shall not be visible from any street or private road. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-17: AUTOMOTIVE, HOBBY:
It is the intent of this regulation to allow for restoration, maintenance, and/or preservation of motor vehicles as a hobby. The following standards shall apply:
A. There shall be no wholesale or retail sale of automotive parts or supplies.
B. There shall be no commercial restoration, repair, or maintenance of motor vehicles.
C. The site for an automotive hobby shall be maintained in an orderly manner so as not to create a public nuisance.
D. Not more than two (2) inoperable, dismantled, or unregistered motor vehicles may be visible from any street or private road. All other inoperable, dismantled, or unregistered motor vehicles shall be stored: 1) in the rear or side yard behind a sight obscuring fence, wall, or screen that is not less than six feet (6') in height, or 2) within a completely enclosed structure. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-18: BANK:
There are no additional standards for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-19: BAR, BREW PUB, OR NIGHTCLUB:
A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.
B. The bar, brew pub, or nightclub shall not be located within one thousand feet (1,000') of a church or school property.
C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except as provided for in chapter 4, article L, "Temporary Use", of this title. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-20: BED AND BREAKFAST ESTABLISHMENT:
A. The minimum property size for a bed and breakfast establishment shall be one acre.
B. Any such facility shall be an owner occupied dwelling. For the purposes of this subsection, an "owner" shall be defined as a person with a fifty percent (50%) or greater interest in the bed and breakfast establishment.
C. If remodeling an existing structure, the exterior appearance of the structure shall be that of a single-family dwelling. Fire escapes and other features may be added to protect public safety; however, structural alterations may not be made that would prevent future use of the structure as a single-family dwelling.
D. No more than ten (10) occupants (including, but not limited to, the owner, the owner's family, and any resident or nonresident employees) shall be permitted to occupy the facility at any one time (daytime, evening, or night).
E. The maximum stay shall be two (2) weeks for any guest.
F. Breakfast shall be served on the premises only for guests and employees of the facility. No other meals shall be provided on the premises. Guestrooms may not be equipped with cooking facilities including, but not limited to, stoves, hot plates, or microwave ovens.
G. Only business signs referring solely to a principal permitted use of the bed and breakfast are permitted. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-21: BOARDING HOUSE:
No more than ten (10) occupants (including any resident staff and family) shall be permitted to occupy any such facility at one time. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-22: BREWERY OR DISTILLERY:
The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-23: CAMPGROUND:
A. Access: The campground site shall have access from a principal or minor arterial.
B. Design Standards:
1. The applicant shall indicate the specific location of each proposed cabin, campsite, or recreational vehicle space on the master site plan.
2. A fifty foot (50') landscaped setback with protective screening or fencing shall be required on property boundaries adjacent to a public right of way. Those property boundaries abutting private property shall require a landscape setback of fifty feet (50') with protective fencing.
3. A three hundred foot (300') separation shall be maintained between any outdoor activity area (including campsites and recreation facilities) and any residential district.
4. Any outdoor speaker system associated with the campground shall comply with the noise regulations of section 5-13-3 of this code.
C. Accessory Uses: Accessory uses including, but not limited to, management headquarters, recreational structures, coin operated laundry facilities, toilets, and showers may be allowed, subject to the following restrictions:
1. Such uses shall be restricted in their use to occupants of the campground.
2. Such uses shall present no visible evidence of their commercial character to attract customers other than occupants of the campground.
3. The structures enclosing such uses shall not be located closer than one hundred feet (100') to any public street and shall not be directly accessible from any public street, but shall be accessible only from a drive within the campground.
D. Use Of Spaces; Maximum Stay: Spaces may be used by tents or temporary shelter arrangements or devices (including recreational vehicles). The maximum stay shall be two (2) weeks for any guest. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-24: CAR WASH:
A. All businesses providing self-service or drive-through car wash facilities shall identify the stacking lane and wash location on the master site plan.
B. If within the C1 district, a car wash facility shall be allowed only as an accessory use to a gasoline, diesel, or alternative fuel sales facility. The car wash facility shall be limited in capacity to a single vehicle.
C. A one hundred foot (100') separation shall be maintained between any car wash facility and any residential district.
D. Any outdoor speaker system associated with the car wash shall comply with the noise regulations of section 5-13-3 of this code.
E. Vehicle stacking lanes shall be available on the property but outside the car wash facility entrance. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. Such stacking lanes shall be separate from areas required for access and parking and depicted on the master site plan showing the car capacity and adequate turning radius for standard vehicles. The stacking lanes shall not be located within ten feet (10') of any residential district. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)
8-5-3-25: CEMETERY:
A. For the purposes of this subsection, the term "structures" shall include, but not be limited to, mausolea, columbaria, and crypts. No structure, exclusive of fences or walls, shall be located within one hundred feet (100') from any existing dwelling other than the dwelling of the owner or caretaker. Structures shall conform to the height limitation and required yards for the applicable base district.
B. Graves and monuments shall not be located within fifteen feet (15') from any property line.
C. All cemeteries shall be platted according to the regulations of chapter 6 of this title.
D. If the cemetery is privately owned, the cemetery shall be established as a perpetual care cemetery in accord with Idaho Code section 27-401.
E. If the cemetery use includes a mortuary, the mortuary is considered an accessory use to the cemetery. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-26: CHILDREN'S TREATMENT FACILITY:
A. The applicant or owner shall secure and maintain a license from the state of Idaho department of health and welfare family and children's services division.
B. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-27: CHURCH:
Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-28: CLINIC, MEDICAL (EXCLUDING ANIMAL OR VETERINARY):
There are no additional standards for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-29: CLUB OR LODGE OR SOCIAL HALL:
A. All structures shall meet the minimum required setbacks for the applicable base district, or a minimum setback of thirty five feet (35') from any public street and twenty five feet (25') from any other property line, whichever is greater.
B. Any food service shall be approved by the central district health department. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-30: COMPOSTING FACILITY, COMMERCIAL:
A. The use shall comply with all applicable regulations pertaining to designation, licensing, and maintenance of commercial composting facilities including, but not limited to, federal, state, and local statutes, rules, and/or ordinances 1 .
B. Grass composting shall only be allowed when the applicant can demonstrate that the use will not cause undue adverse impacts on surrounding properties.
C. All structures, outdoor storage areas, or any areas where compost is stored shall be located a minimum of one hundred feet (100') from any residential district and shall meet the standards of section 8-5-3-78, "Outdoor Storage", of this chapter.
D. For the purposes of this subsection, compost material shall not be considered a fertilizer, and shall not be restricted by section 8-4A-16, "Outdoor Storage Of Chemicals And Fertilizers", of this title.
E. The site for the composting facility shall be maintained in an orderly manner so as not to create a public nuisance. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-31: CONTRACTOR'S YARD OR SHOP:
A. General Standards:
1. If the property is located in a residential or rural base district, all outdoor storage areas shall be located a minimum of fifty feet (50') from any property line abutting other property and depicted on the master site plan. This buffer from the property line shall have a vegetative ground cover and shall be regularly maintained to prevent weed growth. All structures and outdoor storage areas shall be depicted on the master site plan.
2. If the property is located in a residential or rural base district, all structures shall be located a minimum of fifty feet (50') from any property line abutting other property and depicted on the master site plan; office and vehicle parking areas for vehicles that fall within the National Highway Traffic Safety Administration classification of passenger cars, sport utility vehicles, pickup trucks, and vans may utilize the setbacks of the underlying zone.
3. If the property is located in a residential or rural base district the minimum property size for a contractor's yard shall be five (5) acres.
4. Outdoor storage areas shall be screened year round and comply with section 8-5-3-78 of this chapter.
5. The site shall not be used as a "junkyard" or "automobile wrecking yard" as herein defined.
6. For the purposes of this title, a contractor's yard or shop is not a home occupation.
7. The property shall have approved access from an improved public roadway for the use.
8. Maintenance of vehicles or machinery shall be incidental to the contractor's yard or shop and the incidental use shall only include minor repair.
9. Accessory office space shall comply with section 8-5-3-75 of this chapter and shall be identified on the master site plan.
10. Parking area improvements shall comply with the standards found in chapter 4, article G of this title and shall be delineated on the master site plan or parking plan. No on street parking of vehicles or equipment associated with the use is allowed.
11. Use of the property shall comply with title 5, chapter 13, "Noise", of this code.
12. Hours of operation shall be limited between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. unless otherwise approved or restricted with a conditional use permit.
13. No retail sales associated with a contractor's yard or shop may occur on the property unless retail sales are approved with a different use that allows retail sales.
14. A building permit may be required for the change in use or occupancy of any existing structure, or portion thereof, used in association with a contractor's yard or shop.
15. For the duration of the approval, the use shall be subject to zoning inspection upon advanced notice and request by the Ada County development services department. If a permit holder refuses to allow inspection of the premises by the development service department, the approved zoning certificate or conditional use permit may be revoked.
B. Additional Standards: Additional standards for a contractor's yard or shop permitted as a conditional use:
1. Application Requirements: The application materials shall include the following documentation:
a. The proximity of existing dwellings;
b. The number of employees at the largest shift;
c. The hours and days of operation;
d. The number and type of vehicles that will be stored/used on the site;
e. Dust;
f. Noise;
g. Outdoor loading;
h. Traffic;
i. Landscaping and screening;
j. Other.
2. The duration of a conditional use permit for a contractor's yard or shop shall be limited within the RR, RP, RSW, and RUT Districts. The conditional use permit shall expire five (5) years following the approval date, or upon annexation of the subject property into a city, whichever occurs first. Upon expiration of the conditional use permit, all equipment and materials stored outdoors shall be removed within thirty (30) days from the subject property. (Ord. 389, 6-14-2000; amd. Ord. 743, 2-10-2010; amd. Ord. 902, 10-2-2019; amd. Ord. 934, 12-21-2021)
8-5-3-32: CREMATORY:
A. The applicant or owner shall obtain written approval from the state of Idaho division of environmental quality.
B. A crematory, whether lying within or without the limits of a cemetery, shall be a minimum of one hundred feet (100') from any property line. The applicant shall provide written documentation that the crematory structures and equipment shall not create a public nuisance by reason of smoke or odor extending beyond or outside of the property lines of the subject premises.
C. The site for the crematory shall be maintained in an orderly manner so as not to create a public nuisance. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-33: DANGEROUS OR PROTECTED ANIMALS:
A. Regulations: The owner or caretaker of dangerous or protected animals shall comply with all state and/or federal regulations regarding the maintaining, raising, harboring, possession, training, or boarding of such animals.
B. Endangered Or Protected Species Research Facility: Facilities for, as herein defined, are subject to the following standards and processes:
1. Standards: Standards applicable to an "endangered or protected species research facility" as defined herein shall include:
a. The facility, which may include more than one structure, must be located within a rural base district on at least forty (40) contiguous acres of land.
b. The applicant shall apply for a conditional use permit for approval of a conceptual development plan. The decision making body shall determine the approval period for the conceptual development. The maximum allowable time period shall not exceed twenty (20) years.
c. Allowable ancillary uses consistent with the research and educational mission of the endangered or protected species research facility, can be established at the time of conditional use permit approval of a conceptual development plan. These uses may include, but not be limited to: museums, visitor centers, incidental retail, libraries, classrooms, offices, meeting spaces, staff residences, storage buildings and veterinary and laboratory facilities. Additional ancillary uses identified at time of conceptual development plan application may require separate conditional use approval at the time of development.
d. Unless specifically exempted or amended as part of an approved conditional use permit, all structures and uses, with the exception of incidental storage or utility structures having a building footprint of more than one thousand five hundred (1,500) square feet, shall be set back two hundred feet (200') from any property line abutting a residential use. In no case shall setbacks be reduced below the minimum standards for the base zoning district, unless a variance is approved pursuant to section 8-7-4 of this title. Incidental storage or utility structures having a building footprint of less than one thousand five hundred (1,500) square feet shall comply with standard setbacks for the base zoning district.
e. The facility's water system for potable water and fire suppression shall be provided by a utility regulated by the Idaho public utilities commission.
2. Conceptual Development Plan Approval: At the time of conditional use application for a conceptual development plan, the following items are required in addition to the items outlined on the conditional use checklist:
a. The conditional use application fee for conceptual plan review shall be based on the area of total proposed disturbed acreage.
b. A conceptual development plan, in lieu of the master site plan, that shows:
(1) Existing structures, uses, parking layout and traffic circulation;
(2) Calculations of existing and required parking for each existing structure and/or use;
(3) The general location of proposed new structures and/or uses and their required parking facilities in relation to existing or proposed traffic circulation patterns;
(4) Any existing easements or rights of way within one hundred feet (100') of the conceptual area of development;
(5) The maximum requested level of residential development;
(6) The location and capacities of firefighting resources on site; and
(7) The location of wells, septic systems, and/or reserve septic systems, if applicable.
c. A detailed letter describing the nature of the request. The narrative should include:
(1) Proposed use(s);
(2) List of proposed allowed ancillary use(s);
(3) List of proposed ancillary use(s) allowed by conditional use; and
(4) A written statement describing the off street parking and loading plan.
C. Conceptual Development Plan Terms Of Approval: The terms of approval for the conditional use permit for the conceptual development plan shall include the following:
1. A maximum time frame (of up to 20 years, as established by the decision making body) during which time the conceptual development plan shall be valid. A zoning certificate is not required to be issued within one year, as required per subsection 8-5B-3E of this chapter; however, a zoning certificate is required with every building permit issued under the conceptual development plan.
2. A listing of allowed ancillary use(s) approved as part of the permit.
3. A listing of ancillary use(s) allowed by an additional conditional use permit prior to development of the specific use(s).
4. Written statement regarding the level of modifications and/or expansions to the approved plan to be allowed without additional conditional use approval if it is determined that subsections 8-5B-3G and/or H of this chapter are not applicable.
5. The hours and days of operation for areas open to the general public.
7. Determination on the waiving or modification of landscaping standards by the commission, as allowed under subsection 8-4F-2B of this title.
8. Residences shall only be for use of employees of the facility, except as specifically allowed under the terms of approval.
D. Allowed Ancillary Uses: At the time of building permit and/or zoning certification for allowed ancillary use(s), the owner and/or applicant shall:
1. Submit a master application for an addendum and the endangered or protected species ancillary use checklist.
2. Payment of the completeness review application fee.
3. Provide an updated table of existing and required parking for the site.
4. Central district health department approval of any proposed facilities under their jurisdiction.
5. Provide a written statement from the applicant that a valid U.S. fish and wildlife service permit for an endangered or protected species research facility remains in effect.
6. Provide a written statement explaining how the ancillary use conforms to the approved conceptual development plan.
E. Ancillary Uses Requiring A Conditional Use: At the time of application for ancillary uses requiring a conditional use, the following items are required in addition to the items required on the conditional use checklist:
1. In lieu of a master site plan, a detailed site plan of the affected area(s) showing:
a. Existing uses, buildings and parking facilities;
b. Proposed uses, buildings and parking facilities;
c. Existing easements or rights of way within one hundred feet (100') of the conceptual area of development;
d. The maximum square footage requested for the ancillary use(s);
e. Location of wells and septic system.
2. The applicant shall also provide in writing:
a. Approval of central district health, if applicable;
b. A statement regarding the off street parking and loading plan and conformance to the approved conceptual development plan; and
c. Provide a statement explaining how the use conforms to the approved conceptual development plan.
3. Payment of the conditional use application fee based on the square footage of the proposed structure(s). (Ord. 389, 6-14-2000; amd. Ord. 726, 4-8-2009; amd. Ord. 902, 10-2-2019)
8-5-3-34: DAYCARES; DAYCARE CENTER, FAMILY DAYCARE HOME, AND GROUP DAYCARE FACILITY:
A. Standards For Daycare Centers:
1. There shall be a minimum of thirty five (35) square feet of net floor area indoors per client. This space shall be measured wall to wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms, and kitchen.
2. On site vehicle parking and pick up and turnaround areas shall be provided to ensure safe discharge and pick up of clients.
3. The decision making body shall specify the maximum number of allowable clients as a condition of approval, based on the requirements of this title and Idaho Code.
4. The decision making body shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed daycare center with such uses. The decision making body may require additional conditions as are necessary to protect the public health, safety, and welfare of the clients.
5. No portion of the facilities used by clients may be within three hundred feet (300') of explosive or hazardous material storage including, but not limited to, the following uses: brewery or distillery, explosive manufacturing or storage, flammable substance storage, gasoline, diesel, or alternative fuel sales facility, manufacture or processing of hazardous chemicals or gases, and winery.
6. The daycare center operator shall secure and maintain a daycare center license from the state of Idaho department of health and welfare.
7. The daycare center operator shall provide a minimum outdoor play area of one hundred (100) square feet per child. The minimum play area requirement may be waived if: a) there is greater or equal area of parks that abut the facility that can be used by the children, or b) the program design is such that the number of children using the play area at any one time conforms to the one hundred (100) square foot per child criteria.
8. All outdoor play areas shall be completely enclosed by a minimum of six foot (6') barriers to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
9. Outdoor play equipment over six feet (6') high shall not be located in any required yard.
10. The proposed use shall be located and designed to protect the health, safety, and welfare of the children.
11. Minimum staff required is one per six (6) children under eighteen (18) months; one per twelve (12) children eighteen (18) months to five (5) years; and one per eighteen (18) children aged five (5) years or older.
12. A fire inspection and a health inspection are required by Idaho Code sections 39-1104, 39-1109 and 39-1110. The daycare operator shall apply to the Idaho department of health and welfare for the inspections.
13. A criminal history check is required by Idaho Code section 39-1105. The daycare operator shall apply for the criminal history check at the Idaho department of health and welfare.
14. Immunizations and staff training are required by Idaho Code sections 39-1118 and 39-1119.
15. A commercial building permit is required for the entire structure(s) used for the daycare center.
16. Hours of operation are limited to six thirty (6:30) A.M. to seven (7:00) P.M. or as specified in the conditional use permit.
B. Standards For Family Daycare Homes:
1. If any of the children cared for at the family daycare home are younger than seven (7) years of age, a criminal history check of staff shall be obtained from the Idaho department of health and welfare.
2. Hours of operation are limited to six-thirty (6:30) A.M. to seven (7:00) P.M.
3. If outdoor lighting is to be used, it shall comply with chapter 4, article H of this title as is required for a master site plan.
C. Standards For Group Daycare Facilities:
1. There shall be a minimum of thirty five (35) square feet of net floor area indoors per client. This space shall be measured wall to wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms and kitchen.
2. No overnight parking shall be allowed. On site parking for the group daycare facility shall not use the parking space(s) required for the dwelling unit or other approved uses located on the site.
3. The applicant shall provide a minimum outdoor play area of one hundred (100) square feet per child. The director may waive the minimum play area requirement if there is a park that abuts the property that can be used by the children.
4. All outdoor areas shall be completely enclosed by a minimum of six foot (6') barriers to secure against exit or entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
5. Outdoor play equipment over six feet (6') high shall not be located in any required yard.
6. Minimum staff required is one staff person per six (6) children younger than eighteen (18) months and one staff person per twelve (12) children eighteen (18) months old or older.
7. A fire inspection is required. The applicant shall apply to the local fire district, or, if not located within a fire district, to the Idaho fire marshal.
8. If any of the children cared for at the group daycare facility are younger than seven (7) years of age, a criminal history check of staff is required from the Idaho department of health and welfare, per Idaho Code section 39-1114.
9. Hours of operation are limited to six-thirty (6:30) A.M. to seven (7:00) P.M.
10. If outdoor lighting is to be used, it shall comply with chapter 4, article H of this title as is required for a master site plan. (Ord. 389, 6-14-2000; amd. Ord. 675, 11-14-2007; amd. Ord. 766, 12-8-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)
8-5-3-35: DRIVE-UP WINDOW SERVICE:
A. All businesses providing drive-up window service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the master site plan.
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking and depicted on the master site plan showing the car capacity and adequate turning radius for standard vehicles. The stacking lane shall not be located within ten feet (10') of any residential district.
C. Any outdoor speaker system associated with the drive-up window service shall comply with the noise regulations of section 5-13-3 of this code. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-36: DRUG AND ALCOHOL TREATMENT FACILITY:
The owner of the facility shall secure and maintain a license from the state of Idaho department of health and welfare mental health and substance abuse division. In areas that are zoned rural preservation (RP) or rural residential (RR), the facility shall only be permitted if it lies within an area of city impact. (Ord. 389, 6-14-2000; amd. Ord. 674, 9-12-2007; amd. Ord. 902, 10-2-2019)
8-5-3-37: DUPLEX, TOWNHOUSE OR SINGLE-FAMILY ATTACHED DWELLING:
There are no additional standards for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-38: DWELLING, ADDITIONAL FARM:
A. The additional farm dwelling shall be located on a "farm" as herein defined.
B. No more than one permanent additional dwelling (including, but not limited to, caretaker dwelling, additional farm dwelling, or secondary dwelling) shall be permitted on a property.
C. The additional farm dwelling shall be occupied by households where at least one individual is an “employee” (as herein defined) on the farm.
D. The location of the additional farm dwelling shall be: 1) on an existing or previously abandoned farmstead, or 2) not on prime agricultural land as herein defined. If such alternatives are not available, the farthest extent of the additional farm dwelling shall be located within one hundred feet (100') of the existing farm dwelling. The additional farm dwelling shall not conflict with existing or proposed wastewater treatment systems.
E. The applicant shall demonstrate the need for the additional farm dwelling based on characteristics of the farm and/or farm operation. Such characteristics shall include, but are not limited to:
1. The size of the entire farm including all other property used for such farm operation within the immediate area.
2. The types of farm crops and acreage for each type.
3. The operational requirements for the particular farm activity.
4. The number of other permanent or temporary dwellings on the farm.
5. The numbers of owners/employees/workers on the farm (including permanent and seasonal). (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-39: DWELLING, CARETAKER FOR AN APPROVED USE:
A. The caretaker dwelling is needed to house the owner or the owner's employee of an approved use.
B. The caretaker dwelling shall be occupied by households where at least one individual is an "employee" (as herein defined).
C. Need for the caretaker dwelling shall be justified for reasons of upkeep on the property, supervision of operations, and/or guarding materials stored on site.
D. No more than one permanent additional dwelling (including, but not limited to, principally permitted dwelling, caretaker dwelling, additional farm dwelling, or secondary dwelling) shall be permitted on a property. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-40: DWELLING, SECONDARY ATTACHED OR DETACHED:
A. Applicability. This section applies to any secondary attached or detached dwelling and details the standards required to ensure these dwelling types remain incidental and subordinate to the principal permitted dwelling.
B. General Standards.
1. Principal Dwelling: A principal permitted dwelling with a valid zoning certificate and certificate of occupancy, or a principal permitted dwelling under construction with a valid building permit, must be present on the subject property.
2. Number Allowed: No more than one permanent additional dwelling including, but not limited to, an additional farm dwelling, caretaker dwelling, or a secondary dwelling shall be permitted on a property. Conversion of an existing attached garage or basement of the principal permitted dwelling counts as the allowed one permanent additional dwelling.
3. Occupancy: Either the principal dwelling or the secondary dwelling must be continuously occupied by at least one (1) person having ownership interest in the subject property.
4. Property Size: The subject property shall have a minimum property size of at least six thousand (6,000) square feet.
5. Dimensional Standards. All secondary dwellings shall meet the dimensional standards for the applicable zoning district.
C. Design Standards.
1. Size. A secondary dwelling may be between three hundred fifty (350) square feet up to a maximum of one thousand two hundred (1,200) square feet or sixty percent (60%) of the square footage of above-ground living space of the principal dwelling, whichever is less. Garage and/or shop space included in an accessory structure containing a secondary dwelling shall not count against the allowed square footage of the secondary dwelling.
a. Sixty percent (60%) Calculation: The square footage of covered outdoor space, basements or attached/detached garages associated with the principal dwelling must be excluded from the sixty percent (60%) calculation.
2. Bedrooms: Secondary dwellings are limited to a maximum of three (3) bedrooms. A bedroom includes enclosed conditioned spaces over seventy (70) square feet with a privacy door and separate means of egress.
3. Parking. Off street parking shall be provided as per section 8-4G-6 of this title in addition to the required off street parking for the principal dwelling.
4. Appearance. The secondary dwelling should be complementary with the principal permitted dwelling in that it:
a. Has a similar roof pitch; and
b. Has a compatible color scheme.
5. Facilities. The secondary dwelling shall have separate kitchen and bathroom facilities from the principal permitted dwelling.
6. Utilities: The secondary dwelling shall be provided with utilities which may be metered separately - including gas, electric, communications, water and sewer all subject to the approval of applicable utility companies and public agencies.
7. Entry: Secondary dwellings shall be provided with a primary point of ingress and egress separate from the principal dwelling.
8. Emergency Access: Secondary dwellings shall be provided with a separate address, a unique identifier, or other means to enable emergency service providers to identify and distinguish the dwelling unit from the principal dwelling. Adequate physical access for emergency services to both the principal and secondary dwellings shall be provided.
9. Foundation: Secondary dwellings shall be placed on a foundation.
D. Additional Standards for Detached Secondary Dwelling Units.
1. Location: A secondary dwelling shall not be located in the front yard unless the principal dwelling, and its address indicator can remain unobscured, and one or more of the following can be demonstrated:
a. The depth of the lot or parcel is two hundred fifty feet (250') or less; or
b. The configuration of the property and location of the principal dwelling would preclude the location of the secondary dwelling to meet the required back yard and/or side yard setbacks.
2. Outdoor Space. A minimum of 50 square feet of outdoor space like a porch, patio, or balcony shall be provided for the exclusive use of the residents of the dwelling. This square footage shall not count against the allowed square footage of the secondary dwelling.
E. Conversion of an existing structure.
1. An existing garage, basement or a detached accessory structure may be converted into a secondary dwelling, provided that the conversion or structure meets the standards of this section, except for the requirements of section 8-5-3-40.C.4.
2. If such conversion requires exterior work and/or an addition to the existing garage, basement, or detached accessory structure such exterior work and/or addition should be complementary to the existing building construction.
3. Such conversion shall comply with all applicable requirements of the Ada County building code, as set forth in title 7, chapter 2 of this code, any applicable plumbing or electrical code requirements, and any applicable off-street parking requirements for both the principal and secondary dwellings.
F. Deed Restriction. A recorded deed restriction is required ensuring compliance with the following requirements and shall be submitted prior to issuance of a certificate of occupancy or final building permit inspection.
1. Document Requirements: The deed restriction or covenant shall address the following topics:
a. The secondary dwelling shall not be sold or owned separately from the principal dwelling.
b. The secondary dwelling may be utilized as habitable space, only so long as either the principal dwelling or the secondary dwelling is occupied by at least one individual with ownership interest in the property.
c. In the event that a minimum of one (1) person having ownership interest in the property ceases to occupy a dwelling on the property, the secondary dwelling shall automatically become non-habitable space, shall not be used as a dwelling and shall not be rented or leased for any purpose.
d. The above restrictions shall be binding upon any successor in ownership of the property as long as the secondary dwelling exists on the property. (Ord. 389, 6-14-2000; amd. Ord. 715, 12-3-2008; amd. Ord. 902, 10-2-2019; Ord. 970, 3-13-2024)
8-5-3-41: DWELLING, SINGLE-FAMILY DETACHED:
Only one single-family detached dwelling shall be allowed per property. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-42: EXPLOSIVE MANUFACTURING OR STORAGE:
The following standards apply to explosive manufacturing or storage as a nonaccessory use. This section shall not apply to gasoline fueling stations or research and development facilities.
A. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
B. The facility shall be enclosed by an eight foot (8') high security fence or wall. Entrance and exit shall be through a gate that shall be locked during nonbusiness hours. See also section 8-5-3-44, "Fence; Barbed Wire, Electric Wire Or Other", of this chapter.
C. The application materials shall include written documentation from the appropriate fire authority approving the proposed location and plan specifications of the facilities.
D. The application materials shall include maps and engineering drawings showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within one-fourth (1/4) mile of the property. The applicant shall also furnish evidence that the dangerous characteristics of the particular process or activity in question have been or shall be eliminated or minimized sufficiently so as not to create a public nuisance or be detrimental to the public health, safety, or welfare.
E. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-43: FARM, GARDEN, LUMBER, OR BUILDING SUPPLY STORE:
Outdoor storage areas shall comply with section 8-5-3-78 of this chapter.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-44: FENCE; BARBED WIRE, ELECTRIC WIRE OR OTHER:
A. No sight-obscuring fence, hedge, wall, latticework, or screen shall violate the "clear vision triangle", as defined herein, requirements at a street intersection.
B. Barbed wire and electric wire fencing shall only be allowed on properties that meet one or more of the following standards:
1. The property is a "farm", as herein defined;
2. The property is in the RP, RR, or RUT base districts;
3. The property has a livestock confinement facility; or
4. The use of barbed wire and/or electric wire fencing was allowed as part of an approved use where the applicant proposed security fencing.
C. On properties one (1) acre in size or less and located within an area of city impact, no fence, wall, latticework, or screen shall be erected over three feet (3') in height within the required front yard plane.
D. No fence, wall, latticework, or screen on the perimeter boundary or within any required setback area shall exceed a height of six feet (6') above grade, unless approved by a variance by the board or as part of an approved use. Provided that a variance for fences, walls, latticework, or screens for a public facility shall not be required as long as the fence, wall, latticework, or screen does not exceed a height of twelve feet (12') above grade. Any fence, wall, latticework, or screen over six feet (6') in height shall also require a building permit with construction drawings prepared by a qualified and licensed engineer or architect.
E. Where any sight-obscuring fence, or wall, latticework, or screen is required by this title to protect adjacent properties, said fence, wall, latticework, or screen shall be kept free from advertising and graffiti and maintained in good repair.
F. Security fencing that is not associated with an agricultural use, public facility, or a livestock confinement facility shall only be used as the top section of the fencing and shall be a minimum of six feet (6') above grade. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-45: FLAMMABLE SUBSTANCE STORAGE:
The following standards apply to flammable substance storage as a nonaccessory use. This section shall not apply to gasoline fueling stations or research and development facilities.
A. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
B. The facility shall be enclosed by an eight foot (8') high security fence or wall. Entrance and exit shall be through a gate that shall be locked during nonbusiness hours. See also section 8-5-3-44 (fence; barbed wire, electric wire, or other) of this chapter.
C. The application materials shall include written documentation from the appropriate fire authority approving the proposed location and plan specifications of the facilities.
D. The application materials shall include maps and engineering drawings showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within one-fourth (1/4) mile of the property. The applicant shall also furnish evidence that the dangerous characteristics of the particular process or activity in question have been or shall be eliminated or minimized sufficiently so as not to create a public nuisance or be detrimental to the public health, safety, or welfare.
E. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-46: FOSTER HOME, GROUP:
A. Off-street parking shall be provided as per section 8-4G-6 of this title, in addition to the required off-street parking for the dwelling.
B. If the proposed group foster home results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the Ada County building code as set forth in title 7, chapter 2 of this code.
C. The applicant shall provide a minimum outdoor play area of one hundred (100) square feet per child. The director may waive the minimum play area requirement if there is a park that abuts the property that can be used by the children.
D. All outdoor play areas shall be completely enclosed by minimum six foot (6') barriers to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
E. The proposed use shall be properly located and designed to protect the health, safety, and welfare of the children.
F. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard.
G. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-47: FOUNDRY:
All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-48: FREIGHT OR TRUCK TERMINAL:
A. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed.
B. The use shall be located a minimum of three hundred feet (300') from any residential district and a minimum of one thousand feet (1,000') from any hospital.
C. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter.
D. Installation of underground fuel tanks shall require written approval from Idaho division of environmental quality, Idaho department of water resources, and the appropriate fire authority.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-49: FUEL CELL:
The use shall not be a "power facility" as defined herein. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)
8-5-3-50: GASOLINE, DIESEL OR ALTERNATIVE FUEL SALES FACILITY:
A. When allowed as an accessory use, gasoline, diesel or alternative fuel sales facilities shall not occupy more than twenty five percent (25%) of the subject property.
B. Installation of underground fuel tanks shall require written approval from Idaho division of environmental quality, Idaho department of water resources and the appropriate fire authority.
C. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
D. Structures and pump station canopies on corner properties shall observe a minimum setback of thirty five feet (35') from any public street. There shall be a minimum setback of twenty five feet (25') from any residential district.
E. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20').
F. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any residential district.
G. All trash, waste materials, and obsolete automobile parts shall be stored within a separate enclosure behind the principal structure of the gasoline, diesel or alternative fuel sales facility. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)
8-5-3-51: GOLF COURSE AND COUNTRY CLUB:
A. To be eligible for an accessory country club and/or sale of alcoholic beverages, the golf course shall be a bona fide golf course as defined by Idaho Code section 23-903.
B. Accessory sales and rental of golf equipment shall be allowed.
C. The golf driving range shall be designed to protect abutting property and roadways from golf balls. See section 8-5-3-9 of this chapter for nonaccessory driving ranges.
D. All other accessory structures to the golf course shall not be located within one hundred feet (100') of an abutting property within a residential district. No outdoor recreation area associated with the country club shall be located within fifty feet (50') of any property line. If an outdoor swimming pool is proposed on site, the pool shall be enclosed with a six foot (6') barrier that meets the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
E. Any outdoor speaker system associated with the golf course or country club shall comply with the noise regulations of section 5-13-3 of this code.
F. For reasons of public health, safety and welfare, an accessory country club or clubhouse shall only be allowed as long as the subject property is within a fire district.
G. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter.
(Ord. 389, 6-14-2000; amd. Ord. 620, 5-24-2006; amd. Ord. 902, 10-2-2019)
8-5-3-52: GRAIN ELEVATOR:
The applicant shall provide written documentation that the design and location of the grain elevator have been approved by the appropriate fire authority.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-53: HEAVY EQUIPMENT SALES OR SERVICE:
A. All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure.
B. Outdoor storage of accessories, replacement parts, or discarded parts shall comply with section 8-5-3-78 of this chapter.
C. Inoperable or dismantled equipment shall be stored behind a sight obscuring fence, wall or screen or within an enclosed structure, and shall not be visible from any street or private road.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-54: HOME OCCUPATION:
A. Standards For All Home Occupations:
1. The home occupation shall not cause the property to differ from its rural or residential character in appearance, or in the emission of noise, dust, fumes, odors, vibrations, or electrical interference.
2. No more than twenty five percent (25%) or one thousand feet (1,000') (whichever is less) of the total floor area of the principal permitted dwelling shall be devoted to the home occupation or for storing goods or vehicles associated with the home occupation. Total floor area shall include both habitable and noninhabitable space.
3. The structure in which the home occupation is located must have a valid building permit and/or zoning approval. The home occupation and associated storage shall not occupy any space required for off street parking for the principal permitted dwelling.
4. No outdoor storage or outdoor loading shall be allowed, except that one work trailer, work vehicle or commercial vehicle may park on the property.
5. No home occupation shall discharge any hazardous material into any sewer, drainageway or the ground.
6. The following occupations are prohibited as home occupations: service, repair or painting of any vehicle; commercial kennel; adult entertainment; commercial composting; sale, repackaging or use of hazardous materials; or use not consistent with the applicable base district purpose statement.
7. Contractor's yard or shop is not a home occupation. Contractor's yard or shop is regulated by specific use standards in this chapter.
8. Daycare is not a home occupation. Daycare is regulated by specific use standards found in this chapter.
9. One home sign is allowed, and shall comply with chapter 4, article I of this title. Off premises or off site signage must be separately approved in accordance with chapter 4, article I of this title.
10. No processing of soil or rock shall be allowed.
11. Storage or use of hazardous materials, odor causing materials, or other materials that may cause a nuisance or health or safety problems is prohibited.
12. For the duration of an approved zoning certificate or accessory use permit, the home occupation shall be subject to zoning inspection upon advanced notice and request by the Ada County development services department. If a permit holder refuses to allow inspection of the premises by the department, the approved zoning certificate or accessory use permit may be revoked.
13. Home occupations shall comply with all applicable state and federal regulations.
14. In addition to the requirements set forth on the applicable application forms of the department, home occupation applications shall include the following:
a. A site plan drawn to scale, depicting the total square footage and location of all existing and proposed structures located within the property boundaries of the subject property.
b. A graphical depiction, such as a floor plan, showing the separation of home occupation space from residential and/or accessory use space.
c. A detailed letter indicating:
(1) The square footage of the proposed area of the home occupation;
(2) The number of employees who do not live on site;
(3) If retail sales are planned;
(4) The hours and days of operation;
(5) If group instruction is planned, the number of students at any one time;
(6) The number of off street parking spaces;
(7) The number of commercial vehicles;
(8) The frequency of pick ups, deliveries and visits by patrons; and
(9) Any other information relative to the description of the proposed home occupation.
B. Standards For Small Home Occupations:
1. A zoning certificate is required. The resident owner of the home occupation shall continuously comply with the restrictions in this section and the specific use standards found in this chapter.
2. A building permit may be required for the change in use or occupancy of any portion of the principal permitted dwelling, greenhouse, garage, or accessory structure used for the home occupation.
3. The home occupation shall be conducted solely by the residents of the principal permitted dwelling. No employees are allowed.
4. No client, customer, and/or student visits shall be allowed.
5. The property shall have no more vehicle trips per day than average for a residence.
6. The home occupation shall not receive more than two (2) pick ups or deliveries per day.
C. Standards For Large Home Occupations:
1. Administrative approval is required. The owner of the home occupation shall continuously comply with the restrictions in this section and the specific use standards found in this chapter.
2. A building permit may be required for the change in use or occupancy of any portion of the principal permitted dwelling, greenhouse, garage, or accessory structure used for the home occupation.
3. The home occupation shall be conducted by the inhabitants of the principal permitted dwelling, and no more than one nonresident employee shall be permitted to work on site.
4. All visits by the nonresident employee, clients and customers, and deliveries, shall occur between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and between the hours of ten o'clock (10:00) A.M. and six o'clock (26:00) P.M. on Saturday and Sunday.
5. Group instruction shall be limited to no more than five (5) students at one time with a maximum of two (2) classes per day.
6. The use of an outdoor swimming pool for swimming instruction shall be provided with a barrier which meets the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
7. One paved, off street parking space shall be provided for the nonresident employee, plus up to three (3) parking spaces for clients, if applicable, and shall be improved as per section 8-4G-6 of this title, in addition to the required off street parking for the dwelling. No overnight parking of client or employee vehicles shall be allowed on site. On site parking may be reduced by the number of off street parking spaces in the driveway and by on street parallel parking spaces in front of the single-family detached dwelling, if applicable.
8. The property shall have no more than twenty (20) additional vehicular trips per day of home occupation traffic.
9. Large home occupations, involving on site visits by clients, customers, and/or students shall not be allowed on private roads unless one of the following can be demonstrated:
a. The private road does not provide access or frontage to any other property; or
b. An existing or updated recorded maintenance/easement agreement addresses and permits nonresidential use of the private road. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 692, 4-23-2008; amd. Ord. 731, 7-29-2009; amd. Ord. 902, 10-2-2019)
8-5-3-55: HOSPITAL:
A. The use shall have frontage on an arterial street.
B. Accessory retail uses including, but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve patrons of the hospital and their visitors only.
C. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
D. No hospital shall be located within one thousand feet (1,000') of the following uses: explosive manufacturing or storage, livestock confinement facility with three hundred one (301) or more animal units, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, centralized power facility, processing plant for agricultural and dairy products, slaughterhouse, soil or water remediation, or tannery.
(Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)
8-5-3-56: HOTEL OR MOTEL:
A. No structure or driveway shall be located within one hundred feet (100') of a property line abutting a residential district.
B. Accessory retail uses including, but not limited to, restaurants, retail shops, food or beverage service, and personal service shops, may be allowed if such facilities are completely within the hotel or motel structure. A bar or nightclub shall require separate or concurrent approval subject to the regulations of this title.
C. No outdoor recreation area associated with the hotel or motel shall be within one hundred feet (100') of a residential district. If an outdoor swimming pool is proposed on site, the pool shall be enclosed with a six foot (6') barrier that meets the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-57: JUNKYARD OR AUTOMOBILE WRECKING YARD:
A. Screening:
1. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter. The fence or wall and screening materials shall be a minimum of ten feet (10') in height.
2. No portion of the junkyard or automobile wrecking yard outdoor storage areas and/or outdoor activity areas may be visible from any "highway", "interstate", "principal arterial", or "minor arterial" as herein defined.
3. All materials or parts shall be stored and located within the fenced or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall.
B. Site Related Standards:
1. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district.
2. The master site plan shall designate an area for processing vehicles as they are brought to the site. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles.
3. The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires.
4. No person shall establish, operate, or maintain a junkyard or automobile wrecking yard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right of way and visible from any "highway", "interstate", "principal arterial", or "minor arterial" as herein defined. See Idaho Code section 40-313.
5. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
6. The applicant shall submit review comments from the Boise regional office of the Idaho division of environmental quality with the conditional use permit application. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-58: KENNEL, COMMERCIAL:
A. The owner and/or operator shall have an obligation to comply with all county and state regulations relative to the operation of the commercial kennel.
B. The owner and/or operator shall maintain sanitary practices so as not to create a public nuisance and to reduce noise and odor.
C. If applicable, the facility shall meet the specific use standards for animal boarding with outside runs in section 8-5-3-10 of this chapter. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-59: KENNEL, HOBBY:
A. A maximum of ten (10) dogs shall be allowed as a hobby kennel. For the purposes of this section, a litter of puppies together with the mother, shall count as one dog until the litter reaches six (6) months of age. Each puppy over six (6) months of age shall be counted as one dog.
C. Facilities in which dogs are housed and the designated location for feeding and watering shall be in the rear yard and a minimum of fifty feet (50') from any property line. In residential districts and properties under 2.5 acres in the rural base districts, all dogs shall be housed indoors during the night.
D. The dogs shall be physically restrained from running at large. In residential districts, visual screening shall be required to buffer adjacent land uses.
E. No commercial dog boarding shall be allowed.
F. The owner shall have a continuing obligation to maintain adequate housekeeping and sanitation practices designed to prevent the creation of a public nuisance and to reduce to a minimum the factors of noise and odor.
G. If located within airport influence area B-1, B, or C, the dogs shall not spend more than two (2) hours each day outside a soundproofed structure as set forth in chapter 3, article A of this title. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-60: LAUNDROMAT:
If abutting a residential district, the hours of operation shall be seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-61: LAUNDRY OR LINEN SUPPLY:
There are no additional standards for this specific use. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-62: LIVESTOCK CONFINEMENT FACILITY:
A. Definitions: For the purposes of this section, the following definitions shall apply:
1. The term "existing facility" shall apply to any livestock confinement facility that was legally in existence prior to the effective date of this title.
2. The term "existing development" shall refer to uses and activities that are nonagricultural or nonindustrial in nature including, but not limited to: dwelling on a property less than ten (10) acres in size and that is under construction, occupied, or listed for rent or sale; amusement or recreation facility; outdoor auction establishment; bed and breakfast establishment; boarding house; children's treatment facility; campground; church; club or lodge or social hall; daycare facility; drug and alcohol treatment facility; golf course; skilled nursing facility; racetrack; residential care facility; and/or school. However, the term shall not include dwellings and/or establishments associated with the AFO operation.
3. For information on "grandfather rights" for existing uses, see chapter 1, article B, "Nonconforming Property, Use, Or Structure", of this title.
B. Applicability:
1. A new livestock confinement facility or expansion of an existing facility that has three hundred (300) animal units or fewer shall not require Master Site Plan approval.
2. A new livestock confinement facility or expansion of an existing facility that will have more than three hundred (300) animal units shall be deemed an animal feeding operation (AFO) and shall require Master Site Plan approval.
3. A new AFO or expansion of an existing AFO that will have more than one thousand (1,000) animal units shall require conditional use approval.
4. Existing facilities with more than two hundred thirty (230) animal units shall have the option to register their facility with the Ada County Development Services Department by one year after the effective date of this title. The purpose of the registration is to establish the property boundaries and the operating capacity of the livestock confinement facility. Operating capacity shall be either the historic maximum animal units or the maximum design capacity (in animal units) of the facility, whichever number is greater. Existing facilities that register shall be allowed up to a thirty percent (30%) increase in the registered operating capacity without Master Site Plan or conditional use approval.
5. Aquaculture AFOs are exempt from the regulations in this section, except for manure storage setback as set forth in table 8-5-1 of this section.
C. Standards: Livestock confinement facilities shall be located within an RP, RR, RUT, RSW, R1, R1M, R2, R4, R6, R8, or R8M Base District.
D. Additional Standards For AFOs: In addition to the livestock facility standards of subsection C of this section, the following standards shall apply:
1. Compliance: The AFO must comply with and not be in violation of any Federal, State, or local law including, but not limited to, all applicable State of Idaho Department of Agriculture, State of Idaho Department of Environmental Quality, State of Idaho Department of Water Resources, and/or Central District Health Department regulations and specifications.
2. Lighting: All proposed lighting shall comply with the provisions of chapter 4, article H of this title.
3. Siting Standards: For expansions of existing facilities that require Master Site Plan or conditional use approval, the location standards shall only apply to proposed expansions.
a. Lagoons and manure storage shall not be located within a Flood Hazard Overlay District.
b. All lagoons and manure storage areas shall maintain a minimum separation distance, as set forth in table 8-5-1 of this section.
Use | Setback (In Feet) |
Use | Setback (In Feet) |
Another AFO lagoon or manure storage area where existing development is within either AFO sphere of influence | 2,500 |
Another AFO lagoon or manure storage area where there is no existing development within either AFO sphere of influence | 1,250 |
Existing development outside an area of city impact | 1,000 |
Existing development inside an area of city impact | 2,500 |
Public water intakes1 | 300 |
Domestic well2 | 300 |
Streets and roadways | 200 |
Property lines not fronting a street or roadway | 300 |
Notes:
1. Public water intakes shall include, but not be limited to, wells, springs, lakes, and/or streams used as a potable water source.
