(Ord. 16-001, 1-8-2016)

   (1)   The provisions of this article apply to all properties where a use is listed as an allowed use, a conditional use, or a director's decision in section 07-10-27: of this chapter (land use matrix). (Ord. 16-001, 1-8-2016)

   (1)   If a director's decision is required, the director shall specify the maximum number of clients within the decision. (Ord. 16-001, 1-8-2016)

   (1)   The operator of the establishment may dwell in the home. (Ord. 16-001, 1-8-2016)

   (1)   The use shall be contained within a building or behind a sight obscuring fence. (Ord. 16-001, 1-8-2016)

   (1)   The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

   (2)   The use is conducted entirely within a dwelling or only one of its existing accessory structures.

   (3)   Not more than one-third (1/3) of the gross area of the dwelling may be devoted to such use, whether said use is carried on in the dwelling or in an accessory building.

   (4)   No more than three (3) persons other than the residents of the dwelling may work on the premises.

   (5)   The use does not adversely affect the uses allowed or permitted in the zone in which it is to be located.

   (6)   One sign no larger than four (4) square feet is allowed, which may not be internally illuminated or constructed of reflective materials.

   (7)   A home business permit shall not be issued to any use that is allowed or permitted or otherwise defined by this chapter within the agricultural or residential zones or to any use of an industrial nature. (Ord. 16-001, 1-8-2016)

   (1)   The home occupation shall not cause the premises to differ from its residential character in the appearance, lighting, or in the emission of noise, fumes, odors, vibrations, or electrical interference.

   (2)   The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

   (3)   The home occupation shall not adversely affect the uses allowed or permitted in the zone in which it is to be located.

   (4)   The use requires no additional off street parking space.

   (5)   No persons other than the residents of the dwelling work on site.

   (6)   Not more than one-fourth (1/4) of the gross area of dwelling may be devoted to such use, whether said use is carried on in the dwelling or in an existing accessory building.

   (7)   A nonobtrusive, nonelectric sign with no moving parts is allowed when it is no larger than four (4) square feet in the message board.

   (8)   The home occupation shall not involve the use of more than one vehicle necessary for the home occupation. (Ord. 16-001, 1-8-2016)

   (1)   The standards shall apply to the manufacture or processing of hazardous chemicals or gases as a permitted use in this chapter. The standards shall not apply to research and development facilities.

   (2)   All structures shall be located a minimum of three hundred feet (300') from any property line.

   (3)   The use shall be located a minimum of one thousand feet (1,000') from any Residential District or approved hospital use.

   (4)   All hazardous chemicals or gases shall be stored and/or used within an enclosed structure.

   (5)   The facility shall be enclosed by a minimum eight foot (8') high security fence or wall. Entrance and exit shall be through a gate that shall be locked during nonbusiness hours.

   (6)   The application materials shall include written documentation from the appropriate fire authority approving the proposed location and plan specifications of the facilities.

   (7)   The application materials shall include maps and engineering drawings showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within one-fourth (1/4) mile of the property. The applicant shall also furnish evidence that the dangerous characteristics of the particular process or activity in question have been, or shall be, eliminated or minimized sufficiently so as not to create a public nuisance or be detrimental to the public health, safety, or welfare.

   (8)   The facility must register and maintain current hazardous waste generation notification as required by Environmental Protection Agency and/or Idaho Department of Environmental Quality and provide such proof of registration. (Ord. 16-001, 1-8-2016)

   (1)   Setbacks:

 

 

      A.    Front and corner setbacks shall be measured from the greatest of either the property line, right-of-way line, or road easement line of any local or private street.

   (2)   Minerals: Gravel, sand, soil or other minