Building and structure heights shall be in accordance with the Building Code as adopted by County ordinance. Height limitations do not apply to structures not intended for human habitation (i.e., spires, cupolas, antennas, water tanks, chimneys or other equipment placed above the roof level or bridges) except when the placement of such a structure would create a hazard to the safe landing and takeoff of aircraft at an established airport or otherwise specified in this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of the intersection roads in the area bounded by the right-of-way. Visibility will not be impeded at any intersection. Distances for visibility will be governed by Idaho Code section 49-221 or the Bingham County Public Works Department Street Standards respectively. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The following setback distances shall apply to all permitted uses:

 

 

Notes:

   1.    Vehicles per day.

   2.    See subsection 10-6-8D of this chapter for exception to 50 feet.

   A.   Potato storage buildings with a loading and unloading entrance facing onto a road right-of-way shall maintain a one hundred fifty foot (150') setback.

   B.   Temporary roadside stands shall be located at least ten feet (10') from the right-of-way or easement and shall not create a traffic hazard.

   C.   Road designation classifications and minimum road rights- of-way are subject to change and shall be set by the Bingham County Public Works Department as approved by the Board and delineated in the Official Functional Classification Map.

   D.   Power transmission lines shall meet setback distances from State or County rights-of-way as determined by the appropriate transportation authority. This approval must be submitted with the conditional use permit application. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The following setback distances shall apply; additional setback areas may be required by chapter 7 of this title based on specific use requirements:

 

Note:

   1.    See subsection 10-6-3A of this chapter for additional setbacks.

(Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Structures, other than canal structures, shall not encroach on any water right-of-way. The required setback from property lines may be included in the following requirements:

 

 

Note:

   1.   Unless approved in writing by the Canal Board for less setback.

(Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Area requirements vary between zones, and the following minimum size requirements shall apply:

   A.   In all zones outside a platted subdivision, any approved residential parcel shall be a minimum of one acre using division rights. A minimum of 5.01 acres is required for a nonresidential agricultural exemption parcel.

   B.   Platted subdivisions shall require the following minimum lot sizes:

      1.   R and R/A Zone: One acre minimum with individual well and septic.

      2.   R Zone: One-half (1/2) acre with well or septic coupled with an appropriate shared community water or septic system.

      3.   R Zone: One-fourth (1/4) acre with both community well and community septic system.

      4.   A and A/NR Zone: Five (5) acre minimum.

      5.   C and M Zone: One acre minimum unless otherwise approved by the Board. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   All new lots, tracts, or parcels of land created after the effective date hereof shall have frontage that abuts an approved County or State roadway or private easement for a depth of twenty feet (20') from said roadway and have a minimum frontage of one hundred five feet (105') on said roadway or easement. Lots with legal frontage under previous ordinances or meeting the above requirements shall be considered conforming lots.

   B.   All new lots, tracts, or parcels of land created after the effective date hereof within subdivisions with lots of less than one acre or the platted Town sites of Goshen, Groveland, Moreland, Pingree, Riverside, Rockford, Springfield, Sterling, Thomas, Wapello, and Woodville shall have frontage that abuts an approved County or State roadway or private easement for a depth of twenty feet (20') from said roadway and have a minimum frontage of seventy five feet (75') on said roadway or easement.

   C.   New lots on a cul-de-sac radius or other dead end roads shall have frontage that abuts an approved County or State roadway or private easement and have a minimum frontage of fifty feet (50') with a minimum depth of twenty feet (20'). (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

It is the intent of this title to provide for orderly development that ensures the public has adequate access for emergency equipment and other public services. Therefore, residential or commercial buildings erected or moved onto any lot, tract, or parcel of land in any zone that does not abut a maintained road that is accepted by Bingham County or the State of Idaho must have access to a private road or easement and the following regulations shall apply:

   A.   Outside of a platted subdivision, or within a platted subdivision with four (4) or less buildable lots, the use of a private road or recorded easement for access to a residential or commercial building may be allowed. For residential purposes, use is limited to four (4) single-family dwellings.

   B.   The construction used for private roads and easements for residential or commercial access shall be adequate for safety vehicles as per the Fire Code.

   C.   The easement or private road shall have a minimum right-of- way width of fifty feet (50') and shall be recorded on the property deed and shall be located on property meeting the requirements of section 10-6-7 of this chapter. If the easement or private road serves only two (2) dwellings or less, the width may be reduced to twenty feet (20') with written approval of all landowners served or crossed and the appropriate fire district.