2. This does not include any domestic well of the AFO owner and/or operator.
c. Silage, haylage, potatoes, or any feed product resulting from the ensilage process shall be stored no closer than three hundred feet (300') from any property line.
d. Each existing facility with three hundred (300) or more animal units and each proposed AFO shall have a one mile radius sphere of influence from the lagoons and/or manure storage areas. The sphere of influence of a proposed AFO may overlap the sphere of another AFO if no existing development is within more than two (2) AFO spheres of influence.
E. Alternative Design: The Director may approve, or recommend approval of, alternative site development when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and shall not be detrimental to the public health, safety, and welfare.
(Ord. 389, 6-14-2000; amd. Ord. 801, 9-12-2012; amd. Ord. 880, 3-14-2018; amd. Ord. 902, 10-2-2019)
8-5-3-63: MANUFACTURE OF ELECTRONIC OR ELECTRICAL PRODUCTS:
There are no additional standards for this specific use. See Boise Air Terminal Airport Influence Areas Overlay District, chapter 3, article A of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-64: MANUFACTURE OR PROCESSING OF HAZARDOUS CHEMICALS OR GASES:
The following standards shall apply to the manufacture or processing of hazardous chemicals or gases as a principal permitted use. The standards shall not apply to research and development facilities.
A. All structures shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
B. All hazardous chemicals or gases shall be stored and/or used within an enclosed structure.
C. The facility shall be enclosed by a minimum eight foot (8') high security fence or wall. Entrance and exit shall be through a gate that shall be locked during nonbusiness hours 1 .
D. The application materials shall include written documentation from the appropriate fire authority approving the proposed location and plan specifications of the facilities.
E. The application materials shall include maps and engineering drawings showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within one-fourth (1/4) mile of the property. The applicant shall also furnish evidence that the dangerous characteristics of the particular process or activity in question have been, or shall be, eliminated or minimized sufficiently so as not to create a public nuisance or be detrimental to the public health, safety, or welfare.
F. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-65: MANUFACTURED HOME:
A "manufactured home", as herein defined, is a principal permitted use in the rural districts and in the R1M and R8M districts. A manufactured home shall meet the standards of a manufactured home, not the standards for a single-family dwelling as herein defined. Unless otherwise provided for in this title, only one manufactured home shall be allowed per property.
(Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-66: MANUFACTURED HOME PARK:
A. Definitions: For the purposes of this section, the following definitions shall apply:
COMMON PLAY AREA: Shall refer to the play area required in subsection F3 of this section. The term common play area shall not refer to the outdoor living area required in subsection D4 of this section.
DRIVE: A privately owned roadway that provides internal circulation for vehicles within the manufactured home park and/or access to manufactured home spaces within the manufactured home park.
MANUFACTURED HOME SPACE: Shall refer to the area that is for lease or rent as a site to place a manufactured home, including the required outdoor living area. The manufactured home space shall be delineated on an approved master site plan for a manufactured home park.
SERVICE AREA: Shall refer to areas necessary for the management of the manufactured home park. Such areas may include, but shall not be limited to: storage and collection areas for trash and garbage, loading and unloading areas other than passenger vehicles, and outdoor storage areas.
B. Density: The maximum density of a manufactured home park shall not exceed the maximum density of the corresponding base district.
C. Use Standards:
1. Accessory uses shall be in conformance with the accessory uses of the corresponding base district.
2. A single-family detached dwelling or a manufactured home may be allowed for the sole use of a caretaker.
3. A recreational center and clubhouse may be allowed for the use of park residents.
4. Manufactured home parks shall accommodate only manufactured homes – not vacation trailers or other recreational vehicles except when stored within a designated storage area. A manufactured home shall not remain overnight in a manufactured home park unless it is parked in a manufactured home space. Not more than one manufactured home shall be parked at one time in a manufactured home space.
5. Manufactured home parks approved subject to the regulations of this section may be expanded or altered after approval is obtained from the decision making body. The application, filed by the owner or other party in interest, shall be filed and processed in the same manner as an application for a new manufactured home park.
D. Manufactured Home Space Design Standards:
1. No manufactured home space shall contain less than two thousand (2,000) square feet. The gross average areas of all spaces in the park shall not be less than three thousand (3,000) square feet. No drives, common play area, or service area shall be considered as providing any part of the required manufactured home space.
2. No manufactured home space shall be less than thirty feet (30') in width and/or depth.
3. The boundaries of each manufactured home space shall have an approved fence, wall, planting, or other permanent marker defining the perimeter of the space.
4. An outdoor living area shall be provided in each manufactured home space. Such outdoor living area shall be a minimum of ten percent (10%) of the individual space, but in no case shall such area be less than three hundred (300) square feet nor required to be more than five hundred (500) square feet. The minimum dimension of such area shall not be less than fifteen feet (15').
E. Drives: Drives shall comply with the following standards and are subject to plan review, field inspection, and approval by the county engineer:
1. The following construction standards apply to all drives in manufactured home parks:
a. A minimum of one drive shall originate at a public street and terminate at a public street. This standard is not intended to require two (2) access points to the manufactured home park.
b. Drives shall have rolled concrete curb and gutter sections along both sides of the drive and extending the length of the drive.
c. Drives shall be a minimum of thirty feet (30') wide from back of curb to back of curb. The entire width of the drive shall be improved.
d. Drive shall have a crown or transverse slope a minimum of two percent (2%) to drain water away from the travelway and shall be disposed of in a manner that protects life and property.
e. The improved surface shall include 2.5 inches of asphalt plant mix paving on top of the base course of six inches (6") of three-fourths inch (3/4") minus crushed gravel or other materials approved by the county engineers over a stable compacted subbase. As an alternative to asphalt plant mix, concrete shall be allowed with the approval of the county engineer.
f. Bridge and culvert crossings shall be designed for a minimum H-16 loading.
g. The maximum allowable grade shall be ten percent (10%) slope.
h. The minimum center line curve radius shall be fifty feet (50').
i. The minimum curb radius at intersections shall be twenty feet (20').
2. The county engineer may approve, or recommend approval of, alternative drive designs when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article and shall not be detrimental to public health, safety, and welfare.
3. Sidewalks shall be constructed along one side of the drive and constructed to the standards for local streets in the most current edition of the development policy manual as adopted by the Ada County highway district.
F. Park Design Standards:
1. Two (2) off-street parking spaces shall be provided for each manufactured home space. All off-street parking shall be improved to the same standards as drives as noted in subsection E of this section. Parking areas for accessory uses shall be paved in a like manner. For the purposes of this section, off-street parking spaces shall mean off-drive parking spaces.
2. Outdoor lighting shall be provided to illuminate drives and sidewalks. Lighting shall be subject to the regulations of chapter 4, article H of this title.
3. Manufactured home parks that accommodate children less than fourteen (14) years of age shall provide a common play area restricted to that use. Parks that qualify as housing for older persons subject to the federal fair housing act are exempt from this regulation.
a. A minimum of one hundred (100) square feet of common play area shall be provided per manufactured home space; provided, however, that no such common play area, regardless of the number of manufactured home spaces, shall be less than two thousand five hundred (2,500) square feet.
b. The common play area shall be protected from all streets, drives, driveways, and parking areas by a minimum thirty six inch (36") barrier. The fencing material shall meet the swimming pool barrier requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
4. All manufactured home parks shall comply with the Americans with disabilities act accessibility guidelines.
5. Manufactured home parks shall provide a side and rear yard of a minimum of twenty feet (20').
a. Where the neighboring property is in a residential base district, such yard may be used for open space but shall not contain carports, storage structures, or any other structures.
b. Where the neighboring property is in a rural, commercial, or industrial base district such yard may be used for open space, group or individual parking, recreational facilities, carports, or storage structures.
G. Screening: The following standards shall be in addition to the landscaping and screening standards in chapter 4, article F of this title.
1. Along the perimeter of the manufactured home park, fences, walls, and/or vegetative screening shall be provided to screen off-street parking areas with more than five (5) spaces and service areas.
2. Fences, walls, and/or vegetative screening along the perimeter of the manufactured home park shall be provided to protect park residents from undesirable views, lighting, noise, or other off- site influences, or to protect occupants of neighboring residential districts from potential adverse influences within the manufactured home park including, but not limited to, undesirable views, lighting, and/or noise.
3. Off-street parking areas with five (5) or more parking spaces and service areas shall be screened from view of park residents.
H. Manufactured Home Placement Standards:
1. Carports, cabanas, awnings, and all other structures, whether herein defined or not, that are attached to the manufactured home shall be considered as a portion of the manufactured home. Such additions and structures shall conform to the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
2. Trailer hitches shall not project beyond the manufactured home space.
3. The minimum distance between a manufactured home (exclusive of trailer hitches) and:
a. Any other manufactured home shall be ten feet (10').
b. Any structure shall be ten feet (10').
c. Any property line (excluding manufactured home space boundaries), shall be equal to or greater than the required setback for the base district.
d. Any public street shall be equal to the required setback for the base district.
e. Any common drive or walkway shall be five feet (5').
4. Not more than sixty percent (60%) of a manufactured home space may be occupied by a manufactured home and any other accessory structures.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-67: MANUFACTURED HOME STORAGE:
A. Manufactured homes shall not be stored within the required yards. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter.
B. The site shall not be used as a "junkyard" or "automobile wrecking yard" as herein defined.
C. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-68: MANUFACTURED HOME SUBDIVISION OR PARK IN A MANUFACTURED HOME DISTRICT (R1M, R8M):
A. Where an M district boundary abuts any district without an M designation that does not have an intervening street, alley, or other permanent open space a minimum of twenty feet (20') in width, a yard of twenty feet (20') in minimum dimension shall be provided.
1. Where the neighboring district is residential, such yard may be used for open space but shall not contain carports, storage structures, or any other structures.
2. Where the neighboring district is rural, commercial, or industrial, such yard may be used for open space, group or individual parking, recreational facilities, carports, or storage structures.
B. Along the perimeter of an M district, fences, walls, and/or vegetative screening shall be provided to screen off-street parking areas with more than five (5) spaces and service areas.
C. Subdivision of property within an M district shall be approved by the board subject to the regulations of chapter 6 of this title.
D. Manufactured home parks shall meet the standards listed in section 8-5-3-66 of this chapter. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-69: MEATPACKING FACILITY:
A. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
B. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the environmental protection agency, the U.S. department of agriculture, central district health department, and Idaho department of water resources. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-70: MORTUARY:
A mortuary may be allowed as an accessory use to a cemetery when located within a fire district and/or when fire flow is available. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-71: MULTI-FAMILY DEVELOPMENT:
A. The minimum roadway frontage shall be fifty feet (50') for multi-family developments in the R12 and R20 districts.
B. The minimum dedicated open space requirement shall be thirty percent (30%) for multi-family developments in the R12 and R20 districts.
C. Dedicated open space shall abut multi-family development within a planned unit development.
D. Multi-family site development shall comply with the design standards specified in section 8-4E-4 of this title.
E. The applicant may request an indoor amusement or recreation facility as an accessory use to the multi-family development.
(Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 902, 10-2-2019)
8-5-3-72: NURSERY, WHOLESALE OR RETAIL:
A. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of a property line. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible.
B. Outdoor storage areas for materials shall comply with section 8-5-3-78 of this chapter. The following nursery materials shall be exempt from this requirement:
1. Growing plants in ground or in containers; and
2. Wood chips, bark, rock, gravel, or similar ground cover material where such storage piles do not exceed six feet (6') in height.
C. Any outdoor speaker system associated with the nursery shall comply with the noise regulations of section 5-13-3 of this code.
D. The application of fertilizer or process wastewater at agronomic rates shall be deemed a component of the nursery use.
E. Additional standards for wholesale and/or retail nursery within a residential district or adjoining a residential district:
1. All proposed lighting shall comply with the provisions of chapter 4, article H of this title.
2. Any storage area for material in the process of being converted into compost shall be located a minimum of one hundred feet (100') from any property line.
3. No aerial spraying of the property shall be allowed.
F. Retail nurseries in the RUT (rural-urban transition) district shall also comply with the following:
1. The total amount of enclosed retail space shall not exceed five thousand (5,000) square feet. Greenhouses (as defined by this title) shall not be considered retail space.
2. The property shall have frontage to an arterial street.
(Ord. 389, 6-14-2000; amd. Ord. 518, 10-8-2003; amd. Ord. 902, 10-2-2019)
8-5-3-73: NURSING FACILITY, SKILLED:
A. The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare facility standards division.
B. Accessory retail uses including, but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve residents only.
C. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-74: OFFICE BUILDING:
No additional standards are required for this specific use.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-75: OFFICE, RELATING TO AN APPROVED USE:
An accessory office shall be allowed for an approved use. The office shall not occupy more than twenty five percent (25%) of the gross floor area of the approved use. If the approved primary use is not located in a structure, the office structure shall not occupy more than five percent (5%) of the property area on which the primary use is located or five thousand (5,000) square feet, whichever is less.
(Ord. 389, 6-14-2000; amd. Ord. 743, 2-10-2010; amd. Ord. 902, 10-2-2019)
8-5-3-76: OFFICE, TEMPORARY CONSTRUCTION:
Any offices or accessory structures shall be removed from the property within thirty (30) days of completion of the construction project.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-77: OFF STREET PARKING FACILITY:
Ground level parking areas (i.e., not in parking structures) shall be subject to the landscape and screening requirements in section 8-4F-7 of this title. (Ord. 389, 6-14-
2000; amd. Ord. 902, 10-2-2019)
8-5-3-78: OUTDOOR STORAGE AREA, FOR AN APPROVED USE:
1. All outdoor storage areas shall be completely fenced and screened from public view. The fencing shall be at least six feet (6'), but not greater than ten feet (10') in height. One side of the outdoor storage may be left unenclosed, provided that the materials stored in the area shall not be visible from a public roadway or an abutting property.
2. Cyclone or chainlink fencing (with or without slats) shall not be deemed a screening material.
3. The landscaping plan shall incorporate vegetative materials along the length of the screening to soften the appearance of such features.
B. Prohibited Locations: Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.
C. Use Of Site: The site shall not be used as a "pit, mine, or quarry" or "contractor's yard" as herein defined unless such use has been approved.
D. Prohibited Uses: The site shall not be used as a "junkyard", "automobile wrecking yard", or vehicle impound yard as herein defined.
E. Compliance: The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
F. Additional Standards For Outdoor Storage As An Accessory Use: Accessory outdoor storage shall be allowed for approved uses subject to the following standards:
1. The location of the outdoor storage area shall be noted on the master site plan and reviewed as part of that application.
2. Storage areas shall not be rented, leased, let, or otherwise used as a commercial business.
3. Outdoor storage for commercial or industrial uses shall be limited to those items owned or used by the business.
4. Outdoor storage for a multi-family development, recreational vehicle park, or manufactured home park, shall be only for recreational vehicles or personal recreation items of the tenants. (Ord. 389, 6-14-2000; amd. Ord. 743, 2-10-2010; amd. Ord. 902, 10-2-2019)
8-5-3-79: PACKAGE AND LETTER DELIVERY SERVICE:
A. No structure, facility, drive lane, parking area, nor loading area shall be located within twenty feet (20') of a residential district unless a six foot (6') sound reduction wall is provided.
