In addition to all other regulations as specified in this title, the following provisions shall be adhered to:

   A.   Temporary Buildings: Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work may be permitted only in any district during the period the construction work is in progress; however, such temporary facilities shall be removed upon completion of the construction work.

   B.   Required Trash Area: All trash and/or garbage collection areas for commercial, industrial, and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash or garbage as determined by the planning and zoning clerk shall be provided.

   C.   Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building or carport. However, one boat and one travel trailer or recreation vehicle may be stored in the side or rear yards behind the front yard. (1974 Code § 4-1301)

   A.   Located Within Lot Of Ownership; Vacated Alley: All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated, permitted uses may be located at the centerline of such alley, provided:

      1.   Proof of ownership is established;

      2.   Disclaimer by the city of any utility easements; and

      3.   Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure.

   B.   Front Yard Area: The accessory building will not be located in any front yard area.

   C.   Distance From Side Or Rear Property Line: The accessory building will not be located closer than five feet (5') from any side or rear property line.

   D.   Detached Or Connected To Principal Building: An accessory building may be erected detached from the principal building, or it may be connected thereto by a breezeway or similar structure.

   E.   Prohibited Locations; Exception: No accessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent (10%) or greater, a private garage may be erected within the front yard, but not within fifteen feet (15') of any street line.

   F.   Rear Yard Requirements: If located in a rear yard, both detached and connected accessory buildings shall be subject to the requirements set forth in the following subsections:

      1.   No part of an accessory building on a corner lot located within twenty five feet (25') of an adjacent residentially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the existing front yard or required street side yard for a building on such adjacent lot, nor shall accessory buildings project into the side or front yard for the principal building to which it is accessory.

      2.   Coverage of rear yard by accessory buildings shall not exceed twenty five percent (25%).

      3.   No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height. (1974 Code § 4-1302)

   A.   Accessory Use Review Process: The planning and zoning clerk shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certifications for those which are determined to be accessory and which otherwise comply with this section. Nonimpacting (i.e., no vehicular or foot traffic, noise etc.) home occupations may be approved by the planning and zoning clerk as an accessory use. All other home occupation permits shall follow the procedures of subsection C1 of this section.

   B.   Basis For Determination: The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is accessory, the following factors shall be used:

      1.   The size of the lot in question;

      2.   The nature of the principal permitted use;

      3.   The use made of adjacent lots;

      4.   The actual incidence of similar use in the area;

      5.   The potential for adverse impact on adjacent property; and

      6.   The applicant must be the occupant of the property under consideration and the user of the accessory use. If the occupant is not the owner, written consent of the owner must accompany the application.

   C.   Uses:

      1.   Family Childcare Homes And Home Occupations: Family childcare homes and home occupations may be considered to be permissible accessory uses in the residential districts if they are approved after applying the following additional review procedures and the applicable accessory use standards of section 9-12-2 of this chapter:

         a.   Notice Of Application:

            (1)   Notice of the application shall be mailed by first class mail to owners of property which abut the external lot boundary lines of the property under consideration.

            (2)   Applicant shall provide the city with a list of property owner names from the tax records of Twin Falls County.

            (3)   Properties across a street or alley or kitty corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of publication referenced in subsection C1b of this section shall be allowed for written comments.

         b.   Publication Of Notice: Notice of the application shall be published in the Buhl Herald and fifteen (15) days after publication shall be allowed for written comments. (1974 Code § 4-1303)

         c.   Additional Water, Sewer And Trash Charges: The applicant shall be required to pay any additional sewer, water and sanitation charges or fees, if any are required. (1974 Code § 4-1303; amd. 2010 Code)

         d.   Fee: Pay a fee established by resolution of the city council.

         e.   Decision Of Commission: The commission, using the standards set forth in this chapter and considering any written comments, shall grant the application together with restrictions, if necessary, or deny the application after making findings of fact and conclusions. If there are no appeals filed, the decision shall be final.

         f.   Appeal: Any aggrieved party may appeal the decision to the council within fifteen (15) days of the commission decision in accordance with the procedures in chapter 3, article D of this title.

      2.   Group Childcare Homes And Childcare Centers: Are not accessory uses and are regulated as conditional uses. (See chapter 18 of this title for conditional use procedures.)

      3.   Family Childcare Home Standards:

         a.   Intent: It is the intent of this subsection to provide for accessory family childcare homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children.

         b.   Applicable Conditions: The following conditions shall apply:

            (1)   Secure and maintain a childcare license from the Idaho state department of health and welfare, childcare licensing division, if required.