   D.   Property owners using said easement or private road for access to their property shall acknowledge that County road maintenance or services are not provided and that the County shall not be held liable for any reason concerning said easement or private road. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Outside of a platted subdivision, a parcel's boundary may be adjusted between two (2) or more parcels with the following regulations:

   A.   This adjustment may not create additional buildable residential parcels.

   B.   This adjustment may not reduce an existing lot or parcel to less than the minimum dimensional standards for the applicable zone.

   C.   This adjustment may not affect any required setbacks from easements, public streets, private roads or publicly dedicated areas.

   D.   This adjustment cannot be used for transferring division rights from one original parcel adjacent to another original parcel unless approved by a conditional use as per chapter 8 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The following parking and loading criteria are intended to minimize street congestion and traffic hazards, to provide safe, convenient access to business, public services and places of public assembly, and to visually improve parking area appearances:

   A.   Off Street Parking Required; Ingress And Egress: At the time of construction of any structure, or at the time any such structure or use of land is enlarged or increased in capacity, there shall be provided off street parking, including adequate provisions for safe ingress and egress.

   B.   Existing Use Changed To New Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.

   C.   Existing Buildings Not Deemed Nonconforming Due To Off Street Parking: No lawfully existing building shall be deemed nonconforming solely due to the lack of required parking or loading facilities; provided, that space being used for off street parking or loading on the effective date hereof is not further reduced in area of capacity.

   D.   Fractional Number For Calculated Number Of Spaces: When the calculation of the required number of spaces called for herein results in a fractional number, fractions equal to or greater than one-half (1/2) shall be adjusted to the next highest whole number of spaces.

   E.   Uses Not Listed In Chapter: Parking space requirements for a specific use not listed in this chapter shall be based on a use with similar traffic generating characteristics.

   F.   Minimum Width And Length: All off street parking areas shall have a minimum width of ten feet (10') and a minimum length of twenty feet (20') per space.

   G.   Wheel Restraints: All off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property.

   H.   Symbols And Signs: Parking spaces, access lanes, and handicapped areas should be marked with symbols and signs that comply with the Manual of Uniform Traffic Control Devices.

   I.   All Weather Surface: Every open off street parking area having more than four (4) required parking spaces shall be all weather surfaced, including access driveways.

   J.   Parking Facilities For Several Buildings: Off street parking facilities for several buildings, structures or uses, or for mixed uses, may be provided collectively if the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses.

   K.   Illumination Of Parking Areas: Lights to illuminate off street parking areas shall be shielded and directed away from residential properties and highways, and such parking areas shall be effectively screened from any adjoining side property in a residential zone by a wall, solid fence, or hedge of a minimum height of six feet (6') or with an approved buffer area.

   L.   Parking Spaces Upon Same Premises As Dwellings: Required parking spaces for dwellings shall be upon the same premises as the dwelling, and no parking space shall be located in any public right-of-way.

   M.   Handicap Accessible Parking: In addition to required parking as defined in this section, hard surface handicapped parking spaces shall be provided in all parking lots in a ratio as determined by chapter 1106 of the International Building Code (IBC), as amended, and shall be one and one-half (11/2) times as wide as a regular parking area.

   N.   Stormwater: All parking lot facilities shall be designed and constructed to ensure that all surface waters will drain into an approved stormwater retention or removal system and shall minimize the discharge of any pollutants into surface water drainage by including oil, grease, or silt traps.

   O.   Commercial And Industrial Development: Commercial and industrial development shall meet the following:

      1.   Access roads to parking spaces for commercial and manufacturing uses shall not be less than twelve feet (12') wide if the traffic pattern is one-way and twenty four feet (24') wide if the traffic pattern is two-way.

      2.   Maneuvering space shall be adequate for entry and exit from parking spaces within the parking lot and not within the public right-of-way.

      3.   Retail and service uses that conduct business while customers remain in their vehicles shall provide a circulation pattern that separates drive-through traffic from stopover customers. Separation may be paint striped lanes or any other approved type of separation barrier from the point of access to the stacking area. Separation lanes shall be a minimum of ten feet (10') in width.

      4.   Stacking area shall accommodate a minimum of four (4) cars per drive through window. A separation shall be provided between cars waiting and other on site traffic.

   P.   Loading: Any structure for a commercial or industrial use having a gross floor area of five thousand (5,000) or greater square feet shall be required to provide and maintain at least one off street loading space. One additional off street loading space shall be required for every subsequent twenty thousand (20,000) square feet of gross floor space. Each loading space shall be not less than fourteen feet (14') in width and forty feet (40') in length and shall have a minimum of fourteen feet (14') of vertical clearance.

   Q.   Spaces For Maximum Number Of Vehicles Anticipated: Parking spaces shall be provided for the maximum number of vehicles anticipated for all applicable types of uses or occupancies on the property at any one time. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)