B. If abutting a residential district, the facility hours of public operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
C. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-80: PERSONAL, BUSINESS, OR PROFESSIONAL SERVICE:
No additional standards are required for this specific use. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-81: PIT, MINE, OR QUARRY:
A pit, mine, or quarry that meets the standards of subsection C of this section shall be reviewed as a temporary use. Any other pit, mine, or quarry shall be reviewed as a conditional use.
A. General Use Standards:
1. All operations shall be subject to accepted safety conditions for the type of excavation being performed.
2. Asphalt mixing and concrete batching may only be allowed as accessory uses to a pit, mine, or quarry in an industrial or rural district. See standards in section 8-5-3-12 of this chapter.
3. Extraction, movement, or stockpiling within the required yards shall be prohibited. The tops and toes of cut and fill slopes shall remain outside the required yards.
4. Areas where equipment is stored shall be deemed outdoor storage areas and shall meet the standards of section 8-5-3-78 of this chapter. Such storage areas shall be constructed and maintained to prevent chemicals from discharging into surface or ground waters. Such chemicals shall include, but not be limited to, petroleum products, antifreeze, and lubricants.
5. The extraction area shall be watered daily to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface, and shall be graded to drain all surface water from the haul roads.
6. The pit, mine, or quarry shall comply with the regulations of chapter 3, article F of this title, if applicable.
7. For any pit, mine, or quarry requiring an administrative or conditional use approval, the director shall notify all property owners within one thousand feet (1,000') of any property boundary of the proposed site and any additional area that may be substantially impacted by the use, as determined by the director.
8. In accord with title 5, chapter 2 of this code, the storage and/or disposal of solid waste on the proposed site shall be prohibited.
9. Upon reclamation of the final phase, all temporary structures shall be removed from the property, except for property line fences or walls. Any contaminated soils shall be properly recycled or disposed.
B. General Design And Reclamation Standards:
1. The applicant shall provide documentation (from the appropriate agency) that the proposed pit, mine, or quarry operation and reclamation plan comply with federal and state regulations in regard to air and water quality and site reclamation.
2. For a pit, mine, or quarry where the excavation area results in a pond, the following standards shall apply:
a. The extraction areas shall be designed to create a meandering edge.
b. The applicant shall provide written documentation from Idaho fish and game that the proposed pond is designed to create viable fish and/or wildlife habitat.
c. The applicant shall provide documentation from Central District health department that the proposed pond shall not cause septic leach fields on abutting properties to fail.
d. For the purposes of this section, a "pond" shall be defined as any pit, mine, or quarry area where the rehabilitation plan results in an area that contains water to within six feet (6') of the surface year round.
3. Any riparian vegetation disturbed as part of the operation shall be replaced at a ratio of two to one (2:1). Replacement vegetation shall be native plant materials and shall meet the requirements of table 8-4F-1, "Minimum Plant Size Standards", of this title.
4. The applicant or owner shall comply with all requirements of "Best Management Practices For Mining In Idaho", published by the Idaho department of lands.
C. Standards For Temporary Use Approval:
1. The property has not received previous approval for a pit, mine, or quarry as a temporary use.
2. The maximum area of the extraction site shall be six (6) acres.
3. The proposed extraction activities shall be completed within five (5) years.
4. The pit, mine, or quarry shall meet the standards in subsections A and B of this section.
5. Stockpiles shall be a maximum of fifteen feet (15') in height.
6. All extraction and hauling activities shall take place between seven o'clock (7:00) A.M. and dusk or six o'clock (6:00) P.M. (whichever is earlier) Monday through Friday.
7. Haul roads shall not pass through existing residential neighborhoods. For the purpose of this subsection C, the term "residential neighborhood" shall be any residential subdivision development at a density of one or more units per acre. This standard shall not apply to a pit, mine, or quarry that is located in R1, R1M, R2, R4, R6, R8, R8M, R12, or R20 base district.
8. Additional standards for a pit, mine, or quarry located in an R1, R1M, R2, R4, R6, R8, R8M, R12, or R20 base district:
a. The maximum extraction area shall be limited to the equivalent of the maximum allowed coverage (see section 8-2B-4 of this title).
b. Stockpiles shall be a maximum of six feet (6') in height.
c. No rock crushing shall be done on site.
d. The proposed extraction activities shall be completed within one year.
D. Standards For Conditional Use Approval:
1. The pit, mine, or quarry shall meet the standards in subsections A and B of this section.
2. The approved site plan shall include adequate parking and loading areas to accommodate the peak number of vehicles. Such areas shall not be within the required yards.
3. Rock crushing may be allowed as an accessory use.
4. The applicant shall show the extraction and reclamation phasing plan on the master site plan.
5. The reclamation plan for each phase shall be implemented as soon as the subject area is depleted of resources 1 or when the allowed time has ended (whichever occurs first).
6. The conditional use approval shall consider and/or establish a time frame for the extraction of material. For any proposal where the applicant requests an extraction period greater than five (5) years, the commission shall review the status of the pit, mine, or quarry after 2.5 years and consider amendments or additions to the approval. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001
; amd. Ord. 902, 10-2-2019)
8-5-3-82: PORTABLE CLASSROOM:
Portable classrooms that are not indicated on an approved conditional use shall require administrative approval. If the proposed use cannot meet all of the following specific use standards, the use shall require conditional use approval:
A. A school site shall be allowed a maximum of three (3) portable classrooms as an accessory use.
B. The portable classroom shall not be located in the front yard of the principal school structure.
C. The portable classroom shall not be located in any required yard.
D. The placement of the portable classroom shall not reduce the number of required off street parking spaces.
E. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-83: POWER FACILITY, CENTRALIZED POWER FACILITY, DISTRIBUTED POWER FACILITY, ELECTRIC DISTRIBUTION LINE, ELECTRIC SUBTRANSMISSION LINE, AND ELECTRIC TRANSMISSION LINE AND SUBSTATIONS:
A. General Standards:
1. Electric Distribution Line:
a. Electric distribution line shall be a principal permitted use. Master site plan approval shall not be required.
b. Electric distribution line rights of way shall be exempt from the landscaping regulations of chapter 4, article F of this title.
c. Electric distribution line shall comply with section 8-4A-20 of this title.
2. Electric Subtransmission Line:
a. Electric subtransmission line shall be a principal permitted use. Master site plan approval shall be required. A parking plan is not required with the master site plan application unless a parking area is proposed with the subtransmission line.
b. Electric subtransmission line rights of way shall be exempt from the landscaping regulations of chapter 4, article F of this title.
c. Electric subtransmission line shall comply with section 8-4A-20 of this title.
3. Electric Transmission Line And Substation:
a. Electric transmission line and substations shall require conditional use approval.
b. All electric transmission line rights of way shall be exempt from the landscaping regulations of chapter 4, article F of this title.
c. Electric substations and other utility structures shall be deemed outdoor storage areas and shall meet the standards in section 8-5-3-78 of this chapter.
d. Towers for the purpose of communicating from the substation to remote devices shall be deemed an accessory use to an approved substation, provided that the pole and antenna are no taller than the existing towers.
e. Electric transmission line and substations shall comply with section 8-4A-20 of this title.
4. Centralized Or Distributed Power Facilities:
a. No power facility shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator.
b. The power facility shall comply with section 8-4A-21 of this title.
c. The power facility shall comply with all local, state, and federal regulations.
d. Installation of an anemometer or similar devices shall be reviewed as a temporary use. See chapter 4, article L of this title for governing regulations.
B. Specific Standards Applicable To Centralized Power Facilities:
1. Standards Applicable To All Centralized Power Facilities:
a. The minimum property size shall be forty (40) acres.
b. The centralized power facility shall not be located within an area of city impact.
c. The applicant may be required to obtain approval from the appropriate agency, including, but not limited to, the following: federal energy regulatory commission, federal aviation administration, national guard, Mountain Home military base, Idaho bureau of aeronautics, Boise Airport director, IPUC, Idaho Power Company compliance, Idaho fish and game, U.S. department of fish and wildlife, Idaho department of water resources, IDEQ, Ada County emergency communications division, Idaho bureau of homeland security public safety communications, and the appropriate fire authority as a condition of approval.
d. The master site plan for the proposed centralized power facility shall include a map of the proposed transmission line corridors and any proposed or existing substations, if any.
2. Additional Standards For Certain Centralized Power Facilities:
a. Biomass Facility:
(1) The applicant shall identify the specific location and type of all fuel sources for the biomass facility, and the method of gathering and delivering the fuel to the site.
(2) Mass burn facilities shall not use waste containing hazardous materials as a fuel source.
b. Hydroelectric Facility:
(1) Major earthwork associated with construction and maintenance shall be scheduled to minimize soil disturbance between December 1 and April 15.
(2) Any removal of riparian vegetation along watercourses shall be replaced at a ratio of two to one (2:1).
(3) A master site plan approval is not required for a hydroelectric facility, relating to a seasonal irrigation canal.
c. Solar Facility:
(1) Solar equipment shall meet the required setbacks of the rural preservation (RP) district.
(2) All solar panels shall be nonreflective.
C. Specific Standards For Certain Distributed Power Facilities:
1. Geothermal Resources: Direct use of geothermal resources for heating spas, greenhouses, and other similar uses shall not constitute a distributed power facility.
2. Solar Facility:
a. All solar panels shall be nonreflective.
b. Roof mounted solar equipment shall not exceed five feet (5') above the roof surface and in no case shall the equipment exceed the maximum height of the base district.
c. Ground and pole solar equipment shall be prohibited in the required front or side yard.
d. Pole solar equipment shall not exceed a maximum height of fifteen feet (15').
e. Pole solar equipment shall be set back 1.5 feet from the property line for every one foot (1') of maximum height or the minimum setback for the district, whichever is greater.
f. Ground solar equipment shall meet the minimum setback for the district in which it is located.
3. Wind Facility:
a. Specific Standards For Rooftop Or Freestanding Wind Tower:
(1) The applicant may be required to obtain approval from the appropriate agency, including, but not limited to, the following: federal energy regulatory commission, federal aviation administration, national guard, Mountain Home military base, Idaho bureau of aeronautics, Boise Airport director, IPUC, Idaho Power Company compliance, Idaho fish and game, U.S. department of fish and wildlife, Idaho department of water resources, IDEQ, Ada County emergency communications division, Idaho bureau of homeland security public safety communications, and the appropriate fire authority as a condition of approval.
(2) Documentation shall be submitted that describes the expected maximum noise level that will be generated by the facility. If the noise level exceeds the applicable standard set forth below, the applicant shall submit an acoustical study prepared by a licensed professional that demonstrates how the facility will comply with the maximum allowed noise level.
(3) No experimental, homebuilt, or prototype wind turbines shall be allowed.
b. Rooftop Wind Facilities:
(1) A minimum property size shall be one acre.
(2) One rooftop wind facility requires an accessory use; see article A of this chapter.
(3) Two (2) or more rooftop wind facilities require a conditional use; see article B of this chapter.
(4) Rooftop wind equipment shall not exceed the maximum height of the base district in which it is located.
(5) The maximum diameter of the blades shall not exceed five feet (5').
(6) Roof mounted wind equipment shall be located so that in the event of failure, no part of the equipment will fall across any property line.
(7) Noise emitted from a rooftop wind facility shall not exceed thirty five (35) decibels (dBA) measured from all external property lines of the subject property.
c. Freestanding Wind Facilities:
(1) Minimum Property Size: The minimum property size shall be forty (40) acres.
(2) Number Of Towers Allowed Per Acre: One wind tower per forty (40) acres shall be allowed.
(3) Restriction On Number Of Towers: A property owner shall only be allowed to construct a maximum of two (2) wind towers on their property, including all of their abutting properties.
(4) Maximum Height: The maximum height shall be one hundred twenty feet (120') including the tip height of the blade.
(6) Fall Zone: In addition to the setback requirements in subsection C3c(5) of this section, a fall zone for each wind tower facility shall be delineated and permanently restricted from future development, as follows:
(B) All future development with the exception of agricultural structures shall be prohibited within the fall zone.
(7) Minimum Setback From Overhead Utility Lines: The minimum required setback distance from all overhead utility lines shall be no less than the tower height including the tip height of the blade plus ten feet (10') unless extended by an easement from the overhead utility line company for the fall distance.
(8) Maintenance And Removal:
(A) Maintenance: All wind facilities and their identification tags, supports, braces, mechanical and electrical equipment, and associated apparatus must be kept fully operable and maintained in a safe, neat, and clean condition.
(B) Removal: Any wind facility that is not operated for a continuous period of twelve (12) months or more or that is in an obvious state of disrepair and a threat to public safety will be deemed abandoned and must be removed within sixty (60) days.
(9) Shadow Flicker: The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any nonparticipating landowner's property.
(10) Color: Wind facilities shall be a neutral, nonreflective color designed to blend with the surrounding environment. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.
(11) Minimum Distance From Ground To Blade: Minimum distance between the ground and the tip of the blade closest to the ground in a resting position shall not be less than twenty feet (20').
(12) Landscaping: All wind facilities shall be exempt from the landscaping regulations of chapter 4, article F of this title.
(13) Lighting: No lighting is allowed, except as required by the federal aviation administration.
(14) Uncontrolled Rotation Prevention: All wind turbines must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation creating excessive pressure on the tower structure, rotor blades, and turbine components.
(15) Emergency Shutdown: Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet (3') of the meter panel.
(16) Director's Review: The conditional use permit shall require a director's review every five (5) years upon issuance of a zoning certificate. The director shall review the conditions of approval for compliance.
(17) Noise: Noise emitted from a freestanding wind facility shall not exceed forty five (45) decibels (dBA) as measured from all external property lines of the subject property. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 797, 4-24-2012
; amd. Ord. 902, 10-2-2019)
8-5-3-84: PROCESSING PLANTS FOR AGRICULTURAL OR DAIRY PRODUCTS:
A. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
B. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the environmental protection agency, the U.S. department of agriculture, Central district health department, and Idaho department of water resources. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-85: PRODUCT FABRICATION, ASSEMBLY, OR PACKAGING:
No additional standards are required for this specific use. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-86: PRODUCE STAND, AGRICULTURAL OR ROADSIDE:
A. Standards for both agricultural and roadside produce stands:
1. One stand per property under one ownership is allowed, subject to approval as set forth in this chapter.
2. The applicant shall submit a site plan drawn to scale showing all existing and proposed structures, parking and signage.
3. The applicant shall submit a detailed letter addressing the type of produce that shall be sold from the stand.
4. Display and sale of produce shall be allowed from May 1 to October 31 each year.
5. Access to a stand shall be from a roadway and shall be approved by the Ada County highway district or Idaho department of transportation.
6. A stand shall not be allowed on private roads unless one of the following can be demonstrated:
a. The private road does not provide access or frontage to any other property; or
b. An existing or updated recorded maintenance/easement agreement addresses and permits nonresidential use of the private road.
7. The stand shall have an off street parking and loading area that is consistent with chapter 4, article G, "Off Street Parking And Loading Facilities," of this title.
8. Hours of operation shall be limited between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
9. One on premises business sign for the stand may be placed, which shall not exceed thirty two (32) square feet, and must be removed when the operation closes for the season. There shall be no flashing or intermittent lighting.
10. A building permit may be required for the change in use or occupancy of any portion of structures used for the stand.
11. A stand that is a membrane covered structure under the IBC shall require a building permit if it is erected for one hundred eighty (180) days or longer.
