A.   Official Zoning Map:

      1.   The city is hereby divided into zones, or districts, as shown on the official zoning map that, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this title.

      2.   The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city. If, in accordance with the provisions of this chapter and Idaho Code section 67-6501, the local land use planning act, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows: "On (date), by official action of the city council, the following (change) changes were made in the official zoning map (brief description of nature of change);" which entry shall be signed by the zoning administrator or mayor and attested by the city clerk.

      3.   No changes of any nature shall be made in the official zoning map or matter shown thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.

      4.   Regardless of the existence of purported copies of the official zoning map that may from time to time be made or published, the official zoning map that shall be located in the office of the city clerk, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

   B.   Replacement Of Official Zoning Map:

      1.   In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map that shall supersede the prior official zoning map.

      2.   The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the zoning administrator or mayor, attested by the city clerk, and bearing the seal of the city under the following words:

      "Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment."

(Ord. 2208, 7-6-2021)

Where uncertainty exists as to the boundaries of districts as shown on the official zone map, the following rules shall apply:

   A.   Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. No boundary of a use district can divide a platted line.

   C.   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

   D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

   E.   Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

   F.   Boundaries indicated as parallel to or extensions of features indicated in subsections A through E of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

   G.   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through E of this section, the city council shall interpret the district boundaries. (Ord. 2208, 7-6-2021)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

   A.   No building, structure or land shall hereafter be used or occupied, and no building, structure, or part thereof, shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

   B.   No building or other structure shall hereafter be erected or altered:

      1.   To exceed the existing height;

      2.   To accommodate or house a greater number of families;

      3.   To occupy a greater percentage of lot area. A ten percent (10%) variance of this percentage may be granted by the zoning administrator when evidence of undue hardship is presented;

      4.   To have narrower or smaller rear yards, front yards, side yards or open spaces. Front yard setback may average the setbacks of existing houses on each side, unless otherwise prohibited by this chapter;

      5.   On property that has not been legally platted.

   C.   No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, off-street parking, or loading space similarly required for any other building.

   D.   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this chapter.

   E.   All territory that may hereafter be annexed to the city shall be zoned by the city council with appropriate recommendations by the planning and zoning commission at the time of annexation. (Ord. 2208, 7-6-2021)

   A.   Adopted: District regulations shall be set forth in the schedule of district regulations, hereby adopted by reference and declared to be a part of this chapter, and in section 11-4A-6 of this chapter. Land or premises shall be used, unless otherwise provided in this chapter, only in conformity with the regulations herein set forth for the zones or use districts in which such land or premises is located. No building or structure shall be erected or structurally altered or used, unless otherwise provided in this chapter, except in conformity with the regulations herein set forth for the zone or use district in which such building or structure is located.

   B.   Intent: The following zoning districts are hereby established. For the interpretation of this chapter, the zoning districts have been formulated to realize the general purpose as set forth in this chapter and to conform with the comprehensive plan and its stated goals and objectives. In addition, the specific purposes of each zoning district shall be as stated. No residence or commercial building shall be erected or moved onto any lot, tract or parcel of land in any use district or zone adopted under the provisions of this chapter unless said lot, tract or parcel of land has been legally platted and a building permit is issued in accordance with the Building Code.

   C.   Interpretation:

      1.   The interpretation and application of the provisions of this title shall be by the Zoning Administrator/Building Director. An appeal of an interpretation of such official shall be submitted to the Planning and Zoning Commission, who, unless otherwise provided, is authorized to interpret this title, and such interpretation shall be considered final. Uses are permitted within the various zones as described in this chapter and as otherwise provided herein.

      2.   It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites, or any use not specifically mentioned or about which there is any question, shall be administratively classified by comparison with other uses identified in the zones described in this Code. If the proposed use resembles identified uses in terms of intensity and character and is consistent with the purposes of this title and the individual zone classification, it shall be considered as a permitted/non-permitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within a zone, it may be permitted as determined by the hearing body in public hearing as an amendment to this title. (Ord. 2208, 7-6-2021)

The official schedule of zone regulations is divided into the following use groups: Transitional Agricultural, Rural Ranchette, Low Density Residential (1 and 2), Medium Density Residential (1 and 2), and High Density Residential (1 and 2).

   A.   Transitional Agriculture (TAG): The purpose in establishing the Transitional Agriculture Zone is to set aside land to properly guide growth of the fringe areas of the community deemed to be important for preservation of rural standards. Being inside the impact area, it is assumed these areas will someday be incorporated into the City, therefore they are transitional.

   B.   Rural Ranchette (RR): The purpose of establishing the Rural Ranchette Zone is to promote and maintain a single-family residential neighborhood that protects animal rights as part of allowed uses. The purpose is to preserve areas of land where small acreage including domestic farm animals may be kept within the City limits and the impact area. The zone also includes residential uses for handicapped and elderly persons up to eight (8) as referenced by Idaho Code section 67-6531.

   C.   Low Density Residential 1 (LDR1): The purpose in establishing the LDR1 Zone is to promote and maintain single-family residential neighborhoods, with conditions favorable to family living, and to encourage the development of low-density areas of land that are best suited for residential purposes to prevent overcrowding of the land. The zone shall also include residence for the handicapped or elderly up to eight (8) persons as referenced by Idaho Code section 67-6531. The maximum allowed density is six (6) units per acre.

   D.   Low Density Residential 2 (LDR2): The purpose in establishing the LDR2 Zone is to promote and maintain single-family residential neighborhoods, with conditions favorable to family living, and to encourage the development of low-density areas of land that are best suited for residential purposes to prevent overcrowding of the land. An accessory dwelling unit is allowed with a conditional use permit (CUP). The zone shall also include residence for the handicap or elderly up to eight (8) persons as referenced by Idaho Code section 67-6531. The maximum allowed density in LDR2 is eight (8) units per acre.

   E.   Medium Density Residential 1 (MDR1): The purpose in establishing the MDR1 Zone is to provide low to medium density land use for one- and two-family residential development. The maximum allowed density is fourteen (14) units per acre.

   F.   Medium Density Residential 2 (MDR2): The purpose in establishing the MDR2 Zone is to provide low to medium density land use for one- and two-family residential development. An accessory dwelling unit is allowed with a CUP. The maximum allowed density is twenty eight (28) units per acre.

   G.   High Density Residential 1 (HDR1): The purpose in establishing the Multi-Family Residence Zone is to provide for medium density land use and to encourage more compact residential development. The maximum allowed density is thirty (30) units per acre.

   H.   High Density Residential 2 (HDR2): The purpose in establishing the Larger Multi-Family Residence Zone is to provide areas of land for high density residential development, also in which small professional offices and certain other type of semi-commercial uses may be located. The maximum allowed density is dependent on an approvable development plan and is not measured in units per acre. (Ord. 2208, 7-6-2021)

   Schedule of Residential Dimensional Standards (March 28, 2023)

 

 

***Only Allowed in Zones previously titled R2-T and MDR2 unless on foundation; MH on foundation will be treated as a Single-Family Dwelling Use

 

 

   Transitional Agriculture (TAG)          Medium Density Residential 1 (MDR1)

   Rural Ranchette (RR)            Medium Density Residential 2 (MRD2)

   Low Density Residential 1 (LDR1)      High Density Residential 1 (HDR1)

   Low Density Residential 2 (LDR2)      High Density Residential 2 (HDR2)

(Ord. 2208, 7-6-2021; amd. Ord. 2234, 3-7-2023; Ord. 2236, 4-4-2023; Ord. 2262, 10-1-2024; Ord. 2268, 6-3-2025; Ord. 2280, 10-7-2025)

   A.   Transitional Agricultural (TAG):

      1.   Purposes And Objectives: The TAG zone is established to protect stable neighborhoods of detached single-family dwellings on larger lots. The limited conditional uses allowed in this district shall be compatible with an atmosphere of large, landscaped lawns, low building heights, ample setbacks and side yards, predominantly off-street parking, low traffic volumes, and low nuisance potentials.

      2.   Permitted Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6.

      3.   Lot Area: The minimum area of any lot or parcel of land in the TAG zone is one-half (1/2) acre.

      4.   Lot Width: Each lot or parcel of land in the TAG zone shall have a width of no less than seventy-five feet (75').

      5.   Lot Depth: Each lot or parcel of land shall have a minimum of sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the TAG zone shall abut a public street for a minimum distance of seventy-five feet (75'), on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, which does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. Private drives are allowed as per review by the Zoning Administrator or designee.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density: Not more than one single-family dwelling and one accessory dwelling unit (ADU) shall be placed on a lot or parcel of land in the TAG zone.

      9.   Yard Requirements: The following minimum yard requirements shall apply in the TAG zone:

         a.   Front Yard: Each lot or parcel in the TAG zone shall have a minimum front yard of at least thirty feet (30') from right-of-way.

            (1)   Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven feet (7'), the front yard setback may be reduced to twenty feet (20') from right-of-way.

         b.   Rear Yard: The minimum depth of a rear yard shall be twenty feet (20').

         c.   Side Yard: Ten feet (10'). The side yard that is on the intersecting street must have a twenty-foot (20') setback;

         d.   Accessory Building Setbacks: An accessory use is a structure that is subordinate to and incidental to the principal building on the same lot but does not include any building containing a dwelling unit. Accessory units shall not exceed sixty feet (60') in height. Accessory units shall not encroach in the front or side yards. Accessory units that are regulated by the adopted Building Code shall have a minimum of twenty feet (20') rear setback. Accessory units permitted are as follows:

            (1)   Private Garages And/Or Carports: When a garage or carport is attached to the primary residence, it must meet all the setback requirements for the primary structure.

            (2)   Greenhouses for private use only.

            (3)   Private swimming pools.

            (4)   Pergolas, arbors, decks, patios, storage buildings.

      10.   Setbacks And Right-of-Way Exceptions: (Reserved).

      11.   Building Height:

         a.   No lot or parcel of land in the TAG zone shall have a building or structure, which exceeds a maximum height of sixty feet (60'), measured at the top of building’s tallest horizontal wall.

         b.   Accessory Structure: In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In a TAG zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g.: driveways), shall not cover more than fifty-five percent (55%) of the area of the lot or parcel of land.

         b.   Landscaping: At least thirty percent (30%) of the area of any lot shall be maintained in landscaping.

         c.   Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard, fifty percent (50%) of a rear yard, and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading, And Access: (Reserved).

      15.   Project Plan Approval: (Reserved).

      16.   Fencing: (Reserved).

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   The City of Blackfoot right-of-way width is dictated by City Engineering Standards. Refer to engineering standard drawings for development rules that apply to all residential zones.

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc., can be authorized in most residential zones with the issuance of a conditional use permit (CUP). These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights: The following provisions shall apply to the TAG and RR zones in the impact area upon annexation into the city:

         a.   Description Of Land And Livestock: Any landowner having livestock upon lands located within the area of city impact may provide to the City Planning and Zoning Commission a description of the land together with a description of the livestock on said lands, which shall include the number of livestock as well as the type of livestock located on said lands.

         b.   Historic Herd Size: The Planning and Zoning Commission shall review the descriptions as submitted by a landowner, and together with the landowner determine a historic herd size for the parcel of land described. The record of historic herd size shall be kept by the City Clerk and shall be preserved for the purpose of determining existing land use on said lands as of the date of annexation.

         c.   Discontinued Use: In the event a landowner shall discontinue the use and maintenance of livestock on lands described and provided to the Planning and Zoning Commission for a period of five (5) consecutive years, when such use shall not be reestablished, the uses of the premises thereafter shall be in conformity with the regulations of the zone district in which the land is situated; provided, that the use and maintenance of a lesser number of the same general type of livestock on the described lands shall be deemed to conform to the historic herd size as recorded with the City Clerk and will allow the continued recognition of the historic herd size as the current existing land use.

         d.   Expansion Or Enlargement Of Herd: The expansion or enlargement of a livestock herd shall be allowed only by the granting of a conditional use permit, zone change or variance, as provided by this title and depending upon the particular circumstances and facts involved.

      20.   Accessory Dwelling Units (ADU):

         a.   Purpose: The purpose of this chapter is to allow a more economic and efficient use of the City’s housing supply, land, and infrastructure; provide a mix of housing that responds to changing family needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; protect neighborhood stability and property values; and maintain the appearance and character of Blackfoot’s single household neighborhoods.

         b.   Ownership: If the proposed accessory dwelling is located in a TAG, RR, or LDR-2 zone:

            (1)   The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of the dwelling units. For the purposes of this section:

               (A)   Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, brother, or sister of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units.

               (B)   Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six (6) months in any given year.

            (2)   Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards.

         c.   Location:

            (1)   An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi-family structure.

            (2)   An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live-work unit, or loft apartment. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings.

            (3)   Accessory dwelling units are permitted with restrictions throughout the City in the following Single Family Zones TAG, RR, and LDR-2. New subdivisions in LDR-1 Zones may also be allowed accessory dwelling units if requested at the time of plat development and approval. ADU’s will not be allowed in existing LDR-1 subdivisions without an approved rezone.

         d.   Size And Height:

            (2)   An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than and subordinate to the primary land use.

            (3)   The height of the accessory unit shall not exceed the height of the main structure on site, or as permitted by the underlying zoning district, whichever is less.

         e.   Parking And Access:

            (1)   For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports may be included in the required amount of off-street parking. Residential driveway parking spaces shall be at least ten feet (10') wide and twenty feet (20') deep from back of sidewalk.

            (3)   A waiver to the parking requirements may be granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required above.

            (4)   A walkway shall be provided from the accessory unit to the street and shall be a minimum of three feet (3') wide and shall be finished with a hard all-weather surface.

         f.   Design Compatibility:

            (1)   In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be approved through a design review process.

            (2)   For accessory dwelling units attached to a house, only one entrance to the structure may be located on the front building elevation of the house unless multiple entrances are already in existence.

            (3)   The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property.

         g.   Permit Procedures For Accessory Dwelling Units:

            (1)   Any person applying for an accessory dwelling unit shall make application to the City Building Department and obtain an approved site plan as well as approval of their ADU building proposal.

   B.   Rural Ranchette (RR):

      1.   Purpose And Objectives: The purpose of establishing the Rural Ranchette Zone is to promote and maintain a single-family residential neighborhood that protects animal rights as part of allowed uses. The purpose is to preserve areas of land where small acreage including domestic farm animals may be kept within the City limits and the impact area. The zone also includes residential uses for handicapped and elderly persons up to eight (8) as referenced by Idaho Code section 67-6531.

      2.   Permitted And Conditional Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6.

      3.   Lot Area: For purposes of allowing farm animals, a minimum area of one acre is required. For residential development or other residential uses, lots sizes are required to comply with the R-1 and/or LDR-1 zoning requirements.

      4.   Lot Width: The minimum lot width at the building line is seventy-five feet (75').

      5.   Lot Depth: Minimum lot depth of one hundred-forty feet (140').

      6.   Lot Frontage: Minimum lot frontage of seventy-five feet (75').

      7.   Prior Created Lots: Lots which pre-existed this title will not be denied a building permit based on nonconformance with these area and dimensional requirements.

      8.   Lot Configuration And Density: A single dwelling unit and one accessory dwelling unit (ADU) is allowed in the Rural Ranchette Zone.

      9.   Yard Requirements:

         a.   Minimum setback requirements for structures are measured from the furthest projecting part of the structure:

            (1)   Front yard: Thirty feet (30').

            (2)   Side yard: Five feet (5').

            (3)   Rear yard: Twenty feet (20').

         b.   Minimum setback requirements for structures on a corner lot are:

            (1)   Front yard: Thirty feet (30').

            (2)   Side yard: Five feet (5'). The side yard on the intersecting street must have a minimum twenty-foot (20') setback.

            (3)   Rear yard: Twenty feet (20').

      10.   Setbacks And Rights-Of-Way Exceptions: (Reserved).

      11.   Building Height: The height of structures is limited to sixty feet (60'), measured at the top of building’s tallest horizontal wall.

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage: The total area that may be covered by buildings is forty percent (40%) of the lot.

      14.   Parking, Loading And Access: (Reserved).

      15.   Project Plan Approval: (Reserved).

      16.   Fencing: Fencing must be sufficient to keep farm animals on the subject property and built commensurate with the type of animal and size.

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   (Reserved).

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc., can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights:

         a.   The keeping of farm animals in the RR Zone must adhere to the following limitations:

            (1)   An accumulative total of four (4) cows and horses will be allowed per acre. This accumulative total of animals applies to year-round hosted animals and does not apply where seasonal/rotational grazing of pasture areas support an increased density on the property until the available feed is fully utilized. After feed is used, the increased density of animals shall be removed to comply with the accumulative levels listed above.

            (2)   An accumulative total of eight (8) sheep, goats and pigs will be allowed per acre.

            (3)   An accumulative total of one hundred (100) penned rabbits and chickens will be allowed per acre.

            (4)   Any animal not common to accepted agricultural practices in Idaho will require a conditional use permit.

         b.   Area requirements specified are exclusive of land used for other livestock or other uses such as buildings, lawns, gardens, etc.

         c.   Area requirements for animals not listed shall be determined by the Zoning Administrator based upon the area requirements of the closest related animal.

      20.   Accessory Dwelling Units (ADU):

         a.   Purpose: The purpose of this chapter is to allow a more economic and efficient use of the City’s housing supply, land, and infrastructure; provide a mix of housing that responds to changing family needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; protect neighborhood stability and property values; and maintain the appearance and character of Blackfoot’s single household neighborhoods.

         b.   Ownership: If the proposed accessory dwelling is located in a TAG, RR, or LDR-2 zone:

            (1)   The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of the dwelling units. For the purposes of this section:

               (A)   Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, brother, or sister of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units.

               (B)   Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six (6) months in any given year.

            (2)   Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards.

         c.   Location:

            (1)   An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi-family structure.

            (2)   An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live-work unit, or loft apartment. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings.

            (3)   Accessory dwelling units are permitted with restrictions throughout the City in the following Single Family Zones TAG, RR, and LDR-2. New subdivisions in LDR-1 Zones may also be allowed accessory dwelling units if requested at the time of plat development and approval. ADU’s will not be allowed in existing LDR-1 subdivisions without an approved rezone.

         d.   Size And Height:

            (1)   Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to the primary dwelling unit, and no larger than one thousand square feet (1,000 ft2) in size. If the accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the Director or his designee to occupy the entire level, regardless of size.

            (2)   An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than and subordinate to the primary land use.

            (3)   The height of the accessory unit shall not exceed the height of the main structure on site, or as permitted by the underlying zoning district, whichever is less.

         e.   Parking And Access:

            (1)   For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports may be included in the required amount of off-street parking. Residential driveway parking spaces shall be at least ten feet (10') wide and twenty feet (20') deep from back of sidewalk.

            (3)   A waiver to the parking requirements may be granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required above.

            (4)   A walkway shall be provided from the accessory unit to the street and shall be a minimum of three feet (3') wide and shall be finished with a hard all-weather surface.

         f.   Design Compatibility:

            (1)   In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be approved through a design review process.

         (2)   For accessory dwelling units attached to a house, only one entrance to the structure may be located on the front building elevation of the house unless multiple entrances are already in existence.

         (3)   The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property.

         g.   Permit Procedures For Accessory Dwelling Units: Any person applying for an accessory dwelling unit shall make application to the City Building Department and obtain an approved site plan as well as approval of their ADU building proposal.

   C.   Low Density Residential 1 (LDR1):

      1.   Purposes And Objectives: The density allowed in the Low Density Residential 1 (LDR1) is a maximum of six (6) units per acre. The LDR1 zone is established to protect stable neighborhoods of detached single-family dwellings on larger lots. The limited conditional uses allowed in this district shall be compatible with an atmosphere of large, landscaped lawns, low building heights, ample setbacks and side yards, predominantly off-street parking, low traffic volumes, and low nuisance potentials.

      2.   Permitted Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6. An accessory dwelling unit (ADU) may be allowed in subdivisions platted since January 1, 2021 in all residential zones with the issuance of a conditional use permit.

      4.   Lot Width: Each lot or parcel of land in the LDR1 zone shall have a width of no less than seventy-five feet (75').

      5.   Lot Depth: Each lot or parcel of land shall have a minimum of sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the LDR1 zone shall abut a public street for a minimum distance of seventy-five feet (75'), on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, which does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. Private drives are allowed as per review by the Zoning Administrator or designee.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density: Not more than one (1) single-family dwelling shall be placed on a lot or parcel of land in the LDR1 zone.

      9.   Yard Requirements:

         a.   Setback requirements for primary structures are:

            (1)   Front yard: Thirty feet (30').

            (2)   Side yard: Five feet (5').

            (3)   Rear yard: Twenty feet (20').

         b.   Setback requirements for primary structures on a corner lot are:

            (1)   Front yard: Thirty feet (30').

            (2)   Side yard: Five feet (5'). The side yard that is on the intersecting street must have a twenty-foot (20') setback.

            (3)   Rear yard: Five feet (5').

               (A)   Exception: On a corner lot the side yard not on an intersecting street may be reduced to no less than five feet (5').

      10.   Setbacks And Right-Of-Way:

         a.   Visibility At Intersections: No structures shall be allowed within the triangle formed by measuring thirty feet (30') along each lot line, beginning at their intersection, and closing such triangle with a straight line, provided:

            (1)   Trees are allowed within such triangle if all branches are trimmed from the curb level to at least seven feet (7') above the curb level.

            (2)   Shrubs, hedges and flowers are allowed within such triangle, not to exceed three feet (3') above the curb level.

            (3)   Fences, walls and all other sight obscuring structures are allowed within such triangle not to exceed three feet (3') above curb level. A permit must be obtained from the Zoning Administrator for all structures under this subsection. A fee in such amount as established by resolution of the City Council per permit shall be charged.

         b.   Visibility At Alleys And Driveways: No fences, walls, hedges or any other sight obstructing objects shall be allowed within the triangle formed by measuring fifteen feet (15') along the alley or driveway and along the lot line from the intersection of said lines, and closing such triangle with a straight line; except for trees as provided in subsection C10a(1) of this section; shrubs, hedges and flowers as provided in subsection C10a(2) of this section; and structures as provided in subsection C10a(3) of this section.

         c.   Front Yard: No building or structure shall be erected closer than is allowed by the use district, from the right-of-way line of the street. Exception: When more than fifty percent (50%) of the lots along a street have existing buildings with a front setback of not more than twenty feet (20'), any new structures will only need to meet the twenty-foot (20') setback. In no case shall a front yard of more than thirty feet (30') be required.

         d.   Side Yard: No building or part of a building, including eaves, shall be erected closer than five feet (5') to any side property line; except corner lots shall maintain a twenty-foot (20') side yard adjacent to the street that intersects the street upon which the building fronts.

         e.   Accessory Uses: An accessory use is a building that is subordinate to, and incidental to, the principal building on the same lot, but does not include any building containing a dwelling unit. An accessory use is an activity or structure incidental or secondary to the principal use on the same lot.

      11.   Building Height:

         a.   Primary Structure: Height of primary structures is limited to forty feet (40'), measured at the top of building’s tallest horizontal wall.

         b.   Accessory Structure: In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In an LDR1 zone, the total area that may be covered by buildings is forty percent (40%) of the lot.

         b.   Landscaping: At least sixty percent (60%) of the area of any lot shall be maintained in landscaping.

         c.   Impervious Surface: On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard, fifty percent (50%) of a rear yard, and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading, And Access: (Reserved).

      15.   Project Plan Approval: (Reserved).

      16.   Fencing: (Reserved).

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   (Reserved).

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc., can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights: The keeping of farm animals is not allowed except domestic hen chickens (see 19a). Dogs and cats are allowed as per city code section 6-2-6. Exotic animals such as goats, potbellied pigs, etc., may be allowed with the issuance of a conditional use permit.

         a.   Exception: Notwithstanding any restrictions contained in this code to the contrary, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single-family dwelling or duplex, provided that the following requirements are observed:

            (1)   Eggs produced by such hens shall not be sold for pecuniary gain or profit.

            (2)   Such hens shall not be slaughtered on the premises or raised or sold for slaughter or for pecuniary gain or profit.

            (3)   The hens must be contained in the rear yard by suitable fence, chicken coop, or both. The fence and/or chicken coop must be constructed and maintained in such a manner that they prevent the chickens from leaving the rear yard. The fence and/or chicken coop must be set back at least five feet (5') from the property line on all sides. Notwithstanding the foregoing, the fence may be placed on the property line adjacent to an alleyway at the rear of the property.

            (4)   The chickens must be maintained in such a manner that they do not become a “nuisance” as that term is defined in this code.

            (5)   For the purposes of this subsection, the term “rear yard” means a residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

   D.   Low Density Residential 2 (LDR2):

      1.   Purpose And Objectives: The density allowed in the Low Density Residential 2 (LDR2) is a maximum of eight (8) units per acre. The LDR2 zone is established to protect stable neighborhoods of detached single-family dwellings on medium-sized lots. The conditional uses allowed in this district shall be compatible with single-family homes on landscaped lawns, low building heights, predominantly off-street parking, low traffic volumes, and low nuisance potential.

      2.   Permitted And Conditional Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6.

      3.   Lot Area:

      4.   Lot Width: The minimum lot width in the LDR2 zone is sixty feet (60').

      5.   Lot Depth: The minimum lot depth in the LDR2 zone is sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the LDR2 zone should abut a public street for a minimum distance of sixty feet (60'), on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. Private drives are allowed as per review by the Zoning Administrator or designee.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density:

         a.   One (1) single-family dwelling unit and one Accessory Dwelling Unit (ADU) may be placed on a parcel or lot in the LDR2 zone.

         b.   No more than two (2) dwelling units are allowed in any one (1) structure.

      9.   Yard Requirements: The following minimum yard requirements shall apply in the LDR2 zone:

         a.   Front Yard: Each lot or parcel in the LDR2 zone shall have a minimum front yard of at least thirty feet (30') from right-of-way.

            (1)   Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven feet (7'), the front yard setback may be reduced to twenty feet (20') from right-of-way.

         b.   Rear Yard: The minimum depth of a rear yard shall be twenty feet (20').

            (1)   Exception: On a corner lot the side yard not on an intersecting street may be reduced to no less than five feet (5').

         c.   Side Yard: Each lot or parcel of land in the LDR2 zone shall have a side yard of at least five feet (5') as measured from the furthest protruding portion of the building.

         d.   Accessory Buildings. A minimum side yard and rear yard of five feet (5') is required.

      10.   Setbacks And Right-Of-Way:

         a.   Visibility At Intersections: No structures shall be allowed within the triangle formed by measuring thirty feet (30') along each lot line, beginning at their intersection, and closing such triangle with a straight line, provided:

            (1)   Trees are allowed within such triangle if all branches are trimmed from the curb level to at least seven feet (7') above the curb level.

            (2)   Shrubs, hedges and flowers are allowed within such triangle, not to exceed three feet (3') above the curb level.

            (3)   Fences, walls and all other sight obscuring structures are allowed within such triangle not to exceed three feet (3') above curb level. A permit must be obtained from the Zoning Administrator for all structures under this subsection. A fee in such amount as established by resolution of the City Council per permit shall be charged.

         b.   Visibility At Alleys And Driveways: No fences, walls, hedges or any other sight obstructing objects shall be allowed within the triangle formed by measuring fifteen feet (15') along the alley or driveway and along the lot line from the intersection of said lines, and closing such triangle with a straight line; except for trees as provided in subsection D10a(1) of this section; shrubs, hedges and flowers as provided in subsection D10a(2) of this section; and structures as provided in subsection D10a(3) of this section.

         c.   Front Yard: No building or structure shall be erected closer than is allowed by the use district, from the right-of-way line of the street. Exception: When more than fifty percent (50%) of the lots along a street have existing buildings with a front setback of not more than twenty feet (20'), any new structures will only need to meet the twenty-foot (20') setback. In no case shall a front yard of more than thirty feet (30') be required.

         d.   Side Yard: No building or part of a building, including eaves, shall be erected closer than five feet (5') to any side property line; except corner lots shall maintain a twenty-foot (20') side yard adjacent to the street that intersects the street upon which the building fronts.

         e.   Accessory Uses: An accessory use is a building that is subordinate to, and incidental to, the principal building on the same lot, but does not include any building containing a dwelling unit. An accessory use is an activity or structure incidental or secondary to the principal use on the same lot.

      11.   Building Height:

         a.   No lot or parcel of land in the LDR2 zone shall have a building or structure, which exceeds a maximum height of forty feet (40'), measured at the top of building’s tallest horizontal wall.

         b.   Accessory Structure: In no case shall the size or height of an accessory structure exceed the size or height of any main structure on the same lot.

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In an LDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g.: driveways), shall not cover more than forty percent (40%) of the area of the lot or parcel of land.

         b.   Landscaping:

            (1)   At least sixty percent (60%) of the area of any lot shall be maintained in landscaping.

            (2)   Impervious Surface: On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard, fifty percent (50%) of a rear yard, and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading And Access: Parking is two (2) additional off-street spaces for each additional unit and shall be located in the rear or side yard of the primary structure.

      15.   Project Plan Approval: Accessory dwelling units shall only be allowed upon application for and approval of a conditional use permit.

      16.   (Reserved).

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   (Reserved).

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc., can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights: The keeping of farm animals is not allowed except domestic hen chickens (see 19a). Dogs and cats are allowed as per city code section 6-2-6. Exotic animals such as goats, potbellied pigs, etc., may be allowed with the issuance of a conditional use permit.

         a.   Exception: Notwithstanding any restrictions contained in this code to the contrary, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single-family dwelling or duplex, provided that the following requirements are observed:

            (1)   Eggs produced by such hens shall not be sold for pecuniary gain or profit.

            (2)   Such hens shall not be slaughtered on the premises or raised or sold for slaughter or for pecuniary gain or profit.

            (3)   The hens must be contained in the rear yard by suitable fence, chicken coop, or both. The fence and/or chicken coop must be constructed and maintained in such a manner that they prevent the chickens from leaving the rear yard. The fence and/or chicken coop must be set back at least five feet (5') from the property line on all sides. Notwithstanding the foregoing, the fence may be placed on the property line adjacent to an alleyway at the rear of the property.

            (4)   The chickens must be maintained in such a manner that they do not become a “nuisance” as that term is defined in this code.

            (5)   For the purposes of this subsection, the term “rear yard” means a residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

   E.   Medium Density Residential 1 (MDR1):

      1.   Purposes And Objectives: The density allowed in the Medium Density Residential 1 (MDR1) is a maximum of fourteen (14) units per acre. The MDR1 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots and multi-family housing. Restoration or rehabilitation of older homes in this district shall be encouraged. Conditional uses shall be compatible with an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials at a higher density than LDR zones.

      2.   Permitted And Conditional Uses:

         a.   The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MDR1 zone. The following uses and structures indicated as “CUP” may be permitted in the MDR1 zone only after a conditional use permit is issued.

         b.   Permitted Accessory Uses: Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure.

      3.   Lot Area: The minimum lot area of any parcel of land in the MDR1 zone is:

         c.   For three (3) units or larger, apply the density requirements.

      4.   Lot Width: The minimum lot width in the MDR1 zone is sixty feet (60').

         a.   Exception: A single-dwelling unit has a minimum lot width of fifty feet (50').

      5.   Lot Depth: The minimum lot depth in the MDR1 zone is sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the MDR1 zone shall abut a public street for a minimum distance of sixty feet (60'), on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. Private drives are allowed as per review by the Zoning Administrator or designee.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density: Without a planned unit development (PUD), developments shall not exceed a density of fourteen (14) units per acre.

      9.   Yard Requirements: The following minimum yard requirements shall apply in the MDR1 zone:

         a.   Front Yard: Each lot or parcel in the MDR1 zone shall have a minimum front yard of at least thirty feet (30') from right-of-way.

            (1)   Reduced Front Yard Setback: When the street upon which the parcel fronts has a boulevard strip of at least seven feet (7'), the front yard setback may be reduced to twenty feet (20') from right-of-way.

            (2)   Reduced Front Yard Setback: If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen feet (15').

         b.   Rear Yard: The minimum depth of a rear yard shall be twenty feet (20').

         c.   Side Yard: Each lot or parcel of land in the MDR1 zone shall have a side yard of at least five feet (5') or six inches (6") of setback for every foot of building height, whichever is greater.

         d.   Reduced Side Yard Setback: A setback of ten feet (10') shall be allowed within side yards that abut other MDR zones, HDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.

      10.   Setbacks And Right-Of-Way:

         a.   Visibility At Intersections: No structures shall be allowed within the triangle formed by measuring thirty feet (30') along each lot line, beginning at their intersection, and closing such triangle with a straight line, provided:

            (1)   Trees are allowed within such triangle if all branches are trimmed from the curb level to at least seven feet (7') above the curb level.

            (2)   Shrubs, hedges and flowers are allowed within such triangle, not to exceed three feet (3') above the curb level.

            (3)   Fences, walls and all other sight obscuring structures are allowed within such triangle not to exceed three feet (3') above curb level. A permit must be obtained from the Zoning Administrator for all structures under this subsection. A fee in such amount as established by resolution of the City Council per permit shall be charged.

         b.   Visibility At Alleys And Driveways: No fences, walls, hedges or any other sight obstructing objects shall be allowed within the triangle formed by measuring fifteen feet (15') along the alley or driveway and along the lot line from the intersection of said lines, and closing such triangle with a straight line; except for trees as provided in subsection E10a(1) of this section; shrubs, hedges and flowers as provided in subsection E10a(2) of this section; and structures as provided in subsection E10a(3) of this section.

         c.   Front Yard: No building or structure shall be erected closer than is allowed by the use district, from the right-of-way line of the street. Exception: When more than fifty percent (50%) of the lots along a street have existing buildings with a front setback of not more than twenty feet (20'), any new structures will only need to meet the twenty-foot (20') setback. In no case shall a front yard of more than thirty feet (30') be required.

         d.   Side Yard: No building or part of a building, including eaves, shall be erected closer than five feet (5') to any side property line; except corner lots shall maintain a twenty-foot (20') side yard adjacent to the street that intersects the street upon which the building fronts.

         e.   Accessory Uses: An accessory use is a building that is subordinate to, and incidental to, the principal building on the same lot, but does not include any building containing a dwelling unit. An accessory use is an activity or structure incidental or secondary to the principal use on the same lot.

      11.   Building Height:

         a.   No lot or parcel of land in the MDR1 zone shall have a building or structure, which exceeds a maximum height of forty feet (40') measured at the top of building’s tallest horizontal wall.

         b.   Adjacent LDR Zoning: If the development is adjacent to a Low-Density Residential Zone (LDR), the maximum building height (for buildings adjacent to the LDR zone) shall be no greater than thirty feet (30').

         c.   Accessory Structure: In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.

         d.   Gables and dormers are not included in height calculations unless their addition raises the overall peak height.

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In an MDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than sixty percent (60%) of the area of the lot or parcel of land.

         b.   Landscaping: At least forty percent (40%) of the area of any lot shall be maintained in landscaping.

         c.   Impervious Surface: On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard, and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading and Access: Multi-family dwelling, 4 units and above, require 2 ¼ off street parking units per unit. 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.

      15.   Project Plan Approval: Multifamily Housing: All multifamily housing projects are commercial uses and as such as subject to design standards. Design standards assure large building projects address site and building design requirements so as to minimize negative visual impacts on the community. Design standard requirements will be reviewed at site plan approval and upon application for a building permit.

      16.   Fencing: (Reserved).

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   Multifamily Residential Design Standards:

            (1)   Purpose And Content: The purpose of this section is to provide guidance and parameters for the design of buildings throughout Blackfoot (outside of Downtown) that meet the following objectives:

               (A)   Design buildings that respond to the unique context of the site, including frontage/ground floor design, building massing and orientation, and site environmental conditions;

               (B)   Design buildings that address the street and create a pedestrian-friendly environment;

               (C)   Promote original and distinctive building design;

               (D)   Utilize building materials that convey a sense of quality and permanence;

               (E)   Incorporate sustainable development practices; and

               (F)   Demonstrate respect for historic resources.

            (2)   Facade Articulation: Multifamily buildings shall include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every thirty feet (30')) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three (3) of the following features shall be employed at intervals no greater than the unit interval or thirty feet (30') (whichever is less).

               (A)   Use of windows and/or entries.

               (B)   Change in roofline.

               (C)   Change in building material, siding style, and/or window fenestration pattern.

               (D)   Providing vertical building modulation of at least twelve inches (12") in depth if tied to a change in roofline modulation or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least eighteen inches (18"). Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the intent of the standards.

               (E)   Vertical elements such as a trellis with plants, green wall, art element.

               (F)   Other design techniques that effectively break up the massing at no more than thirty-foot (30') intervals.

               (G)   Landscape planting bed at least five feet (5') wide or a raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall with planting materials that are sufficient to obscure or screen at least sixty percent (60%) of the wall’s surface within three (3) years.

               (H)   Installing a vertical trellis in front of the wall with climbing vines or plant materials.

               (I)   Buildings shall employ techniques to recess or project individual windows above the ground floor at least two inches (2") from the facade or incorporate window trim at least four inches (4") in width that features color that contrasts with the base building color.

               (J)   Departures will be considered provided they meet the intent of the standards and the design criteria set forth.

            (3)   Utility Meters, Electrical Conduit, And Other Service Utility Apparatus: These elements shall be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.

            (4)   Service Element Location And Design: All developments shall provide a designated spot for service elements (refuse and disposal). Such elements shall meet the following requirements:

               (A)   Service elements shall be located to minimize the negative visual, noise, odor, and physical impacts to the street environment, adjacent (on- and off-site) residents or other uses, and pedestrian areas;

               (B)   The designated spot for service elements shall be paved with concrete; and

               (C)   Appropriate enclosure of the common trash and recycling elements shall be required.

            (5)   Landscaping Design: Purpose:

               (A)   To provide safe, attractive, and usable open spaces that promote pedestrian activity;

               (B)   To create usable space that is suitable for leisure and recreational activities for residents;

               (C)   To create open space that enhances the setting and character of residential, commercial, and mixed-use development; and

               (D)   To promote a variety of open spaces for multifamily uses.

            (6)   Surface Parking Landscaping:

               (A)   Internal parking lot landscaping is required for all lots featuring twelve (12) or more parking spaces (including vehicular sales lots). Uses in Industrial zones are exempt from these requirements.

            Specifically: Landscape planters shall be a minimum of eight feet (8') in width for Class I and II trees and ten feet (10') in width for Class III trees. The required length of the planters shall be the same as the length of the adjacent parking space. Dimensions are measured inside curbs;

               (B)   Type C landscaping shall be utilized for planters, with at least one (1) tree required for every planting island. No linear grouping of parking spaces shall exceed ten (10) in a row without a planting island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the end of parking rows to protect parked vehicles and confine moving traffic to aisles and driveways.

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc., can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights: The keeping of farm animals is not allowed except domestic hen chickens (see 19a). Dogs and cats are allowed as per city code section 6-2-6. Exotic animals such as goats, potbellied pigs, etc. may be allowed with the issuance of a conditional use permit.

         a.   Exception: Notwithstanding any restrictions contained in this code to the contrary, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single-family dwelling or duplex, provided that the following requirements are observed:

            (1)   Eggs produced by such hens shall not be sold for pecuniary gain or profit.

            (2)   Such hens shall not be slaughtered on the premises or raised or sold for slaughter or for pecuniary gain or profit.

            (3)   The hens must be contained in the rear yard by suitable fence, chicken coop, or both. The fence and/or chicken coop must be constructed and maintained in such a manner that they prevent the chickens from leaving the rear yard. The fence and/or chicken coop must be set back at least five feet (5') from the property line on all sides. Notwithstanding the foregoing, the fence may be placed on the property line adjacent to an alleyway at the rear of the property.

            (4)   The chickens must be maintained in such a manner that they do not become a “nuisance” as that term is defined in this code.

            (5)   For the purposes of this subsection, the term “rear yard” means a residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

   F.   Medium Density Residential 2 (MDR2):

      1.   Purposes And Objectives: The density allowed in the Medium Density Residential 2 (MDR2) is a maximum of twenty-eight (28) units per acre. The MDR2 zone is established to act as a buffer between single-family dwellings and high density residential zones. Restoration or rehabilitation of older homes in this district shall be encouraged. MDR2 shall have an atmosphere consistent with low traffic volumes, ample off-street parking, and lower nuisance potentials than higher density zoning (HDR).

      2.   Permitted And Conditional Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6.

      4.   Lot Width: The minimum lot width in the MDR2 zone is sixty feet (60').

      5.   Lot Depth: The minimum lot depth in the MDR2 zone is sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the MDR2 zone shall abut a public street for a minimum distance of sixty feet (60'), on a line parallel to the center line of the street or along the circumference of a cul-de-sac approved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. Private drives are allowed as per review by the Zoning Administrator or designee.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density: Without a planned unit development (PUD), development shall not exceed a density of twenty-eight (28) units per (1) acre.

      9.   Yard Requirements: The following minimum yard requirements shall apply in the MDR2 zone:

         a.   Front Yard: Each lot or parcel in the MDR2 zone shall have a minimum front yard of at least thirty feet (30') from right-of-way.

            (1)   Front Yard Reduced Setback: When the street upon which the parcel fronts has a boulevard strip of at least seven feet (7'), the front yard setback may be reduced to twenty feet (20') from right-of-way.

            (2)   Reduced Setback For Parking: The Planning and Zoning Commission may allow a reduction of the front yard setback to fifteen feet (15') if all parking spaces are located behind the building.

         b.   Rear Yard: The minimum depth of a rear yard shall be twenty feet (20').

         c.   Side Yard: Each lot or parcel of land in the MDR2 zone shall have a side yard of not less than five feet (5') or six inches (6") of setback for every foot of building height, whichever is greater.

            (1)   Side Yard Reduced Setback: A setback of ten feet (10') shall be allowed within side yards that abut other MDR zones, HDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.

      10.   Setbacks And Right-Of-Way:

         a.   Visibility At Intersections: No structures shall be allowed within the triangle formed by measuring thirty feet (30') along each lot line, beginning at their intersection, and closing such triangle with a straight line, provided:

            (1)   Trees are allowed within such triangle if all branches are trimmed from the curb level to at least seven feet (7') above the curb level.

            (2)   Shrubs, hedges and flowers are allowed within such triangle, not to exceed three feet (3') above the curb level.

            (3)   Fences, walls and all other sight obscuring structures are allowed within such triangle not to exceed three feet (3') above curb level. A permit must be obtained from the Zoning Administrator for all structures under this subsection. A fee in such amount as established by resolution of the City Council per permit shall be charged.

         b.   Visibility At Alleys And Driveways: No fences, walls, hedges or any other sight obstructing objects shall be allowed within the triangle formed by measuring fifteen feet (15') along the alley or driveway and along the lot line from the intersection of said lines, and closing such triangle with a straight line; except for trees as provided in subsection F10a(1) of this section; shrubs, hedges and flowers as provided in subsection F10a(2) of this section; and structures as provided in subsection F10a(3) of this section.

         c.   Front Yard: No building or structure shall be erected closer than is allowed by the use district, from the right-of-way line of the street. Exception: When more than fifty percent (50%) of the lots along a street have existing buildings with a front setback of not more than twenty feet (20'), any new structures will only need to meet the twenty-foot (20') setback. In no case shall a front yard of more than thirty feet (30') be required.

         d.   Side Yard: No building or part of a building, including eaves, shall be erected closer than five feet (5') to any side property line; except corner lots shall maintain a twenty-foot (20') side yard adjacent to the street that intersects the street upon which the building fronts.

         e.   Accessory Uses: An accessory use is a building that is subordinate to, and incidental to, the principal building on the same lot, but does not include any building containing a dwelling unit. An accessory use is an activity or structure incidental or secondary to the principal use on the same lot.

      11.   Building Height:

         a.   No lot or parcel of land in the MDR2 zone shall have a building or structure, which exceeds a maximum height of fifty feet (50'), measured at the top of building’s tallest horizontal wall.

         b.   LDR: If the development is adjacent to a Low Density Residential Zone (LDR), the maximum building height (for buildings adjacent to the LDR zone) shall be no greater than thirty feet (30').

         c.   Accessory Structure: In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.

         d.   Gables and dormers are not included in the height calculation unless their addition raises the overall peak height of the building.

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In an MDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than sixty percent (60%) of the area of the lot or parcel of land.

         b.   Landscaping: At least forty percent (40%) of the area of any lot shall be maintained in landscaping.

         c.   Impervious Surface: On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard, fifty percent (50%) of a rear yard, and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading and Access: Multi-family dwelling, 4 units and above, require 2 ¼ off street parking units per unit. 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.

      15.   Project Plan Approval: Multifamily Housing: All multifamily housing projects are commercial uses and as such as subject to design standards. Design standards assure large building projects address site and building design requirements so as to minimize negative visual impacts on the community. Design standard requirements will be reviewed at site plan approval and upon application for a building permit.

      16.   Fencing: (Reserved).

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   Multifamily Residential Design Standards:

            (1)   Purpose And Content: The purpose of this section is to provide guidance and parameters for the design of buildings throughout Blackfoot (outside of Downtown) that meet the following objectives:

               (A)   Design buildings that respond to the unique context of the site, including frontage/ground floor design, building massing and orientation, and site environmental conditions;

               (B)   Design buildings that address the street and create a pedestrian-friendly environment;

               (C)   Promote original and distinctive building design;

               (D)   Utilize building materials that convey a sense of quality and permanence;

               (E)   Incorporate sustainable development practices; and

               (F)   Demonstrate respect for historic resources.

            (2)   Facade Articulation: Multifamily buildings shall include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every thirty feet (30')) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three (3) of the following features shall be employed at intervals no greater than the unit interval or thirty feet (30') (whichever is less).

               (A)   Use of windows and/or entries.

               (B)   Change in roofline.

               (C)   Change in building material, siding style, and/or window fenestration pattern.

               (D)   Providing vertical building modulation of at least twelve inches (12") in depth if tied to a change in roofline modulation or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least eighteen inches (18"). Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the intent of the standards.

               (E)   Vertical elements such as a trellis with plants, green wall, art element.

               (F)   Other design techniques that effectively break up the massing at no more than thirty-foot (30') intervals.

               (G)   Landscape planting bed at least five feet (5') wide or a raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall with planting materials that are sufficient to obscure or screen at least sixty percent (60%) of the wall’s surface within three (3) years.

               (H)   Installing a vertical trellis in front of the wall with climbing vines or plant materials.

               (I)   Buildings shall employ techniques to recess or project individual windows above the ground floor at least two inches (2") from the facade or incorporate window trim at least four inches (4") in width that features color that contrasts with the base building color.

               (J)   Departures will be considered provided they meet the intent of the standards and the design criteria set forth.

            (3)   Utility Meters, Electrical Conduit, And Other Service Utility Apparatus: These elements shall be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.

            (4)   Service Element Location And Design: All developments shall provide a designated spot for service elements (refuse and disposal). Such elements shall meet the following requirements:

               (A)   Service elements shall be located to minimize the negative visual, noise, odor, and physical impacts to the street environment, adjacent (on and off-site) residents or other uses, and pedestrian areas;

               (B)   The designated spot for service elements shall be paved with concrete; and

               (C)   Appropriate enclosure of the common trash and recycling elements shall be required.

            (5)   Landscaping Design: Purpose:

               (A)   To provide safe, attractive, and usable open spaces that promote pedestrian activity;

               (B)   To create usable space that is suitable for leisure and recreational activities for residents;

               (C)   To create open space that enhances the setting and character of residential, commercial, and mixed-use development; and

               (D)   To promote a variety of open spaces for multifamily uses.

            (6)   Surface Parking Landscaping:

               (A)   Internal parking lot landscaping is required for all lots featuring twelve (12) or more parking spaces (including vehicular sales lots). Uses in Industrial zones are exempt from these requirements.

            Specifically: Landscape planters shall be a minimum of eight feet (8') in width for Class I and II trees and ten feet (10') in width for Class III trees. The required length of the planters shall be the same as the length of the adjacent parking space. Dimensions are measured inside curbs;

               (B)   Type C landscaping shall be utilized for planters, with at least one tree required for every planting island; No linear grouping of parking spaces shall exceed ten (10) in a row without a planting island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the end of parking rows to protect parked vehicles and confine moving traffic to aisles and driveways.

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc., can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights: The keeping of farm animals is not allowed except domestic hen chickens (see 19a). Dogs and cats are allowed as per city code section 6-2-6. Exotic animals such as goats, potbellied pigs, etc. may be allowed with the issuance of a conditional use permit.

         a.   Exception: Notwithstanding any restrictions contained in this code to the contrary, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single-family dwelling or duplex, provided that the following requirements are observed:

            (1)   Eggs produced by such hens shall not be sold for pecuniary gain or profit.

            (2)   Such hens shall not be slaughtered on the premises or raised or sold for slaughter or for pecuniary gain or profit.

            (3)   The hens must be contained in the rear yard by suitable fence, chicken coop, or both. The fence and/or chicken coop must be constructed and maintained in such a manner that they prevent the chickens from leaving the rear yard. The fence and/or chicken coop must be set back at least five feet (5') from the property line on all sides. Notwithstanding the foregoing, the fence may be placed on the property line adjacent to an alleyway at the rear of the property.

            (4)   The chickens must be maintained in such a manner that they do not become a “nuisance” as that term is defined in this code.

            (5)   For the purposes of this subsection, the term “rear yard” means a residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

   G.   High Density Residential 1 (HDR1):

      1.   Purposes And Objectives: The HDR1 zone is established to provide higher density residential housing areas served by collector and arterial streets. The zone shall be characterized by dwellings for three (3) or more families, dormitory housing, ample off-street parking, higher traffic volumes, proximity to other traffic generators and low nuisance potential.

      2.   Permitted And Conditional Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6.

      4.   Lot Width: The minimum lot width in the HDR1 zone is sixty feet (60').

      5.   Lot Depth: The minimum lot depth in the HDR1 zone is sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the HDR2 zone shall abut a public street for a distance of sixty feet (60') on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, which does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density:

         a.   Dwelling unit density shall not exceed thirty (30) units per acre.

         b.   PED: The Pedestrian Emphasis District density is regulated by the City, the adopted Building Code, and any requirements imposed as part of the required CUP.

         c.   Infill/Redevelopment Area: (Reserved).

      9.   Yard Requirements: The following minimum yard requirements shall apply in the HDR1 zone:

         a.   Front Yard: Each lot or parcel in the HDR1 zone shall have a minimum front yard of at least twenty feet (20') from right-of-way.

      Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven feet (7'), the front yard setback may be reduced to twenty feet (20') from right-of-way.

         b.   Parking Lot: If a boulevard strip is present, the front yard setback can be reduced to ten feet (10') for a parking lot.

         c.   Rear Yard: The minimum depth of a rear yard shall be twenty feet (20').

         d.   Side Yard: Each lot or parcel of land in the HDR1 zone shall have a side yard of at least five feet (5') or six inches (6") of setback for each one foot (1') of building height, whichever is greater.

      Exception: A setback of ten feet (10') shall be allowed within side yards that abut other HDR zones, MDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.

         e.   Infill/Redevelopment Setbacks: Setbacks are increased for Infill/Redevelopment projects.

         f.   Accessory Buildings: (Reserved).

      10.   Setbacks And Right-Of-Way:

         a.   Visibility At Intersections: No structures shall be allowed within the triangle formed by measuring thirty feet (30') along each lot line, beginning at their intersection, and closing such triangle with a straight line, provided:

            (1)   Trees are allowed within such triangle if all branches are trimmed from the curb level to at least seven feet (7') above the curb level.

            (2)   Shrubs, hedges and flowers are allowed within such triangle, not to exceed three feet (3') above the curb level.

            (3)   Fences, walls and all other sight obscuring structures are allowed within such triangle not to exceed three feet (3') above curb level. A permit must be obtained from the Zoning Administrator for all structures under this subsection. A fee in such amount as established by resolution of the City Council per permit shall be charged.

         b.   Visibility At Alleys And Driveways: No fences, walls, hedges or any other sight obstructing objects shall be allowed within the triangle formed by measuring fifteen feet (15') along the alley or driveway and along the lot line from the intersection of said lines, and closing such triangle with a straight line; except for trees as provided in subsection G10a(1) of this section; shrubs, hedges and flowers as provided in subsection G10a(2) of this section; and structures as provided in subsection G10a(3) of this section.

         c.   Front Yard: No building or structure shall be erected closer than is allowed by the use district, from the right-of-way line of the street. Exception: When more than fifty percent (50%) of the lots along a street have existing buildings with a front setback of not more than twenty feet (20'), any new structures will only need to meet the twenty-foot (20') setback. In no case shall a front yard of more than thirty feet (30') be required.

         d.   Side Yard: No building or part of a building, including eaves, shall be erected closer than five feet (5') to any side property line; except corner lots shall maintain a twenty-foot (20') side yard adjacent to the street that intersects the street upon which the building fronts.

         e.   Accessory Uses: An accessory use is a building that is subordinate to, and incidental to, the principal building on the same lot, but does not include any building containing a dwelling unit. An accessory use is an activity or structure incidental or secondary to the principal use on the same lot.

      11.   Building Height:

         a.   No lot or parcel of land in the HDR1 zone shall have a building or structure, which exceeds a maximum height of sixty feet (60'),    measured at the top of building’s tallest horizontal wall.

         b.   An unroofed and unenclosed rooftop terrace, an enclosed stairwell, or elevator providing access to the roof, shall not be included in the measurement of total building height.

         c.   Accessory Structure: In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.

         d.   Adjacent Zones: Buildings or portions of buildings within fifty feet (50') of a residential zone other than HDR1 and HDR2 shall be limited to thirty-five feet (35').

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In an HDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy-five percent (75%) of the area of the lot or parcel of land.

         b.   Landscaping:

            (1)   At least twenty-five percent (25%) of the area of any lot shall be maintained in landscaping.

            (2)   On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading and Access: Multi-family dwelling, 4 units and above, require 2 ¼ off street parking units per unit. 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.

      15.   Project Plan Approval: (Reserved).

      16.   Buffers And Fencing:

         a.   Old Yellowstone Highway: (Reserved).

         b.   Fencing: (Reserved).

         c.   Buffers: (Reserved).

         d.   Infill/Redevelopment Buffering: Buffering is increased for infill/redevelopment projects.

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   Multifamily Residential Design Standards:

            (1)   Purpose And Content: The purpose of this section is to provide guidance and parameters for the design of buildings throughout Blackfoot (outside of Downtown) that meet the following objectives:

               (A)   Design buildings that respond to the unique context of the site, including frontage/ground floor design, building massing and orientation, and site environmental conditions;

               (B)   Design buildings that address the street and create a pedestrian-friendly environment;

               (C)   Promote original and distinctive building design;

               (D)   Utilize building materials that convey a sense of quality and permanence;

               (E)   Incorporate sustainable development practices; and

               (F)   Demonstrate respect for historic resources.

            (2)   Facade Articulation: Multifamily buildings shall include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every thirty feet (30')) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three (3) of the following features shall be employed at intervals no greater than the unit interval or thirty feet (30') (whichever is less).

               (A)   Use of windows and/or entries.

               (B)   Change in roofline.

               (C)   Change in building material, siding style, and/or window fenestration pattern.

               (D)   Providing vertical building modulation of at least twelve inches (12") in depth if tied to a change in roofline modulation or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least eighteen inches (18"). Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the intent of the standards.

               (E)   Vertical elements such as a trellis with plants, green wall, art element.

               (F)   Other design techniques that effectively break up the massing at no more than thirty foot (30') intervals.

               (G)   Landscape planting bed at least five feet (5') wide or a raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall with planting materials that are sufficient to obscure or screen at least sixty percent (60%) of the wall’s surface within three (3) years.

               (H)   Installing a vertical trellis in front of the wall with climbing vines or plant materials.

               (I)   Buildings shall employ techniques to recess or project individual windows above the ground floor at least two inches (2") from the facade or incorporate window trim at least four inches (4") in width that features color that contrasts with the base building color.

               (J)   Departures will be considered provided they meet the intent of the standards and the design criteria set forth.

            (3)   Utility Meters, Electrical Conduit, And Other Service Utility Apparatus: These elements shall be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.

            (4)   Service Element Location And Design: All developments shall provide a designated spot for service elements (refuse and disposal). Such elements shall meet the following requirements:

               (A)   Service elements shall be located to minimize the negative visual, noise, odor, and physical impacts to the street environment, adjacent (on and off-site) residents or other uses, and pedestrian areas;

               (B)   The designated spot for service elements shall be paved with concrete; and

               (C)   Appropriate enclosure of the common trash and recycling elements shall be required.

            (5)   Landscaping Design: Purpose:

               (A)   To provide safe, attractive, and usable open spaces that promote pedestrian activity;

               (B)   To create usable space that is suitable for leisure and recreational activities for residents;

               (C)   To create open space that enhances the setting and character of residential, commercial, and mixed-use development; and

               (D)   To promote a variety of open spaces for multifamily uses.

            (6)   Surface Parking Landscaping:

               (A)   Internal parking lot landscaping is required for all lots featuring twelve (12) or more parking spaces (including vehicular sales lots). Uses in Industrial zones are exempt from these requirements.

               (B)   Landscape planters shall be a minimum of eight feet (8') in width for Class I and II trees and ten feet (10') in width for Class III trees. The required length of the planters shall be the same as the length of the adjacent parking space. Dimensions are measured inside curbs.

               (C)   Type C landscaping shall be utilized for planters, with at least one (1) tree required for every planting island. No linear grouping of parking spaces shall exceed ten (10) in a row without a planting island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the end of parking rows to protect parked vehicles and confine moving traffic to aisles and driveways.

         b.   Commercial Uses:

            (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

            (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc. can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than to (2) customers on the premises at any one time.

            (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

         c.   Wind Energy Conversion Systems:

            (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

            (2)   Definitions:

               (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

               (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

            (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

               (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

               (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

               (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

               (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

               (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

               (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

               (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

               (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

               (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

               (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

               (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

               (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

      19.   Animal Rights: The keeping of farm animals is not allowed except domestic hen chickens (see 19a). Dogs and cats are allowed as per city code section 6-2-6. Exotic animals such as goats, potbellied pigs, etc. may be allowed with the issuance of a conditional use permit.

         a.   Exception: Notwithstanding any restrictions contained in this code to the contrary, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single-family dwelling or duplex, provided that the following requirements are observed:

            (1)   Eggs produced by such hens shall not be sold for pecuniary gain or profit.

            (2)   Such hens shall not be slaughtered on the premises or raised or sold for slaughter or for pecuniary gain or profit.

            (3)   The hens must be contained in the rear yard by suitable fence, chicken coop, or both. The fence and/or chicken coop must be constructed and maintained in such a manner that they prevent the chickens from leaving the rear yard. The fence and/or chicken coop must be set back at least five feet (5') from the property line on all sides. Notwithstanding the foregoing, the fence may be placed on the property line adjacent to an alleyway at the rear of the property.

            (4)   The chickens must be maintained in such a manner that they do not become a “nuisance” as that term is defined in this code.

            (5)   For the purposes of this subsection, the term “rear yard” means a residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

   H.   High Density Residential 2 (HDR2):

      1.   Purposes And Objectives: The HDR2 zone is established to provide higher density residential housing areas served by collector and arterial streets. The zone shall be characterized by dwellings for three (3) or more families, dormitory housing, ample off-street parking, higher traffic volumes, proximity to other traffic generators and low nuisance potential.

      2.   Permitted And Conditional Uses: All permitted, conditional, and accessory uses in this zone are regulated by the use table in section 11-4A-6.

      4.   Lot Width: The minimum lot width in the HDR1 zone is sixty feet (60').

      5.   Lot Depth: The minimum lot depth in the HDR1 zone is sixty feet (60').

      6.   Lot Frontage: Each lot or parcel of land in the HDR2 zone shall abut a public street for a distance of at least sixty feet (60') on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, which does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement.

      7.   Prior Created Lots: (Reserved).

      8.   Lot Configuration And Density:

         a.   Dwelling unit density is thirty or more units (30+) per acre.

         b.   PED: The Pedestrian Emphasis District density is regulated by the City, the adopted Building Code, and any requirements imposed as part of the required CUP.

         c.   Infill/Redevelopment Area: The Pedestrian Emphasis District (PED) area lies within the Infill/Redevelopment Overlay.

      9.   Yard Requirements: The following minimum yard requirements shall apply in the HDR1 zone:

         a.   Front Yard: Each lot or parcel in the HDR2 zone shall have a minimum front yard of at least seven feet (7') from right-of-way.

         b.   Parking Lot: If a boulevard strip is present, the front yard setback can be reduced to ten feet (10') for a parking lot.

         c.   Rear Yard: The minimum depth of a rear yard shall be twenty feet (20').

         d.   Side Yard: Each lot or parcel of land in the HDR2 zone shall have a side yard of at least six feet (6') or six inches (6") of setback for every foot (1') of building height, whichever is greater.

      Exception: A setback of ten feet (10') shall be allowed within side yards that abut other HDR zones, MDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.

         e.   Infill/Redevelopment Setbacks: Setbacks are increased for infill/redevelopment projects.

         f.   Accessory Buildings: (Reserved).

      10.   Setbacks And Right-Of-Way:

         a.   Visibility At Intersections: No structures shall be allowed within the triangle formed by measuring thirty feet (30') along each lot line, beginning at their intersection, and closing such triangle with a straight line, provided:

            (1)   Trees are allowed within such triangle if all branches are trimmed from the curb level to at least seven feet (7') above the curb level.

            (2)   Shrubs, hedges and flowers are allowed within such triangle, not to exceed three feet (3') above the curb level.

            (3)   Fences, walls and all other sight obscuring structures are allowed within such triangle not to exceed three feet (3') above curb level. A permit must be obtained from the Zoning Administrator for all structures under this subsection. A fee in such amount as established by resolution of the City Council per permit shall be charged.

         b.   Visibility At Alleys And Driveways: No fences, walls, hedges or any other sight obstructing objects shall be allowed within the triangle formed by measuring fifteen feet (15') along the alley or driveway and along the lot line from the intersection of said lines, and closing such triangle with a straight line; except for trees as provided in subsection H10a(1) of this section; shrubs, hedges and flowers as provided in subsection H10a(2) of this section; and structures as provided in subsection H10a(3) of this section.

         c.   Front Yard: No building or structure shall be erected closer than is allowed by the use district, from the right-of-way line of the street. Exception: When more than fifty percent (50%) of the lots along a street have existing buildings with a front setback of not more than twenty feet (20'), any new structures will only need to meet the twenty foot (20') setback. In no case shall a front yard of more than thirty feet (30') be required.

         d.   Side Yard: No building or part of a building, including eaves, shall be erected closer than five feet (5') to any side property line; except corner lots shall maintain a twenty-foot (20') side yard adjacent to the street that intersects the street upon which the building fronts.

         e.   Accessory Uses: An accessory use is a building that is subordinate to, and incidental to, the principal building on the same lot, but does not include any building containing a dwelling unit. An accessory use is an activity or structure incidental or secondary to the principal use on the same lot.

         f.   Underground Parking Structures: Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two feet (2').

      11.   Building Height:

         a.   No lot or parcel of land in the HDR2 zone shall have a building or structure, which exceeds a maximum height of sixty feet (60'), measured at the top of building’s tallest horizontal wall.

         b.   An unroofed and unenclosed rooftop terrace, an enclosed stairwell, or elevator providing access to the roof, shall not be included in the measurement of total building height.

         c.   Accessory Structure: In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.

         d.   Adjacent Zones: Buildings or portions of buildings within fifty feet (50') of a residential zone other than HDR1 and HDR2 shall be limited to thirty-five feet (35').

      12.   Distance Between Buildings: (Reserved).

      13.   Permissible Lot Coverage:

         a.   Building Coverage: In an HDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty percent (80%) of the area of the lot or parcel of land.

         b.   Landscaping:

            (1)   At least twenty percent (20%) of the area of any lot shall be maintained in landscaping.

            (2)   On any lot, concrete or asphaltic cement shall not cover more than forty percent (40%) of a front yard and one hundred percent (100%) of one (1) side yard.

      14.   Parking, Loading and Access: Multi-family dwelling, 4 units and above, require 2 ¼ off street parking units per unit. 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.

      15.   Project Plan Approval: (Reserved).

      16.   Buffers And Fencing:

         a.   Old Yellowstone Highway.

         b.   Fencing.

         c.   Buffers.

         d.   Infill/Redevelopment Buffering: Buffering is increased for infill/redevelopment projects.

      17.   Signs: For signs, see city sign code.

      18.   Other Requirements:

         a.   Multifamily Residential Design Standards:

            (1)   Purpose And Content: The purpose of this section is to provide guidance and parameters for the design of buildings throughout Blackfoot (outside of Downtown) that meet the following objectives:

               (A)   Design buildings that respond to the unique context of the site, including frontage/ground floor design, building massing and orientation, and site environmental conditions;

               (B)   Design buildings that address the street and create a pedestrian-friendly environment;

               (C)   Promote original and distinctive building design;

               (D)   Utilize building materials that convey a sense of quality and permanence;

               (E)   Incorporate sustainable development practices; and

               (F)   Demonstrate respect for historic resources.

            (2)   Facade Articulation: Multifamily buildings shall include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every thirty feet (30)) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three (3) of the following features shall be employed at intervals no greater than the unit interval or thirty feet (30') (whichever is less).

               (A)   Use of windows and/or entries.

               (B)   Change in roofline.

               (C)   Change in building material, siding style, and/or window fenestration pattern.

               (D)   Providing vertical building modulation of at least twelve inches (12") in depth if tied to a change in roofline modulation or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least eighteen inches (18"). Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the intent of the standards.

            (E)   Vertical elements such as a trellis with plants, green wall, art element.

            (F)   Other design techniques that effectively break up the massing at no more than thirty-foot (30') intervals.

            (G)   Landscape planting bed at least five feet (5') wide or a raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall with planting materials that are sufficient to obscure or screen at least sixty percent (60%) of the wall’s surface within three (3) years.

            (H)   Installing a vertical trellis in front of the wall with climbing vines or plant materials.

            (I)   Buildings shall employ techniques to recess or project individual windows above the ground floor at least two inches (2") from the facade or incorporate window trim at least four inches (4") in width that features color that contrasts with the base building color.

            (J)   Departures will be considered provided they meet the intent of the standards and the design criteria set forth.

         (3)   Utility Meters, Electrical Conduit, And Other Service Utility Apparatus: These elements shall be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.

         (4)   Service Element Location And Design: All developments shall provide a designated spot for service elements (refuse and disposal). Such elements shall meet the following requirements:

            (A)   Service elements shall be located to minimize the negative visual, noise, odor, and physical impacts to the street environment, adjacent (on- and off-site) residents or other uses, and pedestrian areas;

            (B)   The designated spot for service elements shall be paved with concrete; and

            (C)   Appropriate enclosure of the common trash and recycling elements shall be required.

         (5)   Landscaping Design: Purpose:

            (A)   To provide safe, attractive, and usable open spaces that promote pedestrian activity;

            (B)   To create usable space that is suitable for leisure and recreational activities for residents;

            (C)   To create open space that enhances the setting and character of residential, commercial, and mixed-use development; and

            (D)   To promote a variety of open spaces for multifamily uses.

         (6)   Surface Parking Landscaping:

            (A)   Internal parking lot landscaping is required for all lots featuring twelve (12) or more parking spaces (including vehicular sales lots). Uses in Industrial zones are exempt from these requirements. Specifically: Landscape planters shall be a minimum of eight feet (8') in width for Class I and II trees and ten feet (10') in width for Class III trees. The required length of the planters shall be the same as the length of the adjacent parking space. Dimensions are measured inside curbs;

            (B)   Type C landscaping shall be utilized for planters, with at least one (1) tree required for every planting island. No linear grouping of parking spaces shall exceed ten (10) in a row without a planting island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the end of parking rows to protect parked vehicles and confine moving traffic to aisles and driveways.

      b.   Commercial Uses:

         (1)   Schools and churches are authorized in all residential zones. Off-street parking must be provided for all participants and employees. Designated drop-off zones, free from traffic interference, must be provided for those who arrive in other than personal conveyance.

         (2)   Small service type businesses, such as accounting, tax preparation, dog groomers, hair salons, childcare services, etc. can be authorized in most residential zones with the issuance of a conditional use permit. These businesses cannot have more than two (2) employees. Off-street parking must be provided for all employees. Such businesses cannot have more than two (2) customers on the premises at any one time.

         (3)   Small commercial enterprises such as corner markets, bake shops, etc. can be authorized in residential zones by applying for a Neighborhood Business District designation. Off-street parking must be provided for all employees and customers.

      c.   Wind Energy Conversion Systems:

         (1)   Purpose And Intent: To balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This section establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

         (2)   Definitions:

            (A)   RESIDENTIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

            (B)   TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

         (3)   Regulations: Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below:

            (A)   Tower Height: For property sizes less than one acre, the tower height shall be limited to sixty feet (60'). For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

            (B)   Clearance Of Blade: No portion of the residential wind energy system shall extend within twenty feet (20') of the ground.

            (C)   Setback: No part of the wind system structure, including guywire anchors, may extend closer than ten feet (10') to the property boundaries of the installation site; provided, that it also complies with any applicable fire setback requirements.

            (D)   Automatic Over Speed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

            (E)   Sound: Residential wind energy systems shall not exceed sixty (60) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short term events, such as utility outages and/or severe windstorms.

            (F)   Approved Wind Turbines: Residential wind turbines must be approved under an emerging technology program, such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

            (G)   Compliance With International Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

            (H)   Compliance With FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

            (I)   Compliance With National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

            (J)   Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

            (K)   Minimum Lot Size: The minimum lot size for a tower shall be forty thousand (40,000) square feet.

            (L)   Placement On Lot: The tower must be placed in the lot so that in the event the tower falls in any direction, it cannot encroach on adjoining property.

   19.   Animal Rights: The keeping of farm animals is not allowed except domestic hen chickens (see 19a). Dogs and cats are allowed as per city code section 6-2-6. Exotic animals such as goats, potbellied pigs, etc. may be allowed with the issuance of a conditional use permit.

      a.   Exception: Notwithstanding any restrictions contained in this code to the contrary, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single-family dwelling or duplex, provided that the following requirements are observed:

         (1)   Eggs produced by such hens shall not be sold for pecuniary gain or profit.

         (2)   Such hens shall not be slaughtered on the premises or raised or sold for slaughter or for pecuniary gain or profit.

         (3)   The hens must be contained in the rear yard by suitable fence, chicken coop, or both. The fence and/or chicken coop must be constructed and maintained in such a manner that they prevent the chickens from leaving the rear yard. The fence and/or chicken coop must be set back at least five feet (5') from the property line on all sides. Notwithstanding the foregoing, the fence may be placed on the property line adjacent to an alleyway at the rear of the property.

         (4)   The chickens must be maintained in such a manner that they do not become a “nuisance” as that term is defined in this code.

         (5)   For the purposes of this subsection, the term “rear yard” means a residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

(Ord. 2208, 7-6-2021; amd. Ord. 2224, 6-7-2022; Ord. 2236, 4-4-2023; Ord. 2242, 7-5-2023; Ord. 2248, 11-7-2023)

   A.   Neighborhood Commercial:

      1.   Neighborhood Commercial C1: The purpose in establishing the Neighborhood Commercial Zone is to provide a district in which business, professional and government offices can be established, also in which cultural facilities and certain other uses of a semicommercial nature can meet the needs of the neighborhood. (2003 Code § 11-04-09)

      2.   Neighborhood Commercial C1-R: The purpose in establishing the Neighborhood Commercial Zone is to provide a district in which business, professional and government offices can be established, also in which cultural facilities and certain other uses of a semicommercial nature can meet the needs of the neighborhood. Allowed in the district will be residential apartments, except in the story abutting street level. Original residential structures within these zones used for commercial purposes would be allowed to return to residential use if the structure has not been materially modified from its exterior residential design, without the requirement of obtaining a conditional use permit to return to its original use.

   B.   Community Commercial:

      1.   Community Commercial C2: The purpose in establishing the Community Commercial Zone is to provide a district in which the primary use of land is for business purposes and promotes the development of retail shopping stores and service establishments. (2003 Code § 11-04-09)

      2.   Community Commercial C2-R: The purpose in establishing the Community Commercial Zone is to provide a district in which the primary use of land is for business purposes and promotes the development of retail shopping stores and service establishments. Allowed in the district will be residential apartments, except in the story abutting street level. Original residential structures within these zones used for commercial purposes would be allowed to return to residential use if the structure has not been materially modified from its exterior residential design, without the requirement of obtaining a conditional use permit to return to its original use.

   C.   Service Commercial C3: The purpose in establishing the Service Commercial Zone is to provide areas of land where activities of a service nature are more intensive in character than other Commercial Zones, in which business could provide service to both the community and industry.

   D.   Light Industrial M1: The purpose in establishing the Light Industrial Zone is to provide for and encourage industries such that the appearance of buildings and treatment of land will not be detrimental or obtrusive to surrounding commercial or residential uses.

   E.   Heavy Industrial M2: The purpose in establishing the Heavy Industrial Zone is to provide for suitable areas in which heavy industrial uses may locate and be substantially free from residential or retail commercial activities. (2003 Code § 11-04-09)

   F.   Downtown Business District (DBD): The purpose in establishing the Downtown Business District is to provide a district in which the primary use of land is for business purposes and promotes the development of retail shopping stores and service establishments. Encouraged in the district will be residential apartments, except in the story abutting street level.

   G.   Project Redevelopment Option (PRO) Zone:

      1.   Purpose; Applicability:

         a.   Intent: This subsection G creates a regulatory framework to govern the enactment of regulations to further the intention of the Comprehensive Plan, particularly, but not exclusively, in older, densely developed areas of the City.

         b.   Purpose: The purpose of the Project Redevelopment Option ("PRO") Zone is to create a regulatory tool that permits initiative and flexibility in creating well-planned, architecturally-designed development that meets the needs of the community. More particularly, the intent of the City Council in enacting this subsection G is to:

            (1)   Encourage creative and efficient utilization of land.

            (2)   Encourage assemblage of property to create harmonious and efficient development patterns and projects.

            (3)   Provide land use and design standards tailored to specific geographic areas so that new development outcomes are more predictable and compatible with surrounding land uses.

            (4)   Coordinate property development and design, including large-scale facilities, with development, both existing and as envisioned by the City of Blackfoot Comprehensive Plan, on adjoining and nearby property.

            (5)   Minimize the effect of additional traffic.

            (6)   Improve parking and air quality.

            (7)   Encourage new development that fosters a sense of community.

            (8)   Better manage the location, timing, and sequencing of new development.

            (9)   Provide an opportunity to involve the public.

      2.   Zone Establishment:

         a.   The provisions of this subsection G shall apply to every PRO Zone created under the authority of this chapter.

         b.   To establish a PRO Zone, an applicant shall submit a petition (application). The application shall then be considered for approval as provided in this title.

      3.   Optional Schematic Development Plan:

         a.   Schematic Plan Submittal: An applicant may, before submitting a proposed PRO application as required by this subsection G, submit an application showing a proposed schematic development plan for the subject property. A schematic development plan shall be considered by the Planning and Zoning Commission and City Council as provided in this section.

         b.   What To Include In A Schematic Development Plan: A schematic development plan application shall include the following:

            (1)   A review fee of five hundred dollars ($500.00).

               (A)   Fifty percent (50%) of the schematic development plan application fee may be applied to the application fee for a PRO Zone if the City Council recommends that an applicant apply as provided in subsection G3b(4) of this section.

            (2)   A public hearing notice fee as required by the City codes, and administrative policies of the City of Blackfoot.

            (3)   A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development.

            (4)   A schematic development plan which shows how a property could be developed under proposed PRO Zone regulations. A schematic development plan shall be drawn to scale and must show a realistic layout reflecting how the property reasonably could be developed considering the development standards of a proposed PRO Zone, and existing and envisioned conditions on the subject property and adjoining property. A schematic development plan should show at least the following; whatever is shown shall be construed as the intent of the plan:

               (A)   Location of proposed uses, including dwelling unit density and occupancy.

               (B)   Height, location, bulk and preliminary elevations of buildings.

               (C)   Location, arrangement, and configuration of open space, landscaping, and building setbacks.

               (D)   Location, access points, and design of off- street parking areas.

               (E)   Number, size, and location of signs.

               (F)   Street layout, and traffic and pedestrian circulation patterns, including proposed access to the property.

               (G)   Relationship of the property to adjoining and nearby properties and uses.

            (5)   A schematic development plan is not intended to permit actual development of property pursuant to such a plan but shall be prepared merely to represent how the property could be developed. Submittal and review of an application for a schematic development plan shall not create any vested rights to development.

               (A)   Neighborhood Meeting: A neighborhood meeting shall be held at least two (2) weeks prior to presenting a schematic development plan at a meeting of the Planning and Zoning Commission.

               (B)   Process Leading To The Public Hearing: Pursuant to the notice and hearing requirements of the State and this Code, the schematic development plan shall be first submitted to the Planning and Zoning Commission for a recommendation and thereafter to the City Council for consideration. After a public hearing, the Council may vote to recommend that an applicant:

                  (i)   Apply to a PRO Zone that would allow development:

                     (a)   As shown on the schematic development plan; or

                  (ii)   As amended to address issues identified by the City Council to accomplish the goals and objectives of the Comprehensive Plan; or

                  (iii)   Not submit a PRO Zone application.

      4.   PRO Zone Application Requirements:

         a.   Requirements: The following materials shall be included with every application for the establishment of a PRO Zone:

            (1)   Proposed zone name and location.

            (2)   A statement showing how the proposed PRO Zone relates to the Comprehensive Plan and furthers the intent of the plan.

            (3)   A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development.

            (4)   Proposed zone text, including:

               (A)   Permitted, conditional, and accessory uses (individually listed and defined).