            (2)   Acquire zoning certification and receive approval after the review process.

            (3)   Provide one off street parking space per employee which may be the driveway to the home.

            (4)   Provide for a child pick up area located off of arterial or collector streets.

            (5)   Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties.

            (6)   Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets.

         c.   Revocation Of Zoning Certification: Violation of any of the above conditions shall be cause to revoke a zoning certification for a family childcare home.

      4.   Home Occupation Standards:

         a.   Intent: It is the intent of this subsection to permit home occupations in residential dwellings which do not change the appearance of the residence nor the condition of its residential character.

         b.   Applicable Conditions: The following conditions shall apply:

            (1)   No persons other than members of the family residing on the premises shall be engaged in such occupation;

            (2)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;

            (3)   No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use;

            (4)   No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title and shall not be located in a required front yard;

            (5)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence;

            (6)   In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, and in the emission of noise, fumes, odors, vibrations or electrical interference;

            (7)   One sign, not exceeding four (4) square feet in area, nonilluminated, or mounted flat against the wall of the principal building, or placed in one window of the principal dwelling shall be allowed. A sign permit is required.

         c.   Revocation Of Accessory Use Permit: Violation of any of the above conditions shall be cause to revoke an accessory use permit for a home occupation. (1974 Code § 4-1303)

   A.   Performance Standards: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises except that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: (1974 Code § 4-1304)

      1.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the fire code and the national safety foundation publications; (1974 Code § 4-1304; amd. 2010 Code)

      2.   Radioactivity Or Electrical Disturbances: No activity shall emit harmful radioactivity at any point adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance;

      3.   Noise: Objectional noise which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement;

      4.   Vibration: No vibration shall be permitted which is discernible without instruments on an adjoining lot or property;

      5.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authorities;

      6.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street;

      7.   Erosion: No erosion by man, wind, or water shall be permitted which will carry objectionable substances onto neighboring properties;

      8.   Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authorities.

   B.   Enforcement Provisions: The planning and zoning clerk, prior to the issuance of a certification of zoning compliance, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in the processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

   C.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, and the health authority. (1974 Code § 4-1304)

   A.   Purpose: The purpose of the FP district is to guide development in the floodway and floodway fringe areas of any watercourse that flood flows, and to minimize the expense and inconveniences to the individual property owners and the general public through flooding. Uses permitted and conditional uses that are authorized in this district are generally associated with open space, recreational and agricultural land uses and shall not hinder the movement of floodwaters. The FP district is superimposed over other districts.

   B.   Uses: All uses are permitted in the respective districts with which the FP district is combined with the exception that structures used in carrying out those permitted activities must be approved by the commission and the council under the conditional use permit procedure and deemed appropriate to be located within the floodway or floodway fringe.

   C.   Conditional Use: When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in a floodplain overlay zone:

      1.   Structures used in carrying out permitted activities provided detailed engineering data is supplied by the applicant who bears the burden of proof that such structures can be located in areas of plateaus, benches or upon manmade fills or can be otherwise elevated so as not to be affected by floodwaters; provided, that:

         a.   Sewer and water systems shall be floodproofed and approved by the district health department of the department of health and welfare that has jurisdiction; and

         b.   No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of said building or structure is placed a minimum of one foot (1') above the elevation of the 100-year flood level. No basement floor shall be below this one foot (1') safety margin. Foundations of all structures shall be designed and constructed to withstand flood conditions at the site; and

         c.   The applicant will provide an engineer's certification that the above requirements have been fulfilled.

      2.   Other structures used in carrying out permitted activities, provided such structures will not be subject to substantial flood damage and will not increase flood related damages on other lands. These may include structures which can be readily removed from flood hazard areas during periods of high water.

   D.   Conditions:

      1.   Conditions that may be required by the commission in approving the use of structures in a floodplain overlay zone shall include:

         a.   Limitations on periods of use operation;

         b.   Imposition of deed restrictions;

         c.   Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge;

         d.   Requirement for construction of channel modification, dikes, levees and other protective measures;

         e.   Placement of survey bench marks; and

         f.   Floodproofing measures designed to be consistent with flood protection elevation for a particular area:

            (1)   Anchorage to resist flotation, collapse and lateral movement;

            (2)   Installation of watertight doors, bulkheads and shutters;

            (3)   Reinforcement of walls to resist water pressures;

            (4)   Use of paints, membranes or mortars to reduce seepage of water through walls;

            (5)   Addition of mass or weight to structures to resist flotation;

            (6)   Installation of pumps to lower water levels in structures;

            (7)   Construction of on site water supply and waste treatment systems to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters;

            (8)   Pumping facilities for subsurface external foundation wall and basement flood pressures;

            (9)   Construction to resist rupture or collapse caused by water pressure or floating debris;

            (10)   Cutoff valves on sewage lines or the elimination of gravity flow basement drains; and

            (11)   Location of on site waste disposal systems so as to avoid impairment of them or contamination from them during flooding.

   E.   Storage Of Materials And Equipment: Materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by floodwaters are prohibited. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning.

   F.   Other Considerations: The evaluation of the effect on a proposed use in the floodway and floodway fringe areas causing increases in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the commission in making any decision.

   G.   Nonliability Clause: The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature of the city or the commission, or by any officer or employee thereof, the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

   H.   Restrictions: Restrictions regarding height, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific district located within the floodplain overlay zone area.

   I.   Prohibited Uses: It shall be unlawful to erect, alter, maintain or establish in a floodplain overlay zone any building, use or occupancy not permitted or allowed in the foregoing provisions, except existing, nonconforming uses may continue as herein provided. (1974 Code § 4-1305)

Certain unique land uses may influence surrounding land uses. The following performance standards for such unique land uses shall be complied with in addition to other provisions of this title, such as land use and zoning:

   A.   Animal uses, animal clinics, animal hospitals, veterinary office and kennel:

      1.   Will be located at least five hundred feet (500') from any residence including motels and hotels except for an owner's residence. The commission may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property; and

      2.   Will comply with all regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

   B.   Meatpacking and processing plant:

      1.   Will be located not less than six hundred feet (600') from any residence except for an owner's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line;

      2.   Will be designed and located with full consideration to their proximity to adjacent uses, to their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor; and

      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the requirements of the health authority as to the elimination of waste materials and maintenance of water quality control.

   C.   Bulk storage of flammable liquids and gases, aboveground and for resale: (1974 Code § 4-1306)

      1.   Will be located and constructed according to the regulations of the fire code; (1974 Code § 4-1304; amd. 2010 Code)

      2.   Will be erected subject to the approval of the city fire chief; and

      3.   Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the city fire chief.

   D.   Chemicals, pesticide and fertilizer storage and manufacturing:

      1.   Will have adequate fire protection, storage area, handling and disposal as approved by the city fire chief; and (1976 Code § 4-1306)

      2.   Will be located and constructed according to the regulations of the fire code. (1976 Code § 4-1306; amd. 2010 Code)

   E.   Contractor's yard (agency maintenance yard):

      1.   Will be located a minimum distance of three hundred feet (300') from any residence except for an owner's residence;

      2.   Will have a screening fence around areas utilized for storage of equipment; and

      3.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

   F.   Drive-in establishment: Will avoid the direction of night lighting toward any residence.

   G.   Drive-in restaurant:

      1.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties;

      2.   Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence;

      3.   Will provide for adequate trash receptacles; and

      4.   Will avoid the direction of night lighting toward any residence.

   H.   Filling, grading, lagooning, dredging or other earthmoving activity:

      1.   Will result in the smallest amount of bare ground exposed for the shortest time feasible;

      2.   Will provide temporary ground cover such as mulch;

      3.   Will use diversions, silting, basins, terraces, and other methods to trap sediment;

      4.   Will provide lagooning in such a manner as to avoid creation of fish trap conditions;

      5.   Will not restrict a channel or natural drainageway;

      6.   Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;

      7.   Will not have below grade excavation except for drainageway within fifty feet (50') of any lot line or public right of way; and

      8.   Will restore topsoil or loam to a depth of not less than four inches (4").

   I.   Gravel pits, rock quarries, sand and clay pits and other natural resources of commercial value:

      1.   The extent and method of rehabilitation shall be determined in advance of issuing certification of zoning compliance, with due consideration given to what is suitable and compatible with the surrounding area;

      2.   Upon depletion of the area, all temporary buildings and structures (except property line fences and structures for the loading, measuring or weighing of salable material in storage) shall be entirely removed from the property; and

      3.   Safety fences shall be erected around all pits that create a safety hazard.

   J.   Mobile home/manufactured home parks: See chapter 22 of this title.

   K.   Outdoor storage of commercial and industrial materials:

      1.   Will be screened from view from any existing adjoining residence or residentially zoned area whether or not such property is separated by an alleyway or streets; and

      2.   Will not be located in any front yard setback area.

   L.   Public and semipublic parks, and playgrounds:

      1.   Purpose:

         a.   To foster the appropriate location and layout of public parks and playgrounds and recreational areas.

         b.   To harmonize the various features and facilities of parks and playgrounds with surrounding area, so as to produce sound, stable residential neighborhoods.

         c.   To foster a coordination of public recreational facilities on the part of the city and other public and semipublic agencies.

      2.   Conditional Use:

         a.   Required: A conditional use permit issued by the city is required for establishing new locations and site plans for the construction of a public or semipublic park.

         b.   Application And Plan: An application for approval of a conditional use permit shall be accomplished by plans showing the general layout and location of roadways, entrances, exits, walks, paths, buildings, structures, landscaped areas, off street parking, drainage, water supply, sewerage and other features of design.

         c.   Planning And Zoning Commission: Prior to the issuance of a conditional use permit, the overall plan and said park or playground shall be prepared and submitted to the commission.

         d.   Hearings: Public hearings shall be held pursuant to chapter 18 of this title.

      3.   Standard Requirements:

         a.   Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient quantities to ensure a parklike appearance. The materials selected shall be in accordance with standards set by the beautification committee.

         b.   Facilities involving lights shall be located and the lights shall be designed and located so that glare and discomfort will not unreasonably affect surrounding residences.

         c.   Off street parking areas and other facilities which attract or are intended to accommodate spectators, shall be screened or located so that the detrimental effects of noise and traffic on any surrounding residential area will be kept to a minimum. Further, no required front yard of the lot on which the building is located shall be used for play or parking purposes.

         d.   The entire layout and design shall be arranged to harmonize with the objectives and characteristics of the district in which they are located.

         e.   Adequate ingress and egress and off street parking shall be provided for vehicles and pedestrians which the park playground is intended to serve.

   M.   Schools:

      1.   Purpose:

         a.   To foster appropriate locations to accommodate students.

         b.   To harmonize various features and facilities with surrounding areas, so as to produce sound, stable residential neighborhoods.

         c.   To foster a coordination of facilities on the part of the city and the school districts and other public and semipublic agencies.

      2.   Conditional Use:

         a.   Requirement: A conditional use permit shall not be required to establish a new school building on property designated as "Schools" on the zoning map adopted with this title. The procedures set forth under subsection L2 of this section shall be followed for construction in all other locations.

         b.   Coordination With City: The school district shall coordinate with the city engineer and maintenance departments in regards to the construction of new sewer and water lines and street and traffic requirements for a new school prior to the beginning of a new school so that the school district may be made aware of any costs it will be expected to bear prior to making cost estimates for construction and bond elections.

      3.   Standard Requirements:

         a.   Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient quantities to enhance the neighborhood. The materials selected shall be coordinated with the beautification committee.

         b.   Facilities involving lights shall be located and designed so that glare and discomfort will not unreasonably affect surrounding residences.

         c.   Off street parking areas and other facilities which attract or are intended to accommodate spectators, shall be located so that the effects of noise and traffic on any surrounding residential area will be kept to a minimum. Further, no required front yard of the lot on which any building is located shall be used for play or parking purposes.

         d.   The entire layout and design shall be arranged to harmonize with the objectives and characteristics of the district in which they are located.

         e.   Adequate ingress and egress and off street parking shall be provided for vehicles and pedestrians which the school is designed to serve.

   N.   Recreational vehicle parks: See chapter 23 of this title.

   O.   Riding stables and riding schools:

      1.   Will locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line;

      2.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor;

      3.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance; and

      4.   Will have a minimum total area for the riding stable and/or school of ten (10) acres.

   P.   Rifle and pistol range:

      1.   Will be designed with a backstop or designed to avoid a line of fire that is directed towards any residence or business within one mile;

      2.   Will incorporate landscaping that is compatible with the surrounding landscaping; and

      3.   Will provide supervision and security measures during periods of use.

   Q.   Storage Facility, RV Storage, Boat Storage, Self-Service Storage, and Outdoor-only Self-Service Storage: Specific standards for storage facilities to ensure the aesthetic, structural, and safety standards of self-storage facilities within the city limits and area of impact shall be as follows:

      1.   General Provisions:

         a.   Prohibited Materials: Metal storage containers, including Conex (shipping) containers, are prohibited for commercial self-storage units or facilities.

         b.   Construction Types: Storage facilities must be constructed using one (1) or more of the following construction methods in compliance with international building code standards:

         (1)   Stick-Built Construction: Traditional wood-frame construction methods.

         (2)   Post-Frame Buildings: Vertical post and wood framing techniques; also known as pole barns.

         (3)   Pre-Engineered Steel Building (PEMBs): High-quality, prefabricated steel structures designed specifically for self-storage.

         (4)   Masonry (Concrete of CMU): Durable, fire-resistant concrete block construction.

         (5)   Tilt-Up Concrete Panels: Precast or site-cast reinforced concrete wall panels, lifted into place to form exterior and/or interior walls.

         c.   Storage: The storage of any items and materials other than vehicles, RVs, or trailers is prohibited unless otherwise approved by the commission; provided that items and materials contained within a vehicle, RVs, or trailer are permitted.

      2.   Operational Standards:

         a.   Storage areas shall not be used as dwellings, or for commercial or industrial business places.

         b.   The manufacture or sale of items at self-service storage facilities is prohibited except for storage company auctions of delinquent accounts.

         c.   Yard sales and online marketplace pickups at storage facility areas are also prohibited.

         d.   Maximum size of individual storage areas shall be five hundred (500) square feet.

         e.   Hours Of Operation: Public operating hours shall be limited to seven o’clock (7:00) A.M. to ten o’clock (10:00) P.M. unless otherwise approved or restricted through the conditional use permit.

         f.   Noise: Use of the property shall comply with title 4, chapter 3, article C “Offenses Affecting Public Peace and Quiet” of the Buhl city code.

      3.   Design And Access:

         a.   Spacing:

         (1)   Minimum travel lane width: twenty feet (20') for emergency vehicles.

         (2)   Each space must be accessible from an access aisle that is at least twenty feet (20') wide.

         b.   Perimeter:

         (1)   Facilities must be fully fenced, walled, or enclosed and screened from the public right-of-way, and comply with chapter 15 of this title.

         (2)   Landscaping and screening along the perimeter, shall refer to the property lines of the specific facility boundaries.

         c.   Screening:

         (1)   Facilities must be screened from public view year-round and adhere to chapter 15 of this title. This article outlines the minimum screening requirements.

         (2)   Screening materials should complement the exterior building materials.

         (3)   The commission may also mandate additional or modified screening and/or buffering to minimize views of nearby residences and to preserve the character of the surrounding neighborhood.

         d.   Access:

         (1)   Access locations into the facility shall be approved by the applicable transportation jurisdiction.

         e.   Residential Buffers:

         (1)   Structures, drive lanes, parking areas, or loading areas must be at least twenty feet (20') from residential districts unless a six-foot (6') sound-reduction wall is provided.

         (2)   All parking, storage and drive aisles within the facility shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with asphaltic concrete or some comparable all-weather dustless material.

      4.   Prohibited Uses:

         a.   Storage of hazardous materials as defined in title 40 of the code of federal regulations, part 261, subsequent amendments thereto, is prohibited.

         b.   Use Of Site: The site shall not be used as a “pit, mine, or quarry”, “junkyard”, “automobile wrecking yard” or “contractor’s yard” as herein defined unless such use has been approved.

         c.   Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

      5.   On-Site:

         a.   An on-site office within the confines of the storage facility is permitted.

         b.   The office shall not be used as a dwelling unless approved by the commission and included as a condition in the conditional use permit.

      6.   Outdoor-Only, Self-Service Storage Standards: For outdoor-only, self-service storage facilities, the following standards apply:

         a.   Parcel Requirements:

         (1)   Minimum Parcel Size: one (1) acre.

         (2)   No facility shall be greater than fifteen (15) acres in size.

         (3)   Frontage to an arterial street is required.

         b.   Layout And Screening:

         (1)   Stored vehicles, including RVs, trailers, and boats, must be spaced ten feet (10') apart side-to-side, while maintaining a minimum of twenty feet (20') access aisle on at least one end or as approved by the local fire authority.

         (2)   Distance between parking rows shall be a minimum of twenty feet (20') of travel lane for emergency vehicle access or as approved by the local fire authority.

         (3)   Each space shall have access from an access aisle that is a minimum of twenty feet (20').

         c.   Screening:

         (1)   Fencing must be at least six feet (6') high. Where a fence greater than six feet (6') is proposed, the applicant for the fence shall submit for a permit to the planning and zoning commission for design review.

         (2)   Cyclone or chain-like fencing (with or without slat) shall not be deemed a screening to soften the appearance of such features.

         (3)   The landscaping plan incorporate vegetative materials along the length of the screening to soften the appearance of such features.

      7.   Prohibited Activities:

         a.   Stored vehicles may not be used as dwellings or places of business.

         b.   Maintenance, repairs, or rebuilding of vehicles or machinery on the property is prohibited.

      8.   Compliance And Permits:

         a.   A building permit is required for all self-storage facilities, subject to review and approval by the building department.

         b.   Facilities found in violation of this code with be subject to penalties, including fines and possible revocation of operating permits.

         c.   All storage stalls shall be clearly defined on the site plan. The facility shall designate and maintain storage stall locations on-site at all times.

         d.   A conditional use permit is required for the operation of a self-storage facility in the appropriate commercial zoning district as outlined in title 9 chapter 8 section 1.

      9.   Compliance And Inspections:

         a.   For the duration of the approval, the use shall be subject to zoning inspection upon advanced notice and request by the planning and zoning department.

         b.   If a permit holder refuses to allow inspection of the premises by the planning and zoning department, the approved zoning certificate or conditional use permit may be revoked.

      9.   Compliance And Inspections:

         a.   For the duration of the approval, the use shall be subject to zoning inspection upon advanced notice and request by the planning and zoning department.

         b.   If a permit holder refuses to allow inspection of the premises by the planning and zoning department, the approved zoning certificate or conditional use permit may be revoked.

      10.   Additional Standards For Outdoor Storage As An Accessory Use: Accessory outdoor storage shall be allowed for approved uses subject to the following standards:

         a.   The location of the outdoor storage area shall be noted on the master site plan and reviewed as part of that application.

         b.   Storage areas shall not be rented, leased, let or otherwise used as a commercial business.

         c.   Outdoor storage for commercial or industrial uses shall be limited to those items owned or used by the business.

         d.   Outdoor storage for a multi-family development, recreational vehicle park, or manufactured home park shall be only for recreational vehicles or personal recreation items of the tenants.

      11.   Additional Standards For Structures Over 10,000 Square Feet: For structures exceeding a footprint of ten thousand (10,000) square feet, the structure shall be designed such that the building mass and bulk are distributed. The following standards shall not apply to dwellings or agricultural structures as herein defined:

         a.   Mechanisms for such distribution shall include, but not be limited to, one (1) or more of the following:

         (1)   Variation in the horizontal offsets of the structure facade. Facades greater than one hundred feet (100') in length must incorporate recesses and projections along a minimum of twenty percent (20%) of the length of the facade. Windows, awnings, and arcades must total a minimum of sixty percent (60%) of the facade length abutting a public street.

         (2)   Variation in the height of a minimum of five feet (5').

         (3)   Changes in the grade of a minimum of three feet (3').

         (4)   Variation in rooflines.

         b.   The maximum footprint area for the distributed portion of the structure shall be ten thousand (10,000) square feet. The minimum footprint area for the distributed portions of the structure shall be one thousand (1,000) square feet.

         c.   The commission may approve, or recommend approval of, an alternative development proposal when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this chapter and shall not be detrimental to public health, safety, and welfare.

      12.   Application Review Standards: The following shall be considered as part of the review of an application:

         a.   The proximity of existing dwellings;

         b.   The number of vehicles anticipated to be stored on the property;

         c.   The hours of operation;

         d.   Dust;

         e.   Noise;

         f.   Traffic And Circulation;

         g.   Landscaping And Screening;

         h.   Lighting;

         i.   On-Site Manager Residence;

   R.   Sanitary landfill:

      1.   Will conform to time limits for daily operation as defined by the council;

      2.   Will provide a performance bond for privately owned sites to ensure compliance with the provisions of the certificate of zoning;

      3.   Will provide for a paved street to the facility; and

      4.   Will be supervised during the hours of operation.

   S.   Wrecking Yard:

      1.   Will be completely enclosed by a solid six foot (6') high site obscuring fence and/or berm;

      2.   Will not result in the storage of automobile, junk, or salvage material that is visible from any public right of way;

      3.   Will not result in storage of automobiles that exceeds the height of the fence; and

      4.   Will have such landscaping that is appropriate with the surrounding area. (1974 Code § 4-1306; amd. Ord. 2025-4, 3-24-2025)