B. Additional standards for agricultural produce stands:
1. The agricultural produce stand shall only be located on a "farm" as defined in this title.
2. The agricultural produce stand shall only sell produce grown on the premises.
3. A zoning certificate is required.
4. The area dedicated to the sale, display and storage of produce shall not exceed four hundred (400) square feet.
C. Additional standards for roadside produce stands:
1. Administrative approval and zoning certificate is required.
2. Sales at the roadside produce stand shall be limited to produce, the majority of which must be grown on the premises.
3. The area dedicated to the sale, display and storage of produce shall not exceed six hundred (600) square feet. (Ord. 902, 10-2-2019)
8-5-3-87: PUBLIC OR QUASI-PUBLIC USE:
A. Minimum Setbacks; Compatibility: All structures shall meet the minimum required setbacks for the applicable base district, except within a residential district where there shall be a minimum setback of thirty five feet (35') from any public street and twenty five feet (25') from any other property line. Structures shall be designed and constructed to be compatible with the surrounding properties including, but not limited to, building materials and building mass.
B. Public Recreation Facilities: The standards as set forth for amusement and recreation facilities 1 shall apply for all public recreation facilities.
C. Storm Drainage And Storm Detention Facilities: A storm drainage facility and/or storm detention facility that are an accessory use to a roadway on the same property shall be exempt. For the purposes of this standard, the contiguous parcel regulations of section 8-4A-8 of this title shall not apply.
D. Underground Utilities: Underground utilities within an easement or within a public street right of way shall not require additional approval.
E. Correctional Facilities: Any privately owned correctional facility designed for residence by incarcerated individuals shall meet the following standards:
1. No structure or outdoor recreation area shall be located within one thousand feet (1,000') of a property line that abuts a residential district.
2. No structure or outdoor recreation area shall be located within one thousand feet (1,000') of a public or private school, daycare center, or church. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011)
8-5-3-88: RACETRACK, VEHICLE OR ANIMAL:
A. If the racetrack provides animal boarding, such facilities shall be subject to the regulations of section 8-5-3-10, "Animal Boarding With Outside Runs", of this chapter. If the racetrack provides horse boarding, such facilities shall be subject to the regulations in section 8-5-3-108, "Stable Or Riding Arena, Commercial", of this chapter.
B. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district.
C. Any outdoor speaker system associated with the racetrack shall comply with the noise regulations of section 5-13-3 of this code.
D. Lighted facilities shall maintain a three hundred foot (300') setback from any property line abutting a residential district and shall comply with the lighting standards set forth in chapter 4, article H of this title. Setback requirements may be reduced at time of master site plan approval when conditions warrant a reduction. Possible conditions include, but are not limited to, building orientation, topography, distance to off site improvements, and physical obstructions.
E. Accessory retail uses including, but not limited to, retail shops and food or beverage service, may be allowed if designed to serve patrons of the facility only, and is approved by the Central district health department and the applicable fire authority. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 852, 3-2-2016; amd. Ord. 902, 10-2-2019)
8-5-3-89: RADIO AND TELEVISION BROADCASTING STATION:
No additional standards are required for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-90: RAILROAD SWITCHING YARD:
All structures shall be located a minimum of one hundred feet (100') from any residential district. No outdoor storage of material shall be permitted. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-91: RECREATIONAL VEHICLE PARK:
A. Use Of Spaces: Spaces may be used by recreation vehicles, tents, or other shelter arrangements or devices.
B. Accessory Uses: Accessory uses including, but not limited to, management headquarters, recreational facilities, caretaker dwelling, coin operated laundry facilities, toilets, and showers may be allowed, subject to the following restrictions:
1. The park shall have direct access to a collector or arterial street. No entrance or exit to the park shall be permitted through a residential district.
2. Drives: Drives shall comply with the following standards and are subject to plan review, field inspection, and approval by the county engineer:
a. A minimum of one drive shall originate at a public street and terminate at a public street. This standard is not intended to require two (2) access points to the recreational vehicle park.
b. Drives shall have rolled concrete curb and gutter sections along both sides of the drive and extending the length of the drive.
c. Drives shall be a minimum of thirty feet (30') wide from back of curb to back of curb. The entire width of the drive shall be improved.
d. Drive shall have a crown or transverse slope a minimum of two percent (2%) to drain water away from the travelway and shall be disposed of in a manner that protects life and property.
e. The improved surface shall include 2.5 inches of asphalt plant mix paving on top of the base course of six inches (6") of three-fourths inch (3/4") minus crushed gravel or other materials approved by the county engineers over a stable compacted subbase. As an alternative to asphalt plant mix, concrete shall be allowed with the approval of the county engineer.
f. Bridge and culvert crossings shall be designed for a minimum H-16 loading.
g. The maximum allowable grade shall be ten percent (10%) slope.
h. The minimum center line curve radius shall be fifty feet (50').
i. The minimum curb radius at intersections shall be twenty feet (20').
C. Design Standards:
1. The park shall have direct access to a collector or arterial street. No entrance or exit shall be permitted which moves traffic from the park through a residential district.
3. The applicant shall indicate the specific location of each proposed space on the master site plan.
a. All recreational vehicle spaces shall have an all weather surface and be drained to prevent standing water.
b. Spaces shall be a minimum size of one thousand five hundred (1,500) square feet.
c. Recreational vehicles shall not be located closer than ten feet (10') to any other recreational vehicle, structure, manufactured home, public street, or property line.
d. Recreational vehicle spaces shall not be located in any required off street parking space or required yard.
4. Any outdoor speaker system associated with the recreational vehicle park shall comply with the noise regulations of section 5-13-3 of this code.
5. A dump station for discharging wastewater holding tanks shall be provided unless each space is equipped with a sewer connection. Such discharge facilities shall be approved by the central district health department. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-92: RECYCLING CENTER:
A. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter. No storage, excluding truck trailers, shall be visible above the required screening material.
B. Except for after hours donation containers, no unsorted material shall be stored outdoors.
C. Any container provided for after hours donation of recyclable materials shall be a minimum of fifty feet (50') from a residential district, shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected.
D. Power driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of materials) may be allowed when located within an enclosed structure.
E. All recycling center grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-93: RECYCLING PLANT:
All recycling plant grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-94: RESEARCH AND DEVELOPMENT FACILITY:
No additional standards are required for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-95: RESIDENTIAL CARE FACILITY:
A. The owner of the facility shall secure and maintain a license from the Idaho department of health and welfare, facility standards division.
B. Accessory retail uses including, but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve residents and/or staff only.
C. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-96: RESTAURANT OR EATING PLACE:
A. In a commercial district, no additional standards are required for this specific use.
B. An eating place within an industrial district shall be subject to the following regulations:
1. The eating place shall not qualify as a "restaurant" as herein defined.
2. If located on the ground level, the gross square footage of the area devoted to the eating place shall not exceed twenty five percent (25%) of the gross floor area on the ground level.
3. The eating place shall be completely enclosed within the structure housing the industrial use.
4. No sign advertising the eating place shall be visible from a public right of way or private road. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-97: RETAIL SALES, RELATING TO AN APPROVED USE:
Accessory retail sales shall be allowed for an approved commercial or industrial use, excluding uses within the M3 district. The area devoted to retail sales shall not occupy more than twenty five percent (25%) of the gross floor area of the approved use. Unless otherwise permitted in this title or as a condition of approval, no accessory retail sales shall be permitted in the rural base districts. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2-2019)
8-5-3-98: RETAIL STORE:
No additional standards are required for this specific use. (Ord. 389, 6-14-2000)
8-5-3-99: SANITARY LANDFILL, RESTRICTED:
A. All structures shall be located a minimum of three hundred feet (300') from any property line. Active landfill disposal sites shall be located a minimum of one thousand feet (1,000') from any residential district.
B. The use shall comply with all applicable overlay districts as set forth in chapter 3 of this title.
C. The decision making body may specify definite time limits for daily operation and for termination of such use.
D. The applicant shall comply with all applicable regulations pertaining to designation, licensing and maintenance of restricted sanitary landfills and disposal sites as set forth in title 5, chapter 2 of this code; Idaho Code title 31, chapter 44; and title 39, chapters 65, 70, and 74.
E. All structures shall comply with the height limit per the applicable base district unless specifically exempt under section 8-4A-10 of this title.
F. All off street parking shall be provided as per chapter 4, article G of this title.
G. All outdoor lighting shall comply with chapter 4, article H of this title. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 816, 12-4-2013; amd. Ord. 902, 10-2-2019)
8-5-3-100: SAWMILL OR PLANING MILL:
A. The use shall be conducted within an enclosed structure.
B. There shall be a one thousand foot (1,000') separation from the mill structure and any residential district.
C. Outdoor storage areas shall comply with section 8-5-3-78 of this chapter. (Ord. 389, 6-14-2000)
8-5-3-101: SCHOOL, PUBLIC OR PRIVATE:
A. Locations for public school sites shall be determined in conformance with the applicable comprehensive plan. The following location criteria shall apply unless in conflict with the applicable comprehensive plan:
1. Elementary schools shall take access off a local street.
2. Middle schools, junior high schools, and senior high schools shall take access off a designated arterial or urban collector street.
3. No elementary, middle, or junior high schools shall abut a commercial or industrial district.
4. No school shall be located in a floodplain or adjacent to a hazardous land use.
B. All structures shall meet a minimum setback of forty feet (40') from any public street and thirty feet (30') from any other property line.
C. Accessory uses including, but not limited to, daycare centers, community services, social services, meeting facilities for clubs and organizations, and administrative offices for the individual school facility may be allowed. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 591, 7-27-2005
; amd. Ord. 902, 10-2-2019)
8-5-3-102: SCHOOL, VOCATIONAL OR TRADE:
A. Schools within the TI district shall have major curriculum relating to technological industrial research and processes.
B. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-103: SEASONAL FARMWORKER HOUSING:
A. The applicant shall specify the season and crop for which the housing is required. The facility shall not be occupied or otherwise used as dwelling units other than during the specifically permitted period.
B. All dwellings or dormitories within the facility shall have adequate sewage and water facilities as provided in section 8-4A-22 of this title. If recreational vehicles are proposed as dwelling units, such recreational vehicles shall have power, water, and sewer hookups.
C. Accessory uses including, but not limited to, management headquarters, recreation areas, coin operated laundry facilities, and communal toilets and showers, may be allowed if such facilities are designated on the facility master site plan and are to be used only by residents of the facility.
D. No structure shall be closer than one hundred feet (100') from an abutting property within a residential district. No structure shall be closer than ten feet (10') from any other structure.
E. Access drives and parking areas shall have a durable and dust free surface, and the area shall be graded so as to drain all surface water from the driveways.
F. If the applicant and/or owner are found to be in violation of any of the standards listed in this section, the facility approval shall be revoked. Upon revocation of a permit, the owner may not reapply for a facility for any location in the county for a period of three (3) years following the date of revocation. (Ord. 389, 6-14-2000; amd. Ord. 699, 6-18-2008
; amd. Ord. 902, 10-2-2019)
8-5-3-104: SEPTAGE TREATMENT AND DISPOSAL FACILITY, PRIVATE:
The following standards apply to establishments that import septage from septic tanks for treatment and disposal.
A. General Use Standards:
1. Minimum Property Size: The minimum property size shall be forty (40) acres.
2. Written Approval: The applicant or owner shall obtain written approval for the acceptance, treatment and disposal of septage from the state of Idaho department of environmental quality. The approval shall make specific reference to the location of the facility, type of facility, the substance(s) being treated and its sources, the method(s) of treatment, the method(s) and location(s) of disposal of solids, monitoring methods, and the ability of the site to support the proposed use.
3. Security Fencing: Security fencing shall be provided to prevent access to the facility by animals and unauthorized persons as required by DEQ.
4. Prohibited Locations: The proposed use shall not be located in any city area of impact, the Snake River birds of prey national conservation area, airport overlay district, or wildlife habitat area as depicted in the Ada County comprehensive plan.
5. Minimum Distance From Property Line/Residential District: All structures, ponds/lagoons, and waste storage areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district.
6. Compliance With Flood Hazard Overlay Zone: The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
7. Zoning Inspection: For the duration of the approval, the use shall be subject to zoning inspection upon advanced notice and request by the Ada County development services department. If a permit holder refuses to allow inspection of the premises by the development services department, the approved zoning certificate or conditional use permit may be revoked.
8. Operator Licensed And Qualified: The applicant shall submit written approval that the operator of the private septage disposal facility is licensed and qualified as required by DEQ.
9. Private Roads Prohibited: Private septage treatment and disposal facilities shall not be allowed on a private road.
10. Odor Management Plan: The applicant shall submit an odor management plan for the septage disposal facility as required by DEQ.
B. Application Requirements:
1. The application materials shall include the following written documentation:
a. Description of the surrounding area within one mile of the subject site including the proximity of existing residential dwellings;
b. The number and frequency of anticipated deliveries from outside companies dumping septage;
c. The anticipated quantity (in gallons) of septage to be accepted;
d. Parking: One spot for every one employee and one for every one thousand (1,000) square feet of gross floor area;
e. The hours and days of operation;
f. Description of the disposal method(s), including, but not limited to: evaporative lagoon(s), land application, or subsurface discharge (interment), and proposed location of disposal;
g. Description of the proposed substance(s) being treated and its source(s), the method(s) of treatment, monitoring methods, and the ability of the site to support the proposed use;
h. Storage and screening method for materials to be used to process solid waste (i.e., woodchips) and location of storage goods. (Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-105: SHOOTING RANGE:
A. Written Approval: The applicant or owner shall obtain written approval from the federal bureau of alcohol, tobacco, and firearms.
B. Outdoor Range:
1. The proposed use shall be within a rural district, but outside the Snake River birds of prey national conservation area or wildlife habitat area as depicted in the Ada County comprehensive plan.
2. The master site plan shall designate the layout of the range including, but not limited to, shooting platforms, targets, target backstops, and berms.
3. The range shall be designed and located so no ammunition travels off site.
4. The applicant shall provide written documentation that the proposed target backstops conform to the standards for outdoor ranges in "The NRA Range Source Book" published by the National Rifle Association.
C. Indoor Range:
1. All related activities shall be housed totally within an enclosed structure and designed with full consideration for safety and noise factors involved in the type of use.
2. If located on the ground level, accessory uses such as gun sales, gun repair, and training courses may be allowed when such uses take up no more than twenty five percent (25%) of the gross floor area on the ground level.
3. If gun sales or gun repair are conducted within the facility, the owner of the indoor shooting range shall secure and maintain a valid federal firearms license from the bureau of alcohol, tobacco, and firearms.
4. The applicant shall provide written documentation that the proposed target backstops conform to the standards for indoor ranges in "The NRA Range Source Book" published by the National Rifle Association.
D. Alternative Development Proposal: The director may approve, or recommend approval of, an alternative development proposal when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this chapter and shall not be detrimental to public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 389, 6-14-2000; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-106: SLAUGHTERHOUSE:
A. The applicant or owner shall obtain written approval of the state of Idaho department of health and welfare for elimination of waste materials.
B. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
C. A meatpacking facility may be an accessory use to the slaughterhouse. (Ord. 389, 6-14-2000; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-107: SOIL OR WATER REMEDIATION:
The following standards apply to establishments that import soil and/or water for remediation. The standards do not apply to in situ remediation of soil and/or water.
A. The minimum property size shall be forty (40) acres.
B. The proposed use shall not be located in the Snake River birds of prey national conservation area or wildlife habitat area as depicted in the Ada County comprehensive plan.
