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Athol City Zoning Code

CHAPTER 8

ZONING DISTRICT REGULATIONS

8-8A-1: DESCRIPTION AND PURPOSE:

The Residential (R) Zone is intended as a zone which recognizes the historic residential development patterns of the City. Standards herein have been developed to avoid rendering existing dwellings nonconforming and to allow for new housing in conformance with the Comprehensive Plan in order to promote the public health, safety, and general welfare of the community. (Ord. 263, 7-12-2005)

8-8A-2: PERMITTED PRIMARY USES:

No building, structure, or land shall be used, and no building, structure, or use in the Residential (R) Zone shall be erected, structurally altered, enlarged, or established, except for the following permitted uses:
One single-family dwelling per lot or parcel.
   A.   An attached garage, storage shed, and/or patio, shall be subject to the same limitations as those which are defined as accessory uses.
   B.   When the permitted dwelling is a manufactured or modular home, it shall conform to the following: comply with all provisions of chapter 10 of this title.
   C.   "Single family dwelling" shall include any group residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity.
   D.   A single-family dwelling shall, at a minimum, contain eight hundred fifty (850) square feet of living space to include a toilet, sink and bathing facilities, cooking and food preparation facilities and one bedroom area.
Recreational vehicles. Recreational vehicles may only be temporarily or intermittently occupied and under the following conditions:
   A.   Occupation of a recreational vehicle is limited to thirty (30) days in any 12-month period.
   B.   The recreational vehicle shall have current registration and shall be in a serviceable condition so it can be operated in a safe and lawful manner on the roads of the State of Idaho.
   C.   The recreational vehicle shall not be set on blocks or have the running gear removed.
   D.   No decks or additions shall be attached to the recreational vehicle and the vehicle shall not be skirted.
   E.   The recreational vehicle shall not be used as a dwelling except as provided in this section. The occupant of an RV must have a primary residence other than the RV.
   F.   No independent mail service shall be allowed to the recreational vehicle.
   G.   The recreational vehicle shall not be used as rental property or used for commercial purposes.
   H.   The recreational vehicle must be fully self- contained and removed from the site to empty holding tanks at an approved location.
   I.   An RV may be used as a dwelling for the owners of the parcel on which the RV is located during construction of a dwelling, or substantial remodel of the dwelling on that parcel as evidenced by a valid permit for such construction. In such cases, the provisions of this use regarding the owner's primary residence, duration of occupation of the RV and mail service shall not apply. Upon completion of the dwelling or expiration of the building permit for the dwelling, the RV shall revert to temporary or intermittent use as provided in this use.
Temporary construction offices within the tract or subdivision on which buildings are being erected, and only for the duration of active construction. (Ord. 416, 3-21-2018; amd. Ord. 442, - -2023; Ord. 448, 7-15-2025)

8-8A-3: PERMITTED ACCESSORY USES:

   A.   Accessory Uses Permitted: No accessory buildings are allowed without a permitted primary use already established on-site. The following accessory uses shall be permitted in the Residential (R) Zone in conjunction with a permitted primary use:
A single portable storage container, not exceeding 10' x 20' in size may be used for temporary storage in the residential district for not more than sixty (60) days in any twelve (12)-month period. The container may not be set within any right of way or setback area. A building location permit shall be required prior to setting of the container to address the location and track the arrival and removal of the container.
Cat and dog houses, when the total number of dogs and/or cats is below the number defined as a "kennel" in section 8-1-4 of this title, and when kept on the same lot as the residence.
Detached garages or carports for the private use of the residence, not to exceed one thousand two hundred (1,200) square feet in size in the aggregate, except for lots greater than one (1) acre in size which shall be allowed up to five thousand (5,000) square feet in the aggregate. Toilets and sinks are allowed in accessory buildings, however, no cooking and/or bathing facilities are allowed in accessory buildings. Accessory living units are prohibited.
Greenhouses solely maintained for private, noncommercial purposes.
Home occupations, when the business is conducted solely within the dwelling or an accessory building, occupies no more than thirty percent (30%) of the usable floor space of the dwelling (or dwelling and accessory building combined if within an accessory building), employs no more than two (2) people that do not live in the dwelling on-site, does not diminish off street parking required for the residence, and does not generate undue noise, traffic, and/or parking that would be congestive or otherwise disruptive in a residential neighborhood environment.
In-home daycare for twelve (12) or fewer children, including the children of the home subject to compliance with Panhandle Health District criteria.
In-home long term care of eight (8) or fewer elderly persons licensed by the State.
Keeping of animals, in accordance with section 4-3-2 of this Code.
Outdoor fireplaces.
Radio or television antenna or tower, or a satellite communication dish maintained for private, noncommercial purposes; provided, that: when erected upon a structure, the height of the antenna, tower, or dish does not exceed the height of the structure upon which it is located by six feet (6'); or, when erected as a freestanding accessory, the height of the antenna, tower, or dish does not exceed the height of the primary structure on the property by ten feet (10'). Any such freestanding antenna, tower, or dish shall be set back from any and all property lines a minimum distance equal to one foot (1') more than the overall height of the antenna, tower, or dish.
Residential signs, unlit, subject to the following criteria: a nameplate and/or street address sign, not exceeding two (2) square feet in area, and containing the name(s) of the resident(s) of the dwelling and/or the street address number of the premises; a real estate sign, not exceeding six (6) square feet in area, notifying that the premises is for sale, rent, or lease; an advertising sign for a home occupation, not exceeding twelve (12) square feet, and containing the name, phone number, and/or other pertinent information about the home occupation conducted within the dwelling.
Storage shed and/or patio when attached to the main building structurally or by a breezeway.
Swimming pools, spas, and/or unlighted tennis courts for the exclusive use of the occupants of the premises and their guests.
   B.   Storage Restrictions:
      1.   Generally: All storage shall be wholly within an enclosed building or shall be completely screened from view from surrounding properties and public rights-of-way, and shall be accessory to the permitted use on the site; there shall be no storage in any required front street or flanking street yard area.
      2.   Inoperable Vehicles:
         a.   The private, noncommercial storage of up to two (2) inoperable or not currently licensed vehicles, or remnants thereof, shall comply with the provisions of this subsection.
         b.   Nonconforming rights for outdoor storage of more than two (2) inoperable or not currently licensed vehicles shall end one year after the effective date hereof. (Ord. 263, 7-12-2005; Ord. 416, 3-21-2018; Ord. 427, 10- 15-2019; Ord. 432, 4-20-2021)

8-8A-4: SPECIAL (CONDITIONAL) USES:

The following uses may be permitted in the Residential (R) Zone, subject to the approval of a special (conditional) use permit in compliance with the conditions and requirements set forth in chapter 7 of this title:
Bed and breakfast inns; provided, that, at a minimum: the proprietor resides in the dwelling where the bed and breakfast business is conducted; one off street guest parking space is provided for each guest room in addition to the parking required for the dwelling; adequate restrooms are provided in accordance with County and State regulations; compliance with State, County, and local fire regulations has been demonstrated; and signage conforms to the provisions of the Residential (R) Zone.
Churches and houses of worship; provided, that, at a minimum: parking conforms to the requirements set forth in chapter 12 of this title; and signage conforms to the provisions of the Residential (R) Zone.
Daycare, nursery school, or preschool facility; provided, that, at a minimum: childcare and/or schooling serves the number of children approved by the City Council; compliance with all Federal, State, County, and local daycare, schooling, and fire regulations has been demonstrated; and signage conforms to the provisions of the Residential (R) Zone.
Home gardening and/or greenhouses for commercial purposes.
Public and quasi-public facilities, including, but not limited to, substations, pumping plants, telephone exchanges, and parks; provided, that, at a minimum: such facilities conform to all provisions of sections 8-8A-5 through 8-8A-7 of this article.
Residential accommodations of a two-family (duplex) or multi-family nature; provided, that, at a minimum: parking conforms to the requirements set forth in chapter 12 of this title; a minimum of fourteen thousand five hundred twenty (14,520) square feet of lot area is provided per dwelling unit; and signage conforms to the provisions of the Residential (R) Zone.
Residential care facilities; provided, that, at a minimum: parking conforms to the requirements set forth in chapter 12 of this title; compliance with all Federal, State, County, and local residential care facility, and fire regulations has been demonstrated; and signage conforms to the provisions of the Residential (R) Zone.
Storage of inoperable vehicles; the private, noncommercial storage of more than two (2) inoperable or not currently licensed vehicles, or remnants thereof; provided, that, at a minimum: all such vehicles, remnants thereof, and parts are stored within a completely enclosed building. (Ord. 416, 3-21-2018)

8-8A-5: SITE (LOT) AREA AND FRONTAGE:

The following site size and street frontage standards shall apply to all permitted or conditional uses in the Residential (R) Zone:
   A.   The required minimum lot area shall be fourteen thousand five hundred twenty (14,520) square feet which is equal to one-third (1/3) of an acre.
   B.   Each lot or parcel shall have a minimum width of ninety feet (90') at its narrowest point.
   C.   Each dwelling site shall front upon a public street without any other building site intervening between it and the street upon which it fronts and shall access directly from such frontage. (Ord. 263, 7-12-2005; amd. Ord. 448, 7-15-2025)

8-8A-6: YARDS, LOT COVERAGE AND BUILDING SEPARATION:

The following yard (setback), site coverage, and building separation standards shall be observed by all uses in the Residential (R) Zone:
   A.   Street Frontage Yard: The minimum setback from any fronting street shall be twenty five feet (25') from the street frontage property line. The minimum setback from the flanking (side) street frontage for a corner lot shall be twenty feet (20') from the flanking street frontage property line.
      1.   No building or fencing, nor any sight obstruction which constitutes a hazard to the traveling public, shall be permitted on any corner lot within the area designated as the "clear view triangle", which can be determined by measuring fifty feet (50') from the corner of the two (2) intersecting street frontage property lines along the property line of each street frontage, then connecting the two (2) points with a straight line forming the hypotenuse of the clear view triangle.
Trees within the clear view triangle shall have their branches removed from ground level to a minimum of seven feet (7') above ground level, and shrubs within such clear view triangle shall be maintained at a maximum height of three feet (3') above ground level. In cases where such clear view triangle will not provide adequate sight distance, the Administrator shall determine the required area needed to reduce hazards to the traveling public.
      2.   Fences or walls, with a maximum height of eight feet (8'), may be located on the fronting or flanking street property line outside the area encompassed by the clear view triangle.
   B.   Rear Yard:
      1.   Rear yards shall have a minimum depth of ten feet (10') from the rear property line.
      2.   Fences or walls, with a maximum height of eight feet (8'), may be located on the rear property line.
   C.   Side Yard:
      1.   For lots and parcels less than ninety feet (90') in width at the narrowest point of the property, side yards shall have a minimum depth of five feet (5') from one (1) side property line and ten feet (10') from the other side property line. In the case of a corner lot, the interior side property line setback shall be a minimum of five feet (5') in depth.
      2.   For lots or parcels that are ninety feet (90') in width or greater at the narrowest point of the property, side yards shall be a minimum of ten feet (10') from one side property line and fifteen feet (15') from the other side property line. For accessory structures located to the rear of the primary structure on the property, the side yard shall be a minimum of ten feet (10') on both sides. In the case of a corner lot, the interior side property line setback shall be a minimum of ten feet (10') in depth for all structures.
      3.   Fences or walls, with a maximum height of eight feet (8'), may be located on the side property line.
   D.   Yard Exceptions: Eaves and cornices may project into a required yard (setback) area up to eighteen inches (18"); uncovered steps may project into a required yard (setback) area; provided, that compliance with State and local fire regulations has been demonstrated.
   E.   Lot Coverage: The maximum lot coverage for all buildings and structures shall be fifty percent (50%).
   F.   Building Separation: A minimum separation distance of ten feet (10') shall be maintained between structures. (Ord. 416, 3-21-2018; amd. Ord. 430. 11-17-2020; Ord. 450, 10-21-2025)

8-8A-7: HEIGHT LIMITS:

No building or structure in the Residential (R) Zone shall exceed a height of two (2) stories or a total height above grade of thirty five feet (35'). (Ord. 263, 7-12-2005)

8-8A-8: OFF STREET PARKING AND LOADING:

   A.   Parking and loading standards for uses in the Residential (R) Zone shall conform to the standards set forth in chapter 12 of this title.
   B.   Where the parking requirements for a use are not specifically defined in this title, the parking requirements for such use shall be based upon the requirements for the most comparable use specified in this title, or other requirements based upon the best available information concerning the proposed use. (Ord. 263, 7-12-2005; amd. Ord. 430, 11-17-2020)

8-8B-1: DESCRIPTION AND PURPOSE:

The Commercial (C) Zone is intended as a zone which recognizes the historic commercial development patterns of the City in accordance with the Comprehensive Plan. In order to promote the public health, safety, and general welfare of the community, and to assure compatibility with surrounding areas, an appropriate mixture of community serving and region serving commercial uses shall be allowed. (Ord. 263, 7-12-2005)

8-8B-2: PERMITTED PRIMARY USES:

No building, structure, or land shall be used, and no building, structure, or use in the Commercial (C) Zone shall be erected, structurally altered, enlarged, or established, except for the following permitted uses:
   A.   Commercial retail and service uses:
Any wholesale, retail and service business similar to and compatible with the uses described in this section.
Automotive parts retail and repair services, including battery shops and tire repair shops.
Bakeries.
Banks and other financial services.
Business and professional offices, including medical and dental offices.
Car washes.
Carpet, furniture, and upholstery cleaning and repair establishments.
Churches, mosques, synagogues, temples, and similar houses of worship.
Clothing and clothing accessory retail sales.
Contractors' offices and shops, including electrical, masonry, tile, plumbing, heating and ventilating, plastering, carpentry, roofing, glass, insulation, iron work, and similar services.
Convalescent homes; sanitariums, or retirement homes.
Daycare, nursery school, or preschool facilities and services.
Delicatessens and meat markets.
Drugstores and pharmacies.
Dry cleaning and laundry establishments.
Electrical appliance and motor repair shops.
Electronic instrument and other technology businesses.
Florist and plant shops.
Food stores and markets.
Fraternal or philanthropic lodges and institutions and other community meeting facilities.
Furniture and other home accessory sales such as carpets, drapes, and paint.
General merchandise and other retail sales.
Hardware stores.
Hospitality businesses, including but not limited to hotels, motels, bed and breakfast inns, meeting and convention facilities.
Household appliance repair shops.
Jewelry manufacturing and sales.
Lock and key services.
Lumber yards and building material sales.
Manufacture, sales, and service of windows, window screens, rain gutters, shades and awnings.
Medical and dental laboratories.
Medical offices and emergency care clinics.
Mortuaries and funeral homes.
Motor vehicle and farm equipment sales, leasing, rental, and services.
Nurseries and garden supplies.
Pawnshops.
Personal services, including barber and beauty shops.
Pet shops, including grooming services.
Photographic services, including portrait studios and photo developing stores.
Printing and publishing services.
Public or private office buildings.
Radio, television, and other electronics sales and services.
Restaurants and any other eating or drinking establishments, including but not limited to cafeterias, catering services, lounges and taverns.
Service stations.
Shoe repair and clothing alterations shops.
Small tool sharpening and repair.
Sports and athletic facilities whether indoor, outdoor or in combination.
Theaters.
Vehicle and machinery repair.
Veterinary offices, including hospitalization and boarding services.
Vocational, trade or private instructional schools.
Welding and metal fabricating shops.
Other uses which the Administrator determines to be similar in nature, function, and operation to permitted primary commercial uses in the zone.
   B.   Other uses:
Government and utility facilities, including, but not limited to:
Elementary and secondary schools, public or private.
Government buildings and uses operated by Federal, State, County, or Municipal government entities, or operated by special purpose districts.
Libraries.
Museums.
Open space/conservation areas.
Parks and recreation uses, including, but not limited to, tennis courts, swimming pools, play fields, and other similar uses as determined by the Administrator.
Publicly or privately operated public utility uses, structures, or transmission facilities. (Ord. 416, 3-21-2018; amd. Ord. 430, 11-17-2020)

8-8B-3: PERMITTED ACCESSORY USES:

   A.   Accessory Uses Permitted: The following accessory uses shall be permitted in the Commercial (C) Zone:
      1.   Any accessory use allowed in the Residential (R) Zone under those circumstances where residential uses are authorized in accordance with section 8-8B-4 of this article.
      2.   Signs in conformance with the provisions set forth in chapter 13 of this title.
      3.   A single portable storage container, not associated with the active operation of an allowed railroad or trucking business, and not exceeding 10' x 20' in size may be used for temporary storage in the Commercial district for not more than sixty (60) days in any twelve (12)-month period. Containers may not be set within any right of way, setback area, required parking space, or required landscape or drainage area. A building location permit shall be required prior to setting of the container to address the location and track the arrival and removal of the container.
   B.   Storage Restrictions:
      1.   All storage must be indoors or fully enclosed within a one hundred percent (100%) sight obscuring, nonpierced fence at least six feet (6') in height.
      2.   Storage of petroleum in quantities of less than twenty thousand (20,000) gallons (total for any individual site) shall be belowground and shall meet National Fire Protection Association and Health and Welfare Department standards. (Ord. 263, 7-12-2005; amd. Ord. 430, 11-17-2020; Ord. 432, 4-20-2021)

8-8B-4: SPECIAL (CONDITIONAL) USES:

The following uses may be permitted in the Commercial (C) Zone, subject to the approval of a special (conditional) use permit in compliance with the conditions and requirements set forth in chapter 7 of this title:
Any special (conditional) use listed in the Residential (R) Zone which is not a permitted primary use in the Commercial (C) Zone.
Dance halls, skating rinks, arcades, or other commercial amusement places.
Hospitals and long term medical care facilities.
Kennels, pet boarding and animal breeding operations.
Manufacture and assemblage of components, provided that such activity: a) is carried on in such a manner and with such precautions against fire and explosion hazards as provided by the Fire Code, b) emits no obnoxious odor or noise, c) exhausts no waste or dust into the air, and d) shall be conducted so that direct and indirect illumination shall not exceed 0.2 foot-candle across lot lines of the subject property.
Mini-storage facilities: On parcels of not less than 3.5 acres, provided outside storage must be within a sight obscuring fence or other enclosure.
Off premises advertising signs.
Recreational vehicle parks and campgrounds.
Transfer, storage, and warehouse facilities which are not a permitted primary use in the Commercial (C) Zone, provided outside storage must be within a sight obscuring fence or other enclosure.
Uses permitted in the Residential (R) Zone, including multi-family housing, manufactured and modular homes; provided, at a minimum, that such uses comply with all provisions of article A of this chapter and chapter 10 of this title. Residential Planned Unit Developments may be permitted in the Commercial Zone without a special use permit, in accordance with the development standards of section 8-9-6B and in accordance with the requirements and procedures of Title 8, Chapter 9. (Ord. 416, 3-21-2018; amd. Ord. 430, 11-17-2020; Ord. 431, 3-16-2021)

8-8B-5: SITE (LOT) AREA AND FRONTAGE:

The following site size and street frontage standards shall apply to all uses in the Commercial (C) Zone:
   A.   Any authorized residential use shall observe the site (lot) area and frontage standards of the Residential (R) Zone.
   B.   The minimum site or parcel area for all commercial development sites shall be eight thousand seven hundred (8,700) square feet.
   C.   Each site or parcel shall have a minimum width at the street facing property line of seventy feet (70'). (Ord. 416, 3-21-2018)

8-8B-6: YARDS AND LOT COVERAGE:

The following yard (setback) and lot coverage standards shall be observed by all uses in the Commercial (C) Zone:
   A.   Compliance With Residential Zone Requirements: Any authorized residential uses shall observe the yard area and lot coverage standards of the Residential (R) Zone.
   B.   Street Frontage Yard: The minimum setback from any fronting street shall be ten feet (10') from the street frontage property line. The minimum setback from the flanking (side) street frontage for a corner lot shall be ten feet (10') from the flanking street frontage property line.
      1.   No building or fencing, nor any sight obstruction which constitutes a hazard to the traveling public, shall be permitted on any corner lot within the area designated as the “clear view triangle”, as defined in the “Supplemental Construction Specifications to the ISPWC & Design Standards,” as adopted by resolution of the City Council.
      Trees within the clear view triangle shall have their branches removed from ground level to a minimum of seven feet (7') above ground level, and shrubs within such clear view triangle shall be maintained at a maximum height of three feet (3') above ground level.
      2.   Fences with a maximum height of six feet (6') may be located along the fronting or flanking street property line outside the area encompassed by the clear view triangle and located such that any required landscaping along the frontage is outside the fence and visible from the street.
   C.   Rear Yard:
      1.   The rear yard setback from the rear property line shall be a minimum of five feet (5'), except where the rear property line abuts property in the Residential (R) Zone, in which case commercial buildings and structures (except fences) shall observe the rear yard setback requirement of the Residential (R) Zone.
      2.   Fences with a maximum height of eight feet (8') may be located on the rear property line.
   D.   Side Yard:
      1.   The side yard setback from the side property line shall be a minimum of five feet (5'), except where the side property line abuts property in the Residential (R) Zone, in which case commercial buildings and structures (except fences) shall observe the ten-foot (10' side yard setback requirement of the Residential (R) Zone.
      2.   Fences with a maximum height of eight feet (8') may be located on the side property line.
   E.   Exceptions: Where commercial buildings and structures are subject to rear and side yard setbacks of the abutting Residential (R) Zone, the exceptions authorized in the Residential (R) Zone shall apply.
   F.   Lot Coverage: The maximum lot coverage for development on commercially zoned property shall be eighty percent (80%), except for residential uses which shall have a maximum coverage of fifty percent (50%). (Ord. 416, 3-21-2018; amd. Ord. 430, 11-17-2020; Ord. 445, 5-21-2024)

