Bingham County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 7
SPECIFIC USE PERFORMANCE STANDARDS
10-7-1: PURPOSE:
Certain land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses as provided for in this chapter shall be adhered to in additions to all other provisions of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-2: ACCESSORY STRUCTURE WITH LIVING SPACE AND CARETAKER'S RESIDENCE:
A. Each lot, tract, or parcel of property, considered a buildable residential parcel by this title, shall be allowed one accessory dwelling unit, once they receive an approved building permit. The following provisions shall apply:
1. The owner of the real property shall be the applicant.
2. The proposed location shall consist of a parcel with a minimum of two (2) acres unless otherwise approved by a conditional use permit.
3. The accessory use must meet setback requirements and all other provisions of this title.
4. The applicant must obtain approval for water and sanitary facilities from the health authority.
5. The residential portion must meet all the requirements of this title and the Building Code as per residential uses.
B. The accessory use structure may not be sold as a separate parcel.
C. The residential portion of the accessory use structure may not exceed fifty percent (50%) of the gross floor area unless otherwise approved by a conditional use permit.
D. In commercial or manufacturing zones, a caretaker's residence shall be allowed with the same provisions as above, excluding subsection C of this section; provided:
1. The employee housing or mobile home space where housing could be connected to services may not be used as a rental unit for a nonemployee caretaker.
2. The applicant shall provide employee verification for the occupant and a signed statement that the residence shall be removed when it is no longer utilized as employee housing.
E. Temporary construction housing may be permitted for remote commercial or industrial projects using the same provisions as subsection D of this section, but are limited to the duration of the project and use of RV or bunkhouse modular housing. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-3: ADDITIONAL DWELLING UNIT, FARM HELP RESIDENCE:
A. All bona fide farm, ranch, or dairy operations may have up to two (2) additional permitted dwellings on one parcel with a minimum of a five (5) acre parcel for full time employees. The following provisions shall apply:
1. The owner of the real property shall be the applicant.
2. The residential location shall be on an operating farm, ranch or dairy.
3. The residence must meet setback requirements and all other provisions of this title.
4. The applicant must obtain approval for water and sanitary facilities from the health authority.
5. The residence must meet all the requirements of this title pertaining to residential uses.
B. The farm dwelling may not be sold as a separate parcel.
C. The employee housing or mobile home space where housing could be connected to services may not be used as a rental unit for nonfarm labor. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-4: ADDITIONAL DWELLING UNIT, TEMPORARY:
A. A temporary dwelling to reside in during the construction or renovation of an existing or newly permitted primary dwelling is allowed, with an approved building permit, on any buildable residential lot, but must be removed within thirty (30) days of occupancy of the primary dwelling.
B. Each lot, tract, or parcel of property, considered a buildable parcel, shall be allowed one additional temporary dwelling for a medical hardship; a conditional use permit shall be required. The conditional use permit shall be based on the following provisions:
1. The owner of the real property shall be the applicant.
2. The proposed location shall consist of a parcel with a minimum of two (2) acres unless otherwise approved by the conditional use permit.
3. The temporary residence must meet setback requirements and all other provisions of this title.
C. Detached temporary dwelling units shall be located to the side or rear of a primary dwelling. No portion of the temporary dwelling unit shall be located in front of the primary dwelling unit.
D. At least one parking space shall be provided on site for the temporary dwelling unit in addition to the required parking for the existing residential unit.
E. The temporary residence must obtain approval for water and sanitary facilities from the health authority.
F. The application must include a current statement by a licensed physician attesting to the existing medical condition and need for assistance thereof.
G. The applicant must provide a statement that the temporary second dwelling will be removed upon termination of occupancy by either the dependent or care provider or is not in compliance with conditional use permit conditions.
H. In the event the property is sold or leased, the conditional use permit is not transferable to the new owner(s) of the property. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-5: ADULT ENTERTAINMENT ESTABLISHMENT:
A. A conditional use permit shall be required for all adult entertainment facilities demonstrating compliance with the setback provisions of Idaho Code section 67-6533. The selling of sexually explicit material or obscene conduct is regulated by Idaho Code title 18, chapter 41.
B. 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.
C. All adult entertainment establishments shall comply with the sign regulations of section 10-7-31 of this chapter. 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.
D. 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 in area. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-6: ALCOHOL SERVING ESTABLISHMENT:
A. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment.
B. For properties within one thousand feet (1,000') of a residential zone, no outside activity or event shall be allowed on the site. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-7: AMUSEMENT FACILITY, INDOORS AND OUTDOORS:
A. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100') from any abutting residential zones. The playing areas of golf courses, including golf tees, fairways and greens are an exception to this standard.
B. Any outdoor event or activity center located adjacent to a residential zone shall be limited to outside use only between the hours of seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M.
C. Accessory uses include, but are not limited to: retail, equipment rental; restaurant and drinking establishments may be allowed if designed to serve patrons of the use only.
D. All outdoor public address systems shall be located a minimum five hundred feet (500') from any residential or residential/agriculture zone.
E. Additional standards for swimming pool: Any outdoor swimming pool shall be completely enclosed within a six foot (6') nonscalable fence that meets the requirements of the Building Code.
F. Additional standards for outdoor stage or musical venue: Any use with a capacity of one hundred (100) seats or more and within one thousand feet (1,000') of a residential zone shall be subject to approval of a conditional use permit. This applies to one time and seasonal events also.
G. Amusement facilities shall have adequate parking as per chapter 6 of this title.
H. Amusement facilities shall have Health Department approval for sanitary and washing provisions to meet all the needs of anticipated attendees.