C. The applicant or owner shall obtain written approval from the state of Idaho division of environmental quality. The approval shall make specific reference to the location, substance being treated, method of treatment, monitoring methods, and ability of the site to support the proposed use.
D. The applicant or owner shall obtain written approval from Central district health department.
E. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
F. All structures shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use. (Ord. 389, 6-14-2000; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-108: STABLE OR RIDING ARENA, COMMERCIAL:
A. Any establishment that meets one or more of the following criteria shall be deemed a commercial use and shall require conditional use approval:
1. The riding arena is open to the general public, a homeowners' association or a club.
2. The riding arena is for private use, but is enclosed within a structure that exceeds twenty four feet (24') in height and/or the total area of the structure exceeds two thousand (2,000) square feet.
3. The riding arena can be rented by an individual or group.
4. Spectator seating for more than fifty (50) people is provided at the arena.
5. Retail sales accessory to the stable or riding arena are conducted on site.
6. Group lessons are provided to the general public for a fee.
B. All commercial riding arenas and commercial stables shall provide sufficient parking and turnaround areas for horse trailers. Such areas shall be designed to preclude vehicles from backing out into a roadway.
C. The minimum property size for commercial stables or commercial riding arenas shall be five (5) acres.
D. Only off site catering is permitted, and must be approved by the Central district health department. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 582, 5-25-2005; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-109: STORAGE FACILITY, SELF-SERVICE AND STORAGE FACILITY, SELF-SERVICE - OUTDOOR ONLY:
A. Storage Facility, Self-Service: Specific standards for storage facilities, self-service, shall be as follows:
1. Storage areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item from or at a self-service storage facility is specifically prohibited.
2. The maximum size of individual storage areas shall be five hundred (500) square feet.
3. The distance between structures shall be designed to allow a twelve foot (12') travel lane for emergency vehicles to pass while tenant's vehicles are parallel parked (9 foot width) at the entrance to their storage areas.
4. The perimeter of the storage facility shall be completely fenced, walled, or enclosed and screened from public view. Fencing materials shall complement the exterior building materials.
5. No structure, facility, drive lane, parking area, nor loading area shall be located within twenty feet (20') of a residential district unless a six foot (6') sound reduction wall is provided.
6. If abutting a residential district, the facility hours of public operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
7. Storage of any hazardous materials as defined by title 40 code of federal regulations part 261, or subsequent amendments thereto, shall be prohibited.
B. Storage Facility, Self-Service - Outdoor Only: Specific standards for storage facilities, self-service - outdoor only, shall be as follows:
1. Parcel Size; Site Coverage: A minimum parcel size of five (5) acres shall be required for any proposed outdoor only storage facility. Any eligible property shall be limited to an overall maximum site coverage of twenty percent (20%), and no facility shall be greater than fifteen (15) acres in size.
2. Frontage: The property shall have frontage to an arterial street.
3. Distance Between Stored Vehicles: The distance between stored vehicles, including RVs and trailers, shall be a minimum of ten feet (10') side to side, while maintaining a minimum of twenty feet (20') access aisle on at least one end or as approved by the local fire authority. The distance between parking rows shall be a minimum of twenty feet (20') of travel lane for emergency vehicle access or as approved by the local fire authority. Each space shall have access from an access aisle that is a minimum of twenty feet (20').
4. Screening: The perimeter of the storage facility shall be completely fenced, walled, or enclosed and screened from the public right of way, and comply with chapter 4, article F of this title. For the purpose of perimeter landscaping and screening, property lines, as described in section 8-4F-6 of this title, shall refer to the specific facility boundaries.
5. Location: No boundary of the facility shall be located within one hundred feet (100') of a residential property line, with the exception of a boundary adjacent to a public roadway.
6. Dwellings; Places Of Business: Stored vehicles, including RVs and trailers, shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item from or at an outdoor only self-service storage facility is specifically prohibited.
7. Storage Of Hazardous Materials: Storage of any hazardous materials as defined by title 40 code of federal regulations part 261, or subsequent amendments thereto, shall be prohibited.
8. Design Standards: Minimum design standards for the facility shall include the following:
a. The storage facility shall be screened year round and comply with chapter 4, article F of this title. This article provides for the minimum required screening. The commission may require additional or modified screening and/or buffering in order to prevent or enhance the blocking of views of existing adjacent residences and to maintain the rural and residential character of the RUT district.
b. Access locations into the facility shall be approved by the applicable transportation jurisdiction.
c. All parking, storage and drive aisles within the facility shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with asphaltic concrete or some comparable all weather dustless material.
d. All storage stalls shall be clearly defined on the site plan. The facility shall designate and maintain storage stall locations on site at all times.
e. Outdoor storage areas shall further comply with the requirements for outdoor storage, as set forth in section 8-5-3-78 of this chapter.
9. Use As A Junkyard Prohibited: The site shall not be used as a "junkyard" or "automobile wrecking yard" as herein defined.
10. Storage: The storage of any items and materials other than vehicles, RVs, or trailers is prohibited unless otherwise approved by the commission; provided, that items and materials contained within a vehicle, RV or trailer are permitted.
11. Maintenance, Repair, Or Rebuilding: Maintenance, repair, or rebuilding of vehicles or machinery on the property is prohibited.
12. Noise: Use of the property shall comply with title 5, chapter 13, "Noise", of this code.
13. Hours Of Operation: Unless otherwise approved or restricted through the conditional use, hours of operation shall be limited between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Facilities abutting residential uses (section 8-1A-2, figure 5 of this title) shall be limited to the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
14. Prohibited Locations: Vehicles shall not be stored within the required yards.
15. Use Of Site: The site shall not be used as a "contractor's yard" as herein defined unless such use has been approved.
16. Compliance: The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
17. Zoning Inspection: For the duration of the approval, the use shall be subject to zoning inspection upon advanced notice and request by the Ada County development services department. If a permit holder refuses to allow inspection of the premises by the development services department, the approved zoning certificate or conditional use permit may be revoked.
18. On Site Office Prohibited: An on site office within the confines of the storage facility is prohibited. If the facility owner has a dwelling located on the remaining property, and if that dwelling will be used by the owner to administer the facility, or if the owner intends to administer the facility from an off site dwelling, then the owner shall obtain a home occupation permit and comply with the requirements of section 8-5-3-54 of this chapter.
19. Additional Standards:
a. The following shall be considered as part of the review of an application:
(1) The proximity of existing dwellings;
(2) The number of vehicles anticipated to be stored upon the property;
(3) The hours of operation;
(4) Dust;
(5) Noise;
(6) Traffic and circulation;
(7) Landscaping and screening;
(8) Other.
b. The duration of a conditional use permit for an outdoor only storage facility shall be limited. The conditional use permit shall expire five (5) years following the approval date, or upon annexation of the subject property into a city, whichever occurs first. If the applicant wishes to continue the use beyond the five (5) year period, a new conditional use permit shall be submitted prior to expiration of the original conditional use permit and approved by the commission. Upon expiration of the conditional use permit, all stored vehicles shall be removed within thirty (30) days from the subject property. (Ord. 389, 6-14-2000; amd. Ord. 822, 5-7-2014; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-110: STRUCTURE GREATER THAN TEN THOUSAND SQUARE FEET1:
(Ord. 389, 6-14-2000; rep. by Ord. 660, 5-9-2007; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-111: STUDIO:
No additional standards are required for this specific use. (Ord. 389, 6-14-2000; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-112: SWIMMING POOL, PRIVATE:
All swimming pools shall be provided with a barrier which meets the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code. (Ord. 389, 6-14-2000; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-113: TANNERY:
A. The applicant or owner shall obtain written approval of the state of Idaho department of health and welfare for elimination of waste materials.
B. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district or approved hospital use.
C. The tannery shall have adequate sewer and water facilities as provided in section 8-4A-22 of this title. (Ord. 389, 6-14-2000; amd. Ord. 699, 6-18-2008; amd. Ord. 852, 3-2-2016
; amd. Ord. 902, 10-2-2019)
8-5-3-114: TOWER OR ANTENNA STRUCTURE, COMMERCIAL:
A. Applicability:
1. The following regulations shall apply to tower structures and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission.
2. A facility that meets the following standards shall be reviewed as an accessory use. Any other facility shall be reviewed as a conditional use.
a. Collocation of new antenna and/or equipment for an approved tower structure, commercial shall be deemed an accessory use and shall require a zoning certificate prior to installation.
b. Small wireless facilities shall be deemed an accessory use and shall require a zoning certificate prior to installation.
c. Small Wireless Support Structures located outside of the Ada County Highway District and Idaho Department of Transportation rights-of-way shall require a zoning certificate and building permit prior to installation.
B. General Standards For Commercial Tower Structures And Associated Equipment:
1. Radio Frequency Emissions: The facility shall comply with FCC standards regarding radio frequency (RF) emissions.
2. Approval Required: The facility shall have approval from the Federal Aviation Administration and the Chief of the Idaho Bureau of Aeronautics prior to operation.
3. Additional Approval: The facility shall have approval from the Boise Airport Director prior to operation. The approval shall include specific reference to the site location, height of the facility, lighting, and issuance of an avigation easement.
4. Permits Required: The applicant or owner shall be required to obtain all necessary permits, as may be required under Federal, State or local statutes, regulations, or ordinances including, but not limited to, building permits.
5. Maintenance Of Facility: The facility shall be maintained in compliance with all Federal, State, and local regulations and the construction standards set forth in this section.
6. Public Nuisance Prohibited: The owners of the facility shall have a continuous obligation to ensure the maintenance and upkeep and to prevent the creation of a public nuisance.
7. Outdoor Storage Areas: The proposed facility shall meet the standards for outdoor storage areas in section 8-5-3-78 of this chapter.
8. Conditional Use Approval: For any facility requiring conditional use approval, the director shall notify all property owners within a minimum of one thousand feet (1,000') of any property boundary of the proposed site.
9. Removal:
a. Any tower that has had no antenna mounted upon it for a period of 120 consecutive days, or if the antennas mounted thereon are not operated for a period of 120 successive days, shall be considered abandoned. The tower owner or landowner thereof shall:
(1) Remove any such tower and any accompanying equipment enclosure within ninety (90) days of abandonment; and
(2) Bring the location of the removed facility back to its original state, or better.
b. The Director, upon determining that a tower has been abandoned, shall serve notice of its determination of abandonment upon the owner of the tower.
(1) The notice shall contain the reasons why the tower has been deemed abandoned, the owner's obligation to remove the tower and the owner's right to appeal the determination of abandonment.
(2) If the structure and equipment enclosure are not removed within 90 days, then the County has the right without further notice to enter upon the land and remove and abate such structures at the expense of the tower owner or landowner.
10. Tower Construction, Setback, And Fall Zone Standards:
a. The tower shall be constructed to the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standard entitled "Structural Standards for Steel Antenna Supporting Structures", or as hereinafter may be amended.
b. Within the Boise Air Terminal Airport Influence Areas Overlay District, the height limit on the tower or antenna structure shall be as required by the Code of Federal Regulations 14 CFR 77.
c. Towers over twenty feet (20') in height must be designed to allow for future arrangements of antennas upon the tower. Such towers must also be designed to accept antennas mounted at varying heights.
d. If the tower does not exceed the height limitations of the applicable base district, the tower shall meet the setback requirements of the district. If the tower exceeds the height limitation of the applicable base district, the tower shall meet the setback requirements of the district or it shall be set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.
e. In addition to the setback requirement noted in the preceding paragraph, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:
(1) The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot (1') for every ten feet (10') of tower height.
(2) If the fall zone does not lie completely within the subject property, the applicant must obtain a nonrevocable easement from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the conditional use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.
f. Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the area or likely to exist in the area under the terms of the applicable base district and/or comprehensive plan. The decision making body shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.
g. This subsection B shall not apply to small wireless facilities that meet the standards found in subsections C and D of this section.
C. General Standards For Small Wireless Support Structures And Small Wireless Facilities:
1. Small Wireless Support Structures:
a. Small Wireless Support Structures shall not exceed the height limitation of forty five feet (45').
b. Small wireless support structures that are over twenty feet (20') in height and located within a utility easement or public right-of-way must be designed to allow for future arrangements of antennas and to accept antennas mounted at varying heights upon the small wireless support structure, to the extent reasonably feasible based upon construction, engineering and design standards.
c. Small wireless support structures shall be permitted within utility easements or public rights-of-way in accordance with the requirements of this section.
d. Single carrier small wireless support structures may be used within utility easements and public rights-of-way due to the height restrictions imposed by this section.
e. The replacement of pre-existing small wireless support structures shall be subject to all the same requirements as the construction of new small wireless support structures.
2. Small Wireless Facilities:
a. Small wireless facilities located within utility easements or public rights-of-way are exempted from setback requirements.
b. Small wireless facilities may extend up to ten feet (10') above the height of a small wireless support structure.
c. Small wireless facilities may be mounted on a roof of a building only if the height of the small wireless facility at the highest point does not exceed the horizontal distance from the small wireless facility to the edge of the roof.
d. The Small Wireless Facilities shall be architecturally and visually compatible with regard to similar height, color, bulk, and/or shape, and/or use of camouflage techniques.
D. Application Requirements: The application materials shall include the following written documentation:
1. Suitability Analysis Of The Proposed Site: The analysis shall include, but is not limited to, the following:
a. Description of the surrounding area within one mile of the subject site including topography; and
b. For towers and/or associated facilities that do not meet the definition of Small Wireless Support Structures and Small Wireless Facilities. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be placed at the chosen location.
c. For towers and/or associated facilities that meet the definition of Small Wireless Support Structures and Small Wireless Facilities. A map and written analysis describing existing and proposed transmission coverage.
2. Facilities Not Meeting Definitions Of Small Wireless Support Structures And Facilities: For towers and/or associated facilities that do not meet the definitions of small wireless support structures and small wireless facilities: if applicable, a signed lease agreement, relevant portions of which require the applicant to remove the tower and/or associated facilities upon cessation of use.
3. Facilities Meeting Definitions Of Small Wireless Support Structures And Facilities: For towers and/or associated facilities that meet the definitions of small wireless support structures and small wireless facilities: if applicable, a signed lease agreement, master lease agreement or letter of authorization from the property owner or controlling entity that requires the applicant to remove the tower and/or associated facilities upon cessation of use.
4. Prior To Construction: Before construction of a small wireless support structure or small wireless facility commences in a utility easement or public right-of-way, the applicant shall provide written evidence of a permit, license, or legal right or approval to use such structure or facility by the Ada County Highway District, other controlling entity, or the owner.
5. Applicants may submit consolidated applications for up to five (5) Small Wireless Facilities being installed, modified, replaced, or collocated.
E. Additional Application Requirements For Facilities That Require A Conditional Use Approval:
1. Engineering data showing that the tower is designed structurally, electrically, and in all other respects to accommodate both the applicant's equipment and comparable equipment for a minimum of one additional user if the tower is over twenty feet (20') in height. If the tower is over one hundred ten feet (110') in height, it shall be designed structurally, electrically, and in all other respects to accommodate both the applicant's equipment and comparable equipment for a minimum of two (2) additional users.
2. A report from a qualified and licensed professional engineer that describes the facility height and design (including a cross section and elevation); documents the height above grade for the recommended mounting position for collocated antennas and the minimum separation distances between antennas; describes the facility's capacity; and any other information necessary to evaluate the request. The report must include the engineer's stamp and registration number.