8-8B-7: HEIGHT LIMITS:

The height limit for commercial buildings and structures shall be 35 feet, except where a side or rear property line abuts property in the Residential (R) Zone, in which case commercial buildings and structures shall observe the height limits of the Residential (R) Zone. (Ord. 263, 7-12-2005; amd. Ord. 445, 5-21-2024)

8-8B-8: OFF STREET PARKING AND LOADING:

   A.   Parking and loading standards for uses in the Commercial (C) Zone shall conform to the standards set forth in chapter 12 of this title.
   B.   Where the parking requirements for a use are not specifically defined in this title, the parking requirements for such use shall be based upon the requirements for the most comparable use specified in this title, or other requirements based upon the best available information concerning the proposed use. (Ord. 263, 7-12-2005; amd. Ord. 430, 11-17-2020)

8-8B-9: PERFORMANCE STANDARDS:

All uses in the Commercial (C) Zone shall be developed and used in a manner that complies with the following performance standards:
   A.   Compliance With Federal, State And Local Standards: All uses shall fully comply with all applicable Federal, State, and Municipal standards governing noise, vibrations, odors, air quality, smoke, hazardous materials, sanitary waste, and solid waste.
      1.   Further, no commercial use located within five hundred feet (500') of a residential zone shall emit any noise, vibrations, odors, or smoke between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M.
      2.   No obnoxious odors shall be emitted at any time.
   B.   Water Contamination: All uses shall be operated in such a manner that there is no discharge whatsoever into a public or private sewerage disposal system or into the ground of any materials that may contaminate any domestic water supply source or surface waters, or that may otherwise cause the emission of dangerous or offensive elements. The standards of the State Department of Health and the Department of Environmental Quality (DEQ) shall prevail.
   C.   Storage Of Flammable Materials: All flammable materials shall be stored in accordance with the latest edition of the Fire Code in a manner satisfactory to the Timberlake Fire District.
   D.   Lighting, Heat And Glare:
      1.   All lighting shall be arranged so as to not produce glare on public roadways and/or upon any neighboring residential properties.
      2.   Welding, acetylene torch, or other similar processes shall be performed so as to not be seen from outside the property lines.
      3.   All activities causing heat and glare shall be confined to its own site and shall not extend beyond its property lines.
   E.   Dust: All roadways, parking spaces, and storage areas shall be treated and maintained to effectively eliminate dust as a result of wind or usage. Open spaces shall be landscaped or otherwise maintained to effectively minimize dust and to enhance the aesthetic appearance of the use of the property.
   F.   Stormwater Runoff: All commercial uses shall collect and suitably dispose of stormwater runoff in accordance with DEQ’s catalog of best management practices. Any building permit application shall be accompanied by a drainage plan prepared by an engineer or landscape architect licensed to practice in the State of Idaho, and the approved stormwater runoff collection and disposal system shall be installed and functional prior to commencing the use or occupying the primary building on the property, whichever comes first.
   G.   Open Storage, Fence Required: All open storage, including, but not limited to, raw materials, finished products, machinery and equipment, and company owned or operated trucks and other vehicles, shall be enclosed by a 100% sight obscuring fence at least six feet (6') in height which obscures the view of the open storage area from adjoining properties and streets. Operable new or used automobiles, recreational vehicles, other vehicles, or machinery, normally displayed for sales purposes on an open lot, may be so displayed.
   H.   Refuse Containers: Refuse containers shall be screened from view by a one hundred percent (100%) sight obscuring fence that is a minimum of six feet (6') in height. (Ord. 263, 7-12-2005; amd. Ord. 445, 5-21-2024)

8-8C-1: DESCRIPTION AND PURPOSE:

The Light Industrial (LI) Zone is intended to accommodate certain industrial buildings, structures, and uses having physical and operational characteristics which might adversely affect the economic welfare of adjoining residential and commercial uses. These regulations are designed to permit those industrial uses which can be operated in a relatively clean, quiet, and safe manner compatible with adjoining industrial uses and without serious impact, danger, or hazard to nearby residential and commercial usage. Residential development is excluded, both to protect residences from an undesirable environment, and to ensure the preservation of adequate areas for industries, manufacturing, and processing of raw materials. (Ord. 263, 7-12-2005)

8-8C-2: PERMITTED PRIMARY USES:

No building, structure, or land shall be used, and no building, structure, or use in the Light Industrial (LI) Zone shall be erected, structurally altered, enlarged, or established, except for the following permitted uses:
   A.   The Administrator may impose specific conditions for implementation of any permitted use in the Light Industrial (LI) Zone for the purpose of ensuring compliance with the intent of this title and for ensuring the public health and safety.
   B.   Permitted primary industrial uses:
Agricultural uses of the land pertaining to crops.
Electronic instrument manufacturing and assembly.
Food and dry goods processing, packaging, and distribution operations.
Laboratories, experimental or testing.
Mini-storage facilities, provided outside storage must be within a sight obscuring fence or other enclosure.
Optical device manufacturing and assembly.
Precision instruments manufacturing.
Recording and sensory instrument or device manufacturing and assembly.
Remanufacture of lumber goods.
Research, development, and testing, including scientific research or experimental development of materials, methods, and products.
Warehousing and distribution.
Wholesaling.
Other uses which the Administrator determines to be similar in nature, function, and operation to permitted primary industrial uses in the zone. (Ord. 416, 3-21-2018)

8-8C-3: PERMITTED ACCESSORY USES:

   A.   Accessory Uses Permitted: The following accessory uses shall be permitted in the Light Industrial (LI) Zone:
      1.   Signs in conformance with the provisions set forth in chapter 13 of this title.
      2.   Portable storage containers, not associated with the active operation of an allowed railroad or trucking business, not exceeding 8' x 40' in size and three (3) in number, may be used for storage in the Light Industrial (LI) district. The container may not be set within any right of way, setback area, required parking space, or required landscape or drainage area. A building location permit shall be required prior to setting of the container.
   B.   Storage Restrictions:
      1.   All storage must be indoors or fully enclosed within an eighty percent (80%) sight obscuring fence at least six feet (6') in height.
      2.   Storage of petroleum in quantities of less than twenty thousand (20,000) gallons (total for any individual site) shall be belowground and shall meet National Fire Protection Association and Health and Welfare Department standards. (Ord. 263, 7-12-2005; amd. Ord. 430, 11-17-2020; Ord. 432, 4-20-2021)

8-8C-4: SPECIAL (CONDITIONAL) USES:

The following uses may be permitted in the Light Industrial (LI) Zone, subject to the approval of a special (conditional) use permit in compliance with the conditions and requirements set forth in chapter 7 of this title:
Agricultural uses of the land pertaining to livestock.
Fuel storage and distribution yards.
Kennels.
Manufacturing, processing, and fabrication uses not listed among permitted primary uses in the Light Industrial (LI) Zone.
Off premises advertising signs. (Ord. 263, 7-12-2005)

8-8C-5: SITE (LOT) AREA AND FRONTAGE:

The following site size and street frontage standards shall apply to all uses in the Light Industrial (LI) Zone:
   A.   The minimum site or parcel area for all sites shall be fifteen thousand (15,000) square feet.
   B.   Each site or parcel shall have a minimum width at the public street facing property line of one hundred feet (100'). (Ord. 416, 3-21-2018; amd. Ord. 445, 5-21-2024)

8-8C-6: YARDS AND LOT COVERAGE:

The following yard (setback) and lot coverage standards shall be observed by all uses in the Light Industrial (LI) Zone:
   A.   Street Frontage Yard: The minimum setback from any fronting street shall be ten feet (10') from the street frontage property line. The minimum setback from the flanking (side) street frontage for a corner lot shall be ten feet (10') from the flanking street frontage property line.
      1.   No building or fencing, nor any sight obstruction which constitutes a hazard to the traveling public, shall be permitted on any corner lot within the area designated as the “clear view triangle”, as defined in the “Supplemental Construction Specifications to the ISPWC & Design Standards,” as adopted by resolution of the City Council.
      Trees within the clear view triangle shall have their branches removed from ground level to a minimum of seven feet (7') above ground level, and shrubs within such clear view triangle shall be maintained at a maximum height of three feet (3') above ground level.
      2.   Fences with a maximum height of six feet (6') may be located along the fronting or flanking street property line outside the area encompassed by the clear view triangle and located such that any required landscaping along the frontage is outside the fence and visible from the street.
   B.   Rear Yard:
      1.   The rear yard setback from the rear property line shall be a minimum of five feet (5'), except where the rear property line abuts property in the Residential (R) Zone, in which case industrial buildings and structures (except fences) shall observe the rear yard setback requirement of the Residential (R) Zone.
      2.   Fences with a maximum height of eight feet (8') may be located on the rear property line.
   C.   Side Yard:
      1.   The side yard setback from the side property line shall be a minimum of five feet (5'), except where the side property line abuts property in the Residential (R) Zone, in which case industrial buildings and structures (except fences) shall observe the ten-foot (10") side yard setback requirement of the Residential (R) Zone.
      2.   Fences with a maximum height of eight feet (8') may be located on the side property line.
   D.   Exceptions: Where buildings and structures are subject to rear and side yard setbacks of the abutting Residential (R) Zone, the exceptions authorized in the Residential (R) Zone shall apply.
   E.   Lot Coverage: The maximum lot coverage for all development on light industrial-zoned property shall be eighty percent (80%). (Ord. 416, 3-21-2018; amd. Ord. 430, 11-17-2020; Ord. 445, 5-21-2024)

8-8C-7: HEIGHT LIMITS:

The height limit for all buildings and structures in the Light Industrial (LI) Zone shall be a maximum of 35', except where a side or rear property line abuts property in the Residential (R) Zone, in which case buildings and structures shall observe the height limits of the Residential (R) Zone. (Ord. 263, 7-12-2005; amd. Ord. 445, 5-21-2024)

8-8C-8: OFF STREET PARKING AND LOADING:

   A.   Parking and loading standards for uses in the Light Industrial (LI) Zone shall conform to the standards set forth in chapter 12 this title.
   B.   Where the parking requirements for a use are not specifically defined in this title, the parking requirements for such use shall be based upon the requirements for the most comparable use specified in this title, or other requirements based upon the best available information concerning the proposed use. (Ord. 416, 3-21-2018)

8-8C-9: PERFORMANCE STANDARDS:

All uses in the Light Industrial (LI) Zone shall be developed and used in a manner that complies with the following performance standards:
   A.   Compliance With Federal, State And Local Standards: All uses shall fully comply with all applicable Federal, State, and Municipal standards governing noise, vibrations, odors, air quality, smoke, hazardous materials, sanitary waste, and solid waste.
      1.   Further, no industrial use located within five hundred feet (500') of a Residential Zone shall emit any noise, vibrations, odors, or smoke between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M.
      2.   No obnoxious odors shall be emitted at any time.
   B.   Water Contamination: All uses shall be operated in such a manner that there is no discharge whatsoever into a public or private sewerage disposal system or into the ground of any materials that may contaminate any domestic water supply source or surface waters, or that may otherwise cause the emission of dangerous or offensive elements. The standards of the State Department of Health and the Department of Environmental Quality shall prevail.
   C.   Storage Of Flammable Materials: All flammable materials shall be stored in accordance with the latest edition of the Uniform Fire Code in a manner satisfactory to the Timberlake Fire District.
   D.   Lighting, Heat And Glare:
      1.   All lighting shall be arranged so as to not produce glare on public roadways and/or upon any neighboring residential properties.
      2.   Welding, acetylene torch, or other similar processes shall be performed so as to not be seen from outside the property lines.
      3.   All activities causing heat and glare shall be confined to its own site and shall not extend beyond its property lines.
   E.   Dust: All roadways, parking spaces, and storage areas shall be treated and maintained to effectively eliminate dust as a result of wind or usage. Open spaces shall be landscaped or otherwise maintained to effectively minimize dust and to enhance the aesthetic appearance of the use of the property.
   F.   Stormwater Runoff: All uses shall collect and suitably dispose of stormwater runoff in accordance with DEQ’s catalog of best management practices. Any building permit application shall be accompanied by a drainage plan, prepared by an engineer or landscape architect licensed to practice in the State of Idaho, and the approved stormwater runoff collection and disposal system shall be installed and functional prior to commencing the use or occupying the primary building on the property, whichever comes first.
   G.   Open Storage, Fence Required: All open storage, including, but not limited to, raw materials, finished products, machinery and equipment, and company owned or operated trucks and other vehicles, shall be enclosed by an eighty percent (80%) sight obscuring fence at least six feet (6') in height which obscures the view of the open storage area from adjoining properties and streets. Operable new or used automobiles, recreational vehicles, other vehicles, or machinery, normally displayed for sales purposes on an open lot, may be so displayed.
   H.   Industrial Fuel: Industrial activities shall use only electricity, natural gas, or oil for industrial fuel purposes.
   I.   Mining, Soil Stripping Operations: No industrial activities shall be permitted which involve mining, extraction, filling, or soil stripping operations.
   J.   Refuse Containers: Refuse containers shall be screened from view by a one hundred percent (100%) sight obscuring fence that is a minimum of six feet (6') in height. (Ord. 263, 7-12-2005; amd. Ord. 445, 5-21-2024)