I. Seasonal or one time events or concession stands not exceeding ten (10) calendar days per event, or forty five (45) calendar days (within 1 year) of intermittent use do not require a conditional use permit when they comply with all above requirements. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-8: BULK STORAGE OF HAZARDOUS OR FLAMMABLE LIQUIDS AND GASES:
Facilities for storage of hazardous or flammable substances for resale shall be erected subject to the following:
A. The facility for aboveground tanks shall be enclosed by an eight foot (8') high security fence or wall with the entrance and exit through a gate that shall be locked during nonbusiness hours.
B. When adjacent to a residential zone, all structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line and all tanks shall be located a minimum of one thousand feet (1,000') from a property line adjacent to a residential zone.
C. The applicant must furnish written documentation showing a review from the appropriate fire district and/or DEQ; listing any conditions placed upon the use and how they will comply with those conditions.
D. Approved loading and unloading spaces and off street parking facilities will be required as listed in this title.
E. Construction will meet the criteria of the current Building Code as adopted by Bingham County.
F. This section does not apply to retail service stations or convenience stores that also dispense propane unless they are in a residential zone. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-9: CARE FACILITY REGULATIONS:
A. General Standards: Idaho Code sections 39-1109 and 39-1110 and IDAPA will be used to determine the type of care facility.
1. In determining the type of daycare facility, the total number of clients cared for during a twenty four (24) hour period at the facility shall be used.
2. On site vehicle pick up, parking and/or turnaround areas shall be provided to ensure safe discharge and pick up of clients.
3. The applicant or owner shall secure and maintain a basic daycare license from the State of Idaho Department of Health and Welfare, Family, and Children's Services Division and all required license(s) from the local, State, and/or Federal agencies.
4. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive.
5. In residential zones, no structural alterations to a residential building are allowed which result in changing the exterior residential character of the building.
B. Babysitting: The occasional care of a neighbor, relative or a friend's child or children by a person as defined by Idaho Code section 39-1103(1). Babysitting does not need licensing in Bingham County and is not regulated by this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
C. Child Daycare Facility: The care, control, supervision or maintenance of children for twenty four (24) hours a day which is provided as an alternative to parental care (IDAPA 16.06.02.010).
1. Family Home Care: A home or place providing care for one to three (3) children. No licensing necessary and is not regulated by this title.
3. Group Daycare Home: A home, place, facility providing daycare for seven (7) to twelve (12) children (IDAPA 16.06.02.010).
4. Daycare Center: A place or facility providing daycare for compensation for thirteen (13) or more children (IDAPA 16.06.02.17).
D. Adult Daycare: Adult daycare is a supervised, structured day program, outside the home of the participant that may offer one or more of a variety of social, recreational, health activities, supervision for safety, and assistance with activities of daily living (IDAPA 16.05.06).
2. Assisted Living Care Facility/Residential Care: A facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals, and lodging to three (3) or more adults not related to the owner (IDAPA 16.03.22). (Ord. 2012-08, 10-9-2012, eff. 10-26-2012; amd. 2018 Code)
E. Group Residence:
1. A place or facility that provides care and supervision for compensation for eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons that reside and who are supervised at the group residence in connection with their handicap or age related infirmity as per Idaho Code section 67-6531.
2. Resident staff, if employed, need not be related to each other or to any of the mentally and/or physically handicapped or elderly persons residing in the group residence as per Idaho Code section 67-6531.
3. The Department of Health and Welfare may require group residences, as defined in Idaho Code section 67-6531, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules specifically written by the State for such group residences. No conditional use permit shall be required unless it is also required for single-family dwellings as per Idaho Code section 67-6532.
F. Hospital: A medical institution licensed by the State that is devoted to the maintenance and operation of facilities for the medical or surgical care of patients twenty four (24) hours a day, including air transport facilities. The term hospital does not include health care and social services, nursing and residential care facility, or establishments that forcibly confine patients.
1. No hospital shall be located within one thousand feet (1,000') of the following uses: explosive manufacturing or storage; adult entertainment establishments; flammable substance storage; foundry; freight and truck terminal; manufacture or processing of hazardous chemicals; power plant; food product storage or processing plant.
2. If the hospital provides emergency care, the location shall have direct access on an arterial street.
3. 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. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
G. Nursing/Convalescent Home:
1. A facility designed to provide area, space, and equipment to meet the health needs of two (2) or more individuals who, at a minimum, require inpatient care and services for twenty four (24) or more consecutive hours for unstable chronic health problems requiring daily professional nursing supervision and licensed nursing care on a twenty four (24) hour basis, restorative rehabilitative care and assistance in meeting daily living needs. Medical supervision is necessary on a regular, but not daily, basis as per Idaho Code title 54, chapter 16 (IDAPA 16.03.02.002). (Ord. 2012-08, 10-9-2012, eff. 10-26-2012; amd. 2018 Code)
2. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the Building Code. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-10: CONFINED ANIMAL FEEDING OPERATION (CAFO):
A. Establishment: To establish an orderly procedure to regulate the placement, construction or expansion of a confined animal feeding operation (CAFO) within Bingham County. Bingham County does not have the resources or authority to enforce State or Federal environmental laws. However, it is the intent of the Board to require all CAFOs operating in Bingham County to obtain and be in compliance with all applicable Federal and State Environmental Standards, to be sited within approved zones, and to meet certain development standards. The Board also feels that it is appropriate to take advantage of all resources and assistance available from other government agencies in making CAFO permit decisions.
B. Compliance The specific provisions of this section control when other portions of this title are inconsistent with provisions of this section. Any action taken by Bingham County pursuant to this section does not ensure that the applicant is in compliance with any other provisions of applicable State, Federal or local laws, rules, and/or regulations.
C. General Requirements: CAFOs are subject to the following requirements:
1. A conditional use permit is required for all new CAFOs or the expansion of an existing CAFO that constitutes a significant change.
2. Zones allowing CAFOs are listed on the land use chart in this title.
3. A CAFO shall comply with and not be in violation of any Federal, State or other local laws, regulations, or guidelines.