3. A letter of intent committing the facility owner and successors to allow the shared use of the facility, as required by this title, if additional users agree in writing to meet reasonable terms and conditions for shared use.
4. A map and written analysis demonstrating that the facility cannot be accommodated on an existing or approved tower within a two (2) mile radius.
5. It shall be the burden of the applicant to demonstrate that the proposed facility cannot be accommodated on an approved tower or structure within the two (2) mile search radius due to one or more of the following reasons:
a. Unwillingness of a property owner, or tower or facility owner to entertain shared use.
b. The planned equipment would exceed the structural capacity of the existing tower or structure, as documented by a qualified and licensed professional engineer, and the existing tower or facility structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
c. The planned equipment would cause radio interference with material impacting the usability of other existing or planned equipment at the tower or structure, and the interference cannot be prevented at a reasonable cost as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.
d. Existing or approved towers or other structures within the search radius cannot accommodate the planned equipment at a height necessary to be commercially functional as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.
e. The proposed collocation with an existing tower or structure would be in violation of a local, State, or Federal law.
f. Any other unforeseen reasons that make it unfeasible to collocate upon an existing or approved tower or structure as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation.
6. It shall be the burden of the applicant to demonstrate that a good faith effort has been made to solicit the location of the proposed tower on federal, state, county or city property when such property exist within the two (2) mile radius. Evidence of this shall include, at a minimum, copies of notices sent by certified mail, return receipt requested, to all federal, state, county or city property managers asking the possibility of locating the proposed tower on said property and requesting a written response within fifteen business days.
7. It shall be the burden of the applicant to demonstrate that a good faith effort has been made to solicit additional users for the proposed tower. Evidence of this shall include, at a minimum, copies of notices sent by certified mail, return receipt requested, to all other providers of cellular and wireless communications services within Ada County, advising of the intent to construct a new tower, identifying the location, inviting the joint use and sharing the costs, and requesting a written response within fifteen business days. (Ord. 389, 6-14-2000; amd. Ord. 417, 1-10-2001; amd. Ord. 426, 9-26-2001; amd. Ord. 757, 8-11-2010; amd. Ord. 894, 1-9-2019; amd. Ord. 902, 10-2-2019)
8-5-3-115: TOWER OR ANTENNA STRUCTURE, PRIVATE:
A. Applicability: The following regulations shall apply to tower structures for the purpose of private radio, television, or satellite reception and antennas for amateur radio. Towers shall not be subject to the accessory structures regulations of section 8-5-3-1 of this chapter.
B. General Standards:
1. The tower or antenna structure is only for private, not commercial, use.
2. The tower or antenna structure is accessory to a permitted or approved use.
3. The applicant shall provide verification of compliance with the regulations and requirements of the following agencies, as applicable:
a. Federal Aviation Administration.
b. Idaho Transportation Department (Bureau of Aeronautics).
c. The City of Boise Airport Commission.
4. An amateur radio tower for a licensed amateur radio operator that exceeds the height limit for structures in the applicable base district shall require accessory use approval by the Director. The applicant must be a licensed amateur radio operator. Any other tower that exceeds the height limit for structures in the applicable base district shall require conditional use approval.
C. Tower Construction Standards:
1. Within the Boise Air Terminal Airport Influence Areas Overlay District, the height limit on the tower shall be as required by the Code of Federal Regulations 14 CFR 77.
2. If the tower does not exceed the height limitations of the applicable base district, the tower shall meet the setback requirements of the district.
3. If the tower exceeds the height limitation of the applicable base district, the following standards shall apply:
a. The tower shall meet the setback requirements of the district or it shall be set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.
b. The applicant shall submit a report from a qualified and licensed professional engineer and installed in accord with the manufacturer's specifications that describes the facility height and design (including a cross section and elevation). The report must include the engineer's stamp and registration number.
c. The applicant shall provide a copy of the notice of construction filed with the Federal Aviation Administration (FAA).
d. A fall zone for each tower shall be delineated and permanently restricted from future development, as follows:
(1) The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot (1') for every ten feet (10') of tower height.
(2) If the fall zone does not lie completely within the subject property, the applicant must obtain a nonrevocable easement from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the conditional use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.
4. Towers not requiring FAA painting and/or marking shall have either a galvanized finish or shall be painted a noncontrasting blue, gray, or black finish. Alternative colors or finish materials may be approved by the Director.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-116: TRANSIT FACILITY:
The master site plan shall designate sufficient areas to accommodate the maximum number of buses, vans, or other transit vehicles anticipated at any one time. No queuing areas shall be located within the required yards. (Ord. 389, 6-14-2000
; amd. Ord. 902, 10-2-2019)
8-5-3-117: TRUCK STOP:
A. The use shall be located on a principal arterial that is within one thousand three hundred twenty feet (1,320') of an interstate interchange.
B. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed.
C. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the appropriate fire authority.
D. If the truck stop has been designated a safe haven facility by the board for trucks transporting hazardous materials, accessory sleeping quarters may be allowed.
E. Other accessory uses including, but not limited to, office, restaurant, and convenience retail, may be allowed if such facilities are completely within the truck stop facility. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001
; amd. Ord. 902, 10-2-2019)
8-5-3-118: VEHICLE IMPOUND YARD:
A. Screening:
1. Outdoor storage and outdoor activity areas shall comply with section 8-5-3-78 of this chapter. The fence or wall and screening materials shall be a minimum of ten feet (10') in height.
2. No portion of the vehicle impound yard outdoor storage areas and/or outdoor activity areas may be visible from any "highway", "interstate", "principal arterial", or "minor arterial" as herein defined.
3. All materials or parts shall be stored and located within the fenced or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall.
B. Site Related Standards:
1. The use shall be located a minimum of one thousand feet (1,000') from any Residential District.
2. No person shall establish, operate, or maintain a vehicle impound yard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right-of-way and visible from any "highway", "interstate", "principal arterial", or "minor arterial" as herein defined.
3. The use shall comply with the Flood Hazard Overlay District as set forth in chapter 3, article F of this title.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-119: WAREHOUSE:
No additional standards are required for this specific use.
(Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5-3-120: WINERY:
A. Standards For Wineries:
1. The winery shall comply with all applicable State, Federal, and local regulations.
2. The property shall have access and frontage on a public road.
3. In zoning districts where a winery is a conditional use, tasting rooms and promotional events, such as but not limited to wine club events and winemakers dinners, may be allowed as part of the conditional use. A tasting room is only allowed on a property when part of a winery. Promotional events shall be limited to not more than twenty-four small (fifty guest maximum) events per year. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 477, 1-7-2003; amd. Ord. 755, 7-21-2010; amd. Ord. 902, 10-2-2019)
8-5A-1: PURPOSE:
8-5A-2: APPLICABILITY:
These regulations apply to any property in unincorporated Ada County where an accessory use is allowed under the regulations of this title and where the property has an established principal permitted use. The following table indicates accessory uses requiring a zoning certificate and/or approval by the Director:
Accessory Use | Required | |
Zoning Certificate | Administrative Approval | |
Accessory Use | Required | |
Zoning Certificate | Administrative Approval | |
Accessory structure, 200 square feet or less | No | No |
Accessory structure, >200 <1,500 square feet | Yes | No |
Accessory structure, >1,500 square feet | Yes | Yes |
Agricultural produce stand | Yes | Yes |
Agricultural structure | Yes | No |
Automotive, hobby | Yes | No |
Daycare, family daycare home | Yes | No |
Daycare, group daycare facility | Yes | Yes |
Distributed power facility, solar integrated, or solar pole | Yes | No |
Distributed power facility, solar rooftop, solar ground | No | No |
Distributed power facility, wind rooftop (1 accessory only) | Yes | Yes |
Dwelling, additional farm | Yes | Yes |
Dwelling, caretaker for an approved use | Yes | Yes |
Dwelling, secondary attached or detached | Yes | Yes |
Fence, barbed wire, electric wire, or other | No | No |
Fuel cell | Yes | No |
Gasoline, diesel, or alternative fuel sales | Yes | No |
Home occupation, large | Yes | Yes |
Home occupation, small | Yes | No |
Kennel, hobby | Yes | Yes |
Livestock confinement facility, 300 AU or fewer | No | No |
Mortuary | No | No |
Office, relating to an approved use | No | No |
Office, temporary construction | Yes
No | No |
Outdoor storage | No | No |
Pit, mine, or quarry | Yes | Yes |
Portable classroom | Yes | Yes |
Produce stand, agricultural | Yes | No |
Produce stand, roadside | Yes | Yes |
Retail sales, relating to an approved use | No | No |
Roadside produce stand | Yes | Yes |
Sign, administrative approval not required | No | No |
Sign, administrative approval required | Yes | Yes |
Small wireless facilities | Yes | No |
Swimming pool, private | Yes | No |
Temporary living quarters | Yes | Yes |
Temporary use | See chapter 4, article L of this title | |
Tower or antenna structure, private, 6 feet or less | Yes | No |
Tower or antenna structure, private, > 6 feet | Yes | Yes |
(Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 581, 5-25-2005; amd. Ord. 675, 11-14-2007; amd. Ord. 692, 4-23-2008; amd. Ord. 713, 11-12-2008; amd. Ord. 715, 12-3-2008; amd. Ord. 755, 7-21-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 797, 4-24-2012; amd. Ord. 801, 9-12-2012; amd. Ord. 804, 11-14-2012; amd. Ord. 894, 1-9-2019; amd. Ord. 902, 10-2-2019; Ord. 970, 3-13-2024)
8-5A-3: PROCESS:
An administrative approval shall be subject to review by the director subject to the regulations of subsection 8-7-2A of this title. The approval process shall be as follows:
A. The applicant shall submit an application and fees on forms provided by the Development Services Department as set forth in Chapter 7, Article A of this title.
C. The applicant and/or owner shall have one (1) year to obtain all necessary permits and obtain a zoning certificate.
D. The director shall determine that all conditions of approval have been met and that the accessory use is in conformance with this section before a zoning certificate is issued. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)
8-5A-4: STANDARDS:
In addition to the specific use standards set forth in this chapter, the following standards shall apply:
A. The applicant shall have a continuous obligation to maintain adequate housekeeping practices so as not to create a nuisance.
B. The Director may require additional conditions to mitigate impacts. The conditions may include, but not be limited to, any or all of the following:
1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts.
2. Limits on time of day for the conduct of the specified use.
3. The period within which the permit shall be exercised or otherwise lapse.
4. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property. (Ord. 389, 6-14-2000)
8-5A-5: REQUIRED FINDINGS:
A. The proposed use shall not be detrimental to the public health, safety, or welfare. The proposed use shall not adversely impact the health and safety of surrounding residents, nor shall it create undue adverse impacts on surrounding properties;
B. The proposed use is consistent with the applicable comprehensive plan;
C. The proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this chapter;
D. The proposed use complies with the dimensional standards of the applicable base district;
E. The proposed use complies with all applicable County ordinances;
F. The proposed use complies with all applicable State and Federal regulations;
G. The proposed use and facilities shall not adversely affect or conflict with abutting uses or impede the normal development of surrounding property;
H. Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are, or shall be, provided for the proposed use;
I. For private tower structures, the proposed tower complies with any applicable Federal Communications Commission decisions and regulations;
J. For signs, the sum of the area of all building and freestanding signs on the property conforms to the standards specified in chapter 4, article I of this title. The size, characteristics, location, and number of signs on the property conform to the standards specified in chapter 4, article I of this title. (Ord. 389, 6-14-2000; amd. Ord. 675, 11-14-2007; amd. Ord. 902, 10-2-2019)
8-5B-1: PURPOSE:
8-5B-2: APPLICABILITY:
B. Any modification or expansion of a previously approved conditional use that would generate the need for a new master site plan review 3 shall require a new conditional use approval.
C. Upon the sale or transfer of an approved conditional use, and if the approved use requires a license to operate, the subsequent property owner or operator must provide evidence of proper licensing to the director. (Ord. 389, 6-14-2000; amd. Ord. 618, 5-10-2006)
8-5B-3: PROCESS:
A conditional use shall be subject to a public hearing, review, and approval subject to the regulations of subsection 8-7-2D of this title. The approval process shall be as follows:
A. The applicant shall submit an application and fees on forms provided by the development services department as set forth in chapter 7, article A of this title.
B. The applicant shall concurrently submit and obtain approval for a master site plan subject to the regulations of chapter 4, article E of this title, unless specifically exempt under the regulations of that article. Any accessory buildings or facilities and any outdoor storage areas shall be noted on the master site plan and reviewed as part of the conditional use.
D. The applicant shall provide written documentation indicating the facility has been approved by all applicable public agencies before a zoning certificate is issued.
E. The applicant has two (2) years to obtain all necessary permits and obtain a zoning certificate.
F. The director shall determine that all conditions of approval have been met and that the conditional use is in conformance with this section before a zoning certificate is issued.
G. The minor modification provisions set forth for approved master site plans in subsections 8-4E-3F and G of this title shall also apply to approved conditional uses.
H. All other modifications to an approved conditional use shall be considered in accordance with section 8-5B-2 of this article. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 715, 12-3-2008; amd. Ord. 730, 7-7-2009; amd. Ord. 902, 10-2-2019)
8-5B-4: CONDITIONAL USE STANDARDS:
In addition to the specific use standards set forth in this chapter, the following standards shall apply:
A. The applicant shall guarantee to comply with the approved plans and specifications.
B. The applicant shall have a continuous obligation to maintain adequate housekeeping practices so as not to create a nuisance.
C. The site plan for the conditional use shall address firefighting resources. Such resources shall include, but are not limited to, proper access for firetrucks, water for fire flow and/or defensible space.
D. No structure or facility (excluding signs) shall be located within twenty feet (20') of a residential district unless a sound wall1 is provided. See also section 8-4F-6 of this title.
E. A sound wall shall be included in the landscape plan for any parking areas abutting a residential district. See also section 8-4F-7 of this title.
F. The owner and/or operator shall maintain sanitary practices so as not to create a public nuisance and to reduce noise and odor.
G. The owner and/or operator shall provide evidence that any dangerous characteristics of the proposed use have been or shall be eliminated or minimized so as not to create a nuisance or be detrimental to the public health, safety, or welfare.
H. If abutting or within a residential district, the facility hours may be limited by the decision making body.
I. If abutting or within a rural district, the proposed use shall not cause detrimental impacts to agriculture.
J. The decision making body may require additional conditions to mitigate impacts. The conditions may include, but not be limited to, any or all of the following:
1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts.
2. Limits on time of day for the conduct of the specified use.
3. The period within which the permit shall be exercised or otherwise lapse.
4. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property. (Ord. 389, 6-14-2000; amd. Ord. 715, 12-3-2008; amd. Ord. 902, 10-2-2019)
8-5B-5: REQUIRED FINDINGS:
A. The proposed use is not detrimental to the public health, safety, or welfare;
B. The proposed use shall not create undue adverse impacts on surrounding properties;
C. The proposed use is consistent with the applicable comprehensive plan;
D. The proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this chapter;
E. The proposed use complies with all applicable county ordinances;
F. The proposed use complies with all applicable state and federal regulations;
G. The proposed use and facilities shall not impede the normal development of surrounding property;
H. Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are, or shall be, provided for the proposed use; and
I. Political subdivisions, including school districts, will be able to provide services for the proposed use. (Ord. 389, 6-14-2000; amd. Ord. 806, 5-8-2013)