4. Odor management and pest control shall meet and utilize the most current Idaho Department of Agriculture Best Management Practices.
5. Other applicable DEQ or EPA regulations.
D. Required Setbacks For New CAFO Or Expansion Of Existing CAFO:
Specific Location | Distance | From |
Specific Location | Distance | From |
Existing CAFO facility expansion | 300 feet | County road right-of-way |
300 feet | State road right-of-way | |
1,000 feet | A residence not associated with the CAFO1 | |
50 feet | Water's edge of any canal, lateral, or ditch | |
100 feet | Live water (lakes, rivers, and/or streams) | |
300 feet | Well for potable water not associated with the CAFO | |
Liquid waste separator, holding pond, treatment lagoon, storage facilities | 300 feet | State road right-of-way |
1,000 feet | A residence not associated with the CAFO1 | |
50 feet | Water's edge of any canal, lateral, or ditch | |
100 feet | Live water (lakes, rivers, and/or streams) | |
300 feet | Well for potable water not associated with the CAFO | |
Composting | 300 feet | County road right-of-way |
300 feet | State road right-of-way | |
1,000 feet | A residence not associated with the CAFO1 | |
50 feet | Water's edge of any canal, lateral, or ditch | |
100 feet | Live water (lakes, rivers, and/or streams) | |
300 feet | Well for potable water not associated with the CAFO | |
New CAFO facility | 1,000 feet | Residential/Agriculture Zone boundary |
1,000 feet | Residential Zone boundary | |
1,000 feet | Commercial Zone boundary | |
2 miles | All incorporated cities | |
Note:
1. New residences not associated with the CAFO shall meet the 1,000 foot setback or provide a recorded acknowledgement of potential CAFO nuisance conflicts.
(Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-11: CEMETERY:
Graves and monuments shall not be located within fifteen feet (15') of any external property line. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-12: CHEMICAL, PESTICIDES, FERTILIZER STORAGE AND MANUFACTURING:
Storage of chemicals, pesticides and fertilizers for wholesale, resale or as part of a manufacturing facility shall be subject to the following:
A. The applicant must furnish evidence that the facility will comply with DEQ or other regulatory agencies.
B. A buffer may be required within the required setback from property line.
C. Approved loading and unloading spaces and off street parking facilities will be required.
D. A secondary retaining area will be required. The secondary retaining area shall be large enough to hold up to the amount of the largest tank located in the retaining area.
E. Setbacks for structures are to be from the secondary containment area.
F. There shall be no uncontained outdoor storage of chemicals and/or fertilizers.
G. Construction of all facilities shall meet the criteria listed in the approved County Building Code. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-13: CONTRACTOR'S YARD:
A. All structures or outdoor storage areas shall be located a minimum of one hundred feet (100') from any residential zone.
B. Outdoor storage areas shall comply with the following requirements:
1. All outdoor storage of material or equipment shall be maintained in an orderly manner screened by a view obscuring fence. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.
2. Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
C. The site shall not be used as a junkyard, vehicle wrecking yard, storage of junk, wrecked cars or parts, or used for salvaged material as herein defined.
D. All material stored within the yard must be pertinent to the type of contracting business.
E. Any repair of equipment will be limited to that of the permitted use. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-14: EQUIPMENT RENTAL, SALES AND SERVICE:
All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. All sales and equipment storage areas must be screened on all sides and back by a six foot (6') sight obscuring fence unless otherwise approved by a conditional use permit as per chapter 8 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-15: FARM ANIMALS:
A. The following regulation shall apply in R and R/A Zones that allow animals other than household pets:
1. Minimum lot size must be one acre to have animals other than household pets. Area requirements specified are inclusive of land used for other purposes such as dwellings, accessory buildings, gardens, driveways, etc.
2. An accumulative total of three (3) animal units are allowed per acre.
3. Animals other than household pets are only allowed on residential lots of less than one acre by approved conditional use permit.
B. A and A/NR Zones shall not be regulated in the number of animals per acre unless a CAFO or feedlot is created.
C. C and M Zones, not in conjunction with a bona fide agriculture operation shall be determined by conditional use permit as per chapter 8 of this title.
D. For animals not listed, the Administrator shall determine the number of animals allowed based on the area requirements of the closest related animal. Such determinations may be appealed as per section 10-10-1 of this title. An approved conditional use permit may allow additional animals.
E. All animal units (AU) shall be based on the following unit equivalents:
AU Value | Number Per Acre1 |
AU Value | Number Per Acre1 | ||
Beef/bison: | |||
1 bull (mature) | 1.5 unit | 2 | |
1 slaughter/feeder cow | 1.0 unit | 3 | |
1 dairy heifer | 1.0 unit | 3 | |
1 beef cow/calf pair (up to 6 months) | 1.2 unit | 2 | |
1 dairy cow | 1.5 unit | 2 | |
1 feeder calf (6 month - 1 year) | 0.5 unit | 6 | |
1 calf (up to 6 months) | 0.2 unit | 15 | |
Horses: | |||
Over 1,000 lbs. or mare w/foal | 1.5 unit | 2 | |
Over 500 lbs. and under 1,000 lbs. | 1.0 unit | 3 | |
Under 500 lbs. | 0.5 unit | 6 | |
Swine: | |||
1 swine (over 55 lbs.) | 0.4 unit | 7 | |
1 feeder pig (up to 55 lbs.) | 0.2 unit | 15 | |
Sheep, lambs, goats: | |||
1 sheep or lamb | 0.2 unit | 15 | |
1 goat | 0.2 unit | 15 | |
Chickens, turkeys, ducks, geese: | |||
Chickens | 0.01 unit | 300 | |
Turkeys | 0.02 unit | 150 | |
Ducks | 0.01 unit | 300 | |
Geese | 0.02 unit | 150 | |
Penned rabbits: | |||
Rabbit | 0.01 unit | 300 | |
Fish or species not specifically identified: | |||
500 lbs. | 1.0 unit | 1,500 lbs. | |
Note:
1. The number per acre column is only for convenience and does not include the aggregate total of other animal groups on the same parcel.
(Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-16: FEEDLOTS:
A. Corrals or holding area for the impoundment of livestock for market or production not incident to farm or ranch livestock operation of CAFO.
B. Any parcel of land containing twenty (20) acres or less having greater than five (5) animal units per acre, or any parcel of land containing twenty (20) acres or more having a minimum of one hundred (100) animal units in a corral for more than one hundred eighty (180) days or more in any twelve (12) month period.
C. Must be located at least one-fourth (1/4) mile or greater distance from any residential zone or incorporated city unless this distance is specifically reduced as part of the conditional use permit. Excluding any feeding operation controlled under Idaho Department of Agriculture. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-17: FOOD PRODUCTS PROCESSING:
A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of three hundred feet (300') from any abutting residential zones.
B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital.
C. 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 U.S. Environmental Protection Agency, the U.S. Department of Agriculture, Idaho Department of Environmental Quality (DEQ), Idaho Department of Agriculture, Idaho Department of Water Resources, and Central District Health Department, as applicable. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-18: FUEL SALES FACILITY AND TRUCK STOP:
A. General standards:
1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty five percent (25%) of the subject property.
2. 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.
B. Additional standards for fuel sales facility, truck stop:
1. The use shall be located on a State highway (arterial) or near an I-15 interstate interchange.
2. The use shall be located a minimum of three hundred feet (300') from any residential zone and a minimum of one thousand feet (1,000') from any hospital. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-19: GRAVEL PITS, ROCK QUARRIES, SAND AND CLAY PITS:
A. Pits and excavation shall be maintained, so that they are free from debris and waste material and the bank shall have a slope of not more than thirty five degrees (35°) except during active removal.
B. A buffer zone of not less than one hundred feet (100') shall be maintained during the operation of the site. Trees and other types of noise and dust reduction may be required to be placed in the buffer area if the site is adjacent to a residential use, prior to obtaining any permit.
C. A reclamation plan, approved by the appropriate State agency, shall be on file with the Planning and Zoning Department in advance of issuing a zoning permit. Due consideration shall be given to what is suitable and compatible with the surrounding area.
1. Result in the smallest amount of bare ground exposed for the shortest time feasible.
2. Restore topsoil or loam to a depth of not less than four inches (4").
3. Revegetate/plant with native plants.
D. Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for loading, measuring, or weighing salable materials in storage, shall be entirely removed from the property.
E. Crushing of materials shall be conducted within the pit and shall be subject to conditions placed on dust, noise, and hours of operation as determined by the commission and/or any other State or Federal agency.
F. Development agreements, bonding, or other monetary measures may be required to guarantee rehabilitation of the site.
G. Filling, grading, lagooning, dredging or other earth moving activities shall:
1. Provide temporary groundcover such as mulch, except during active removal.
2. Use diversions, silting, basins, terraces and other methods to trap sediment.
3. Avoid creation of fish trap conditions.
4. Not restrict a floodway, channel or natural drainway.
5. Construct and stabilize sides and bottoms of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.
6. Not have below grade excavation except for drainageways within fifty feet (50') of any external property line, canal or public right-of-way. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-20: HOME OCCUPATION:
A. The provisions of this title specifically require commercial and manufacturing businesses to be located in the appropriate zone. However, it is not the intent of this title to prohibit Bingham County residents from conducting a home business. Home occupation businesses are exempt from the permitting process unless the business exceeds any of the following, in which case a conditional use permit may be obtained as per chapter 8 of this title:
1. Not more than one additional full time employee shall be employed. Family members and part time help are exempted.
2. The use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character of the dwelling or adversely affect any uses permitted in the zone where the home occupation is located.
3. No external alterations or additions may be added to the dwelling not customarily associated with a family residence, such as storefront appearance or exterior lighting.
4. Does not create noise, vibration, fumes, or electrical interference that is detectable off site.
5. The use conducted within the dwelling is not more than fifty percent (50%) of the gross area of the home.
6. The home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in a detached accessory structure of up to one thousand five hundred (1,500) square foot and up to two (2) stories.
B. Off street parking shall be provided as set forth in chapter 6 of this title in addition to the required off street parking for the dwelling and shall not impede the traffic flow or off street parking of neighboring uses.
C. One unlighted sign not more than four (4) square feet in area is permitted.
D. No mechanical or electrical equipment shall be installed or maintained that involves installation of a larger service other than what is normal for a residential purpose.
E. A home occupation must be in full compliance with all health and safety regulations.
F. A home occupation permit does not override or supersede any restrictive covenants or deed restrictions that may pertain to the subject property.
G. A home occupation may not be used for an automobile, truck or engine repair shop.
H. All home occupations must meet the Building Code occupancy separation requirements, and all Health Department and relevant State regulations.
I. No equipment, vehicles or materials shall be placed or parked in a manner as to create a hazard to any public roadway or neighboring driveways.
J. The home occupation shall not serve as a headquarters or main office where multiple employees come to the site and are then dispatched to other locations unless approved by a conditional use permit as per chapter 8 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-21: HOTEL OR MOTEL:
A. Accessory uses including, but not limited to, restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of section 10-7-6 of this chapter.
B. A conditional use permit shall be required for any hotel or motel use that adjoins a residential zone or an existing residence. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-22: LIVESTOCK AUCTION YARDS, MEAT PACKING AND SLAUGHTER FACILITIES:
A. These facilities shall be designed and located with full consideration of their proximity to adjacent uses, their effect on adjacent and surrounding properties, and to the reduction of such nuisance factors as odor and noise.
B. These facilities shall be adequately maintained with housekeeping practices that prevent the creation of a nuisance, and shall also be subject to health authority and DEQ requirements regulating the elimination of waste materials and maintaining water quality. All waste products must be contained to eliminate odor. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-23: MULTI-FAMILY DEVELOPMENT:
Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section.
A. Purpose:
1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents.
2. To create quality buildings and designs for multi-family development that enhance the visual character of the community.
3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood.
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties.
2. All on site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street.
3. For the purposes of this section, vehicular circulation areas, parking areas and private usable open space shall not be considered common open space.
4. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area.
5. The parking shall meet the requirements set forth in chapter 6 of this title.
6. Developments with twenty (20) units or more shall provide the following:
a. A property management office;
b. A maintenance storage area;
c. A central mailbox location, including provisions for parcel mail that provides safe pedestrian and/or vehicular access;
d. A directory and map of the development at an entrance or convenient location for those entering the development.
7. Common open space shall be not less than four hundred (400) square feet in area per unit and shall have a minimum length or width dimension of twenty feet (20').
8. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units.
9. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet (4') in height.
10. Multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as approved by the commission.
11. Multi-family developments shall provide a copy of the legally binding documents that state the maintenance and ownership responsibilities, for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-24: PLANT NURSERY, WHOLESALE OR RETAIL:
A. Outdoor mechanical equipment, including, but not limited to, heaters and fans, shall not be located within five feet (5') of a property line. To facilitate reduction of noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible.
B. Long term outdoor storage shall be screened from adjacent property and shall not be located within the required setback, parking, loading or unloading areas, and may not impede vehicle or pedestrian traffic. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-25: PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE:
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. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality and the appropriate fire authority.
C. No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined.
D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks.
E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-26: ROADSIDE STAND, AGRICULTURE:
A roadside stand shall not be larger than three hundred (300) square feet and shall be limited to the sale of agriculture products. The stand must meet the minimum required setback from a road right-of-way and must have adequate room for vehicle parking to prevent a traffic hazard. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-27: RECEPTION CENTER, WEDDING (OUTSIDE COMMERCIAL ZONE):
With a conditional use permit, these facilities may be located on land outside a commercial zone, containing no less than three (3) acres and shall meet the following:
A. Located with full consideration of their proximity and effect to adjacent use of property and the surrounding area, and to the reduction of such nuisance factors as lights, traffic and noise.
B. Be adequately maintained with housekeeping practices to prevent the creation of a nuisance.
C. Subject to the health authority requirements for adequate lavatory and hand washing facilities based on the maximum number of guests.
D. All food preparation and service on the premises will be subject to health authority requirements.
E. Dust controlled parking facility will be required with adequate ingress and egress as approved by the Public Works Department. Parking area will be marked and have a minimum of one space for every five (5) guests, plus one for every delivery and service vehicle.
F. Any other applicable restrictions deemed by the commission for safety. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-28: RECYCLING CENTER AND SOLID WASTE TRANSFER STATION:
A. The site shall be screened from the street(s) by a sight obscuring fence. The fence shall be of sufficient height so that no storage containers shall be visible above the required screening.
B. All grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance.
C. All mechanical equipment emissions; power driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding, or other processing activities necessary for efficient temporary storage and shipment of materials); and/or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential zones.
D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. All driveways shall be kept open and passable by emergency vehicles.
E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital.
F. Additional standards for recycling centers:
1. Any container provided for after hour donation of recyclable materials shall be a minimum of fifty feet (50') from any abutting residential zone, shall be of sturdy construction and shall have sufficient capacity to accommodate materials collected.
2. Except for after hour donation containers, no unsorted material shall be stored outside. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-29: SALVAGE YARD:
A. These facilities shall be completely enclosed by a minimum eight foot (8') sight obscuring fence, or berm, or barrier of a height that successfully obscures vision of the salvage yard contents.
B. A fence plan and materials list must be approved by the commission and the Building Department. All fence material(s) must be with new construction of eight foot (8') vertical metal or eight foot (8') chain link with sight obscuring slats. All required permits for the fence must be obtained prior to the start of construction. The fence must be completed and inspected prior to operating the salvage yard.
C. The storage of automobiles, junk, or salvage material shall not exceed the height of the fence and must be located within the confines of the fenced area.
D. Automobiles, junk, or salvage material shall not be stored outside the required fence and shall not be visible from a public right-of-way.
E. An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be on concrete or asphalt that has a means to collect and properly dispose of oils and fluids in the vehicles and be located within the confines of the fenced area.
F. Accessory uses, such as car crushing, must be approved by conditional use permit if located within five hundred feet (500') of a residence other than a dwelling that may be on site.
G. The permitted yard must have an adequate on site parking and loading area.
H. All approvals and requirements from State and/or local agencies must be obtained prior to the operation of the salvage yard. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-30: SCHOOL:
A. Accessory uses: Accessory uses including, but not limited to, daycare facilities, special events, community services, social services, meeting facilities for clubs and organizations, and school administration may be allowed.
B. Location criteria for elementary schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged.
C. Location criteria for middle schools and high schools: Middle and high schools may take access off a designated arterial or collector street.
D. An education institution with less than one hundred fifty (150) students may be exempt from the requirements for open space and landscaping as determined by the commission.
E. A conditional use permit shall be required for any education institution in which any of the following circumstances exist:
1. The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential zone.
2. The education institution includes lighted sports fields adjoining or within a residential zone.
3. The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day.
4. The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site.
F. Portable classrooms that are not indicated on an approved conditional use or certificate of zoning compliance shall require administrative approval. If the proposed use cannot meet all of the following specific use standards, the use shall require conditional use approval:
1. The portable classroom shall not be located in the front yard of the principal school structure.
2. The portable classroom shall not be located in any required yard setbacks.
3. The placement of the portable classroom shall not reduce the number of required off street parking spaces.
4. The portable structures shall comply with the currently adopted Building Code.
G. Additional standards for education institution, private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho State Department of Education.
H. Additional standards for vocational or trade schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-31: SIGNS:
Signs shall be considered structures. These regulations are not intended to and do not limit the lawful content of those signs allowed for general advertising purposes. All appropriate building permits and approvals from the Bingham County Public Works Department or Idaho Transportation Department shall be obtained before construction begins.
A. General Requirements:
1. Except for highway signs, no sign shall be located within any road right-of-way nor located to impede visibility at an intersection.
2. All signs shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Nothing in this Code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition and in a state of good repair.
3. No freestanding permanent sign shall be erected in the same horizontal plane with other signs unless spaced at least fifty feet (50') apart.
4. Signs shall not be permitted in the clear vision triangle as set forth by Idaho Code or Bingham County Public Works.
5. Applicable permits such as a building permit and/or a conditional use permit shall be obtained prior to the erections of sign(s).
B. Permitted Signs In Any Zone: The following types of signs, when not illuminated, do not require a conditional use permit but must comply with the applicable requirements of this subsection:
1. Any sign which is visible only from the parcel or building/structure on which it is located.
2. Active bona fide campaign or political signs.
3. Property signs advertising the availability of property for sale, lease, or rent, including realtor signs.
4. Home signs. An accessory sign or nameplate announcing the names of the owners or occupants of the premises, house numbers, nameplates or the name of the home occupation conducted thereon in accordance with subsection 10-7-20C of this chapter.
5. Memorial signs or tablets and names of buildings and dates of erection when cut into the surface or facade of the building.
6. Signs placed by a public utility showing the location of underground facilities.
7. Traffic or other signs required by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the Board.
8. Directional or informational signs bearing no advertising message located within a parcel, and signs not exceeding four (4) square feet in area, erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.
9. Temporary construction signs erected no more than ninety (90) days prior to the beginning of construction and removed within thirty (30) days after completion of construction.
10. Conventional flags, emblems or insignia of any national or political subdivision or corporation.
11. "No Trespassing" or "No Dumping" signs that do not exceed four (4) square feet in area per sign. Special permission may be obtained from the Administrator for larger signs where it can be demonstrated a unique hazardous or public nuisance conditions exist.
12. Historical signs or markers.
13. Subdivision identification signs: Two (2) subdivision identification signs are allowed per entrance on different sides of the entrance. Subdivision identification signs shall be a minimum of twenty feet (20') back from the right-of-way line of the perpendicular street.
C. Prohibited Signs In Any Zone: The following types of signs are prohibited in all zones:
1. Private signs within public right-of-way.
2. Signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic control device or with the safe and efficient flow of traffic.
3. Signs that emit any sound, odor or visible matter.
4. Abandoned signs.
5. Reader boards in all residential zones, except as approved with a conditional use permit.
6. Signs for illegal uses.
7. Signs with any offensive material prohibited by the State of Idaho.
D. Specially Permitted Signs:
1. Commercial advertising signs may be allowed with a conditional use permit in commercial or manufacturing zones with the following standards:
a. That the location and placement of the sign will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street driveway intersections.
b. That the sign will not cover or blanket any prominent view of a structure or facade of historical or architectural significance.
c. That the sign's lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto adjacent business or residential area.
2. There shall be an I-15 sign overlay located within an area three hundred feet (300') from and parallel to the right-of- way line of I-15 on both the east and west sides of the interstate. Freestanding signs and wall signs within the I-15 sign overlay shall comply with the following standards:
a. Not more than two (2) freeway oriented signs shall be allowed on any single building or structure.
b. A freestanding sign located within the I-15 sign overlay shall not exceed forty feet (40') in height.
c. The minimum distance between freestanding signs within the I-15 sign overlay is five hundred feet (500').
d. No freestanding freeway oriented signs shall be allowed in a residential zone except those that identify the property.
3. Public schools shall be allowed one on premises animated sign where the animation is a maximum of fifty percent (50%) of the sign background area, regardless of the zone in which the school is located. An alternative off premises location where it provides better information to the community may be allowed by a conditional use permit regardless of the zone. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-32: STORAGE FACILITY, OUTSIDE:
A. Materials shall be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.
B. The site shall not be used as "vehicle wrecking or junk yard" as herein defined.
C. Accessory outside storage shall be allowed for approved uses subject to the following standards:
1. Outside storage of materials for commercial or industrial uses shall be limited to those items owned or used by the business.
2. Outside storage of materials for a residential development or recreational vehicle park shall be only for recreational vehicles or personal recreation items of the owners and/or tenants.
3. Outside storage of materials for individual residential properties shall be screened with a six foot (6') site obscuring fence.
D. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-33: STORAGE FACILITY, SELF-SERVICE:
A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self- service storage facility is specifically prohibited.
B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use.
C. The distance between structures shall be a minimum of twenty five feet (25').
D. No structure, facility, drive lane, parking area, or loading areas shall be located adjacent to a residential zone without a solid berm or wall.
E. The facility shall have a second means of access for emergency purposes.
F. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.
G. The site shall not be used as "vehicle wrecking or junk yard" as herein defined.
H. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-34: TERMINAL, FREIGHT OR TRUCK:
A. The use shall be located with direct access on a principal arterial or near an interstate interchange, and with no access through residential streets.
B. No outdoor activity area shall be located within three hundred feet (300') from any residential zone.
C. The use shall be located a minimum of one thousand feet (1,000') from any hospital.
D. 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.
E. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality and the appropriate fire district. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-35: TOWER; BROADCAST, CELL, TELECOMMUNICATION:
A. Documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility:
1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC Standards Regarding Radio Frequency (RF) Emissions.
2. A report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for collocated antennas, and the minimum separation distances between antennas. The report must also include a description of the tower's capacity regarding the number and type of antennas that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request.
3. A statement regarding compliance with regulations administered and enforced by the Federal Aviation Administration (FAA).
4. 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 in the chosen location.
5. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following:
a. Description of the surrounding area, including topography.
b. Natural and manmade impediments, if any, that would obstruct adequate wireless telephone transmissions.
c. Physical site constraints, if any, that would preclude construction of a wireless communications facility on any other site.
d. Technical limitations of the system that limit siting options.
e. Statement indicating minimal interference with existing farming operations.
B. Design Standards: All new communications towers shall meet the following minimum design standards:
1. Towers and antennas shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by Federal or State authorities such as the Federal Aviation Administration. All metal shall be corrosive resistant or treated to prevent corrosion.
2. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right-of-way or property line.
3. The base of all towers shall be surrounded by an eight foot (8') chain link security fence.
4. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced.
5. All lighting on the tower, other than may be required by the FAA, shall be prohibited.
6. No signs or banners shall be attached to any portion of a wireless communications tower.
C. Setback Standards:
1. In addition to the setbacks found in sections 10-6-3 and 10-6-5 of this title, additional setback requirements shall be one fall height plus thirty feet (30'), from adjoining property lines and County road rights-of-way unless certified by an Idaho licensed engineer that the design will collapse upon itself or be designed to fall within a specific radius.
2. Only the accessory equipment building shall be permitted to be located within the fall zone.
D. Collocation Standards: A proposal for a new commercial communications tower should not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower.
E. Tower Designed For Additional Users: All proposed communications towers shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet (110') in height and for at least one additional user if the tower is over fifty feet (50') in height.
F. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be required to be removed within one hundred eighty (180) days of cessation of use as a wireless communication facility, unless a time extension is granted by the commission. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application.
G. Height Allowance; Conditional Use Permit; Notice: In accordance with Idaho Code section 67-6512, the Planning and Zoning Administrator shall notify property owners where a conditional use permit is requested by reason of height allowance that notice shall be provided individually by mail to property owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred feet (100') and within no less than one mile when the peak height of a structure in an unincorporated area is four hundred feet (400') or more and, when four hundred feet (400') or more, the structure's proposed location and height shall be stated in the notice.
H. Federally Licensed Amateur Radio Stations: This Chapter shall not govern any tower that is at or under seventy (70) feet in height and is owned and operated by an amateur radio operator licensed by the Federal Communications Commission (FCC). Support structures and antennas for private use on licensed frequencies may be constructed in any zone as a permitted use, however, an approved Building Permit is required. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012; amd. Ord. 2025-06, 6-11-2025)
10-7-36: TRANSMISSION LINE (POWER):
A. All transmission line siting and substations not specifically exempted under FERC regulations shall require a conditional use permit as per chapter 8 of this title.
B. The conditional use application shall contain the approving signatures of all landowners that the transmission line sets on or crosses. An owner signed letter of intent or easement is acceptable.
C. Electric substations and other utility structures shall be deemed outdoor storage areas and shall meet the standards in section 10-7-32 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. The applicant shall provide documentation that the tower and line locations will minimize impact on existing or future farming and crop spraying operations to the extent possible. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-37: VEHICLE IMPOUND YARD:
A. Outside storage and outside activity areas shall be maintained in an orderly manner so as not to create a public nuisance.
B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined.
C. All materials shall be stored within the required yards.
D. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.
E. Closed vision fence or wall and screening materials shall be a minimum of eight feet (8') in height.
F. A fence plan and materials list must be approved by the commission and the Building Department. All fence material(s) must be with new construction material of eight foot (8') vertical height of metal or chain link with sight obscuring slats. All required permits for the fence must be obtained prior to the start of construction. The fence must be completed and inspected prior to operating the impound yard.
G. Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
H. No vehicles or materials shall be stored so they exceed the height of the fence or wall.
I. The use shall not constitute a junkyard as herein defined. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-38: VEHICLE REPAIR, MAJOR AND MINOR:
A. Where adjoining a residential property or zone, all repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from the street or a residential zone. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-39: VEHICLE SALES OR RENTAL:
A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the zone where the use is located.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street or residential zone. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-40: VEHICLE WASHING FACILITY:
A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the application shall demonstrate compliance with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons.
2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.
3. The stacking lane shall not be located within one hundred feet (100') of any residential zone or existing residence.
B. Within the industrial zones, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by nonpassenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles.
C. Any use that is not fully enclosed shall be located a minimum one hundred feet (100') from any abutting residential zone. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-41: VEHICLE WRECKING YARD OR JUNKYARD:
A. Outside storage and outside activity areas shall be located behind a fence or wall and screening materials shall be a minimum of eight feet (8') in height.
B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, principal arterial, or minor arterial.
C. All materials or parts shall be stored and located within a closed vision fence or walled area. Salvage materials shall be stored so they do not exceed the height of the fence or wall for more than thirty (30) days.
D. A fence plan and materials list must be approved by the Planning and Zoning Commission and the Building Department. All fence material(s) must be with new construction of eight foot (8') vertical metal or eight foot (8') chain link with sight obscuring slats. All required permits for the fence must be obtained prior to the start of construction. The fence must be completed and inspected prior to operating the salvage yard.
E. All structures or outside activity areas shall be located a minimum of one thousand feet (1,000') from any residential zone.
F. An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be on concrete or asphalt surface that has a means to collect and properly dispose of oils and fluids in the vehicles and must be located within the confines of the fenced area.
G. 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.
H. No person shall establish, operate, or maintain a vehicle 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 or arterial as herein defined as per Idaho Code section 40-313. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-42: VETERINARY CLINIC:
Veterinary clinics shall comply with all State and local regulations relative to such an operation and shall maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-43: WAREHOUSE:
A. Accessory Uses Allowed: Office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use.
B. Outside Activity Areas: Outside activity areas shall be located a minimum of three hundred feet (300') from any property line adjoining a residential zone. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-7-44: WIND TURBINES:
A. General Provisions: All new wind turbines shall meet the following minimum design standards:
1. Detailed Site Plan: A detailed site plan identifying all property lines, existing buildings, proposed buildings, parking areas, utilities, signs, neighboring properties, proposed transmission lines, any other information that may be required to determine if use is within the intent and requirements of this title shall be submitted.
2. Setbacks: Each wind turbine shall comply with the following minimum requirements:
a. One and one-half (11/2) times its total height (blade tip to ground level) from nearest aboveground public electric power or telephone line, public road, and railroad right-of-way.
b. Three (3) times the total tower height (blade tip to ground level) or less than forty five (45) dbs per manufacturer's listing from the nearest existing residence, school, hospital, church, place of employment or public library, unless mitigation has taken place and agreed by owner/operator and affected property owners involved and recorded in the Bingham County Recorder's Office which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property; but in no case less than one and one- half (11/2) times its total height.
3. Minimum Ground Clearance: The tip of a blade shall, at its lowest point, have a ground clearance of no less than twenty feet (20').
4. Building Permit: A building permit is required and must comply with the currently adopted Building Code.
5. Applicable Standards: The system shall comply with all applicable Federal Aviation Administration (FAA) Standards.
6. Color: Wind turbines shall be painted a nonreflective, nonobtrusive color.
7. Design: The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility to the natural setting and existing environment.
8. Advertising: Shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator. Any such identification shall not appear on the blades or other moving parts or exceed six (6) square feet.
9. Electrical Controls And Power Lines: Electrical controls and control wiring and power lines shall be underground except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
10. Lighting: Shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
11. Time Line: A time line prior to the construction phase of the project shall be submitted to the Planning and Zoning Department identifying the starting and completion date of all construction.
12. Not Climbable: Wind turbines shall not be easily climbable for a minimum of twenty feet (20') above ground level.
13. Access Doors: All access doors to the wind turbine towers and electrical equipment shall be lockable and locked when unattended.
14. Warning Signage: Appropriate warning signage shall be placed on all wind turbine towers, electrical equipment and facility entrances.
B. Hobbyist Wind Turbine:
1. Less than sixty feet (60') in height and a prop diameter of twelve feet (12') or less.
2. Applicant must provide proven documented verification that wind turbine is structurally sound.
3. Limited to two (2) wind turbines per parcel.
4. Approved project construction must be started within twelve (12) months from date of approval.
C. Personal Wind Turbine:
1. Total height is between sixty feet (60') and one hundred fifty feet (150') and the nameplate is less than one hundred kilowatts (100 kW).
2. Applicant must provide proven documented verification that wind turbine is structurally sound.
3. Limited to two (2) wind turbines per parcel.
4. Approved project construction must be started within eighteen (18) months from date of approval.
D. Commercial Wind Turbine:
1. Total Height: Total height exceeds one hundred fifty feet (150') or the nameplate capacity exceeds one hundred kilowatts (100 kW).
2. Site Plan: In addition to the general requirements listed above, the site plan shall also include:
a. 2-D computer rending, to scale, of surrounding area and all proposed turbine(s) including unbuilt but approved turbines; along with a view of all existing residences from the two (2) most populated areas.
b. Include a table of GPS coordinates of all proposed wind turbines and existing residences within one mile.
3. Setbacks:
a. Commercial wind turbines shall have an additional one mile setback from all platted Town sites and/or incorporated cities.
b. Three (3) times the total tower height (blade tip to ground level) to the nearest exterior line of the project unless mitigation has taken place and agreed by owner/operator and affected property owners involved and recorded in the Bingham County Recorder's Office which describes the benefited and burdened properties and which advises all subsequent owners; but in no case less than one and one-half (11/2) times its total height from a residence.
4. Minimum Ground Clearance: The tip of a blade shall, at its lowest point, have a ground clearance of no less than seventy five feet (75').
5. Road Damage: Any road damage must be repaired by the permit holder after notification by the Bingham County Public Works Department within a time period determined by the Bingham County Public Works Department.
6. Reclamation: A detailed decommissioning and reclamation plan in accordance with State and Federal law. The owner/operator of commercial wind energy facility and/or property owner is responsible for removing the wind turbines and related facilities when no longer useful. They must remove the turbines and facilities within three (3) years of the end of electricity generation unless a new plan is proposed to reuse the turbines. Reclamation shall be restored to its original state before wind energy facility site construction.
7. Decommissioning: A decommissioning bond must be provided to the landowner. Decommissioning requirements, transfer with ownership of the turbine or ownership of wind facility and/or property owner.
8. Notification: Evidence of notification with FAA, United States Fish and Wildlife Services, DEQ, and the appropriate Fire Department must be submitted by the applicant to the Planning and Zoning Department prior to the issuance of a building permit.
9. Area Identified By Fish And Wildlife: If an area is identified by Fish and Wildlife Services to house a significant bird population, a monopole tubular type tower shall be used instead of lattice type towers.
10. Phases: If project will be developed in phases, the phase lines must be identified on the detailed site plan. Each phase must be completed within a reasonable time line.
11. Conditional Use Hearing: The commission shall conduct a conditional use hearing as required by the land use chart, following the procedures as identified in section 10-3-6 of this title.
12. Permit Requested: In accordance with Idaho Code section 67-6512, the Planning and Zoning Administrator shall notify property owners where a conditional use permit is requested by reason of height allowance that notice shall be provided individually by mail to property owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred feet (100') and within no less than one mile when the peak height of a structure in an unincorporated area is four hundred feet (400') or more and, when four hundred feet (400') or more, the structure's proposed location and height shall be stated in the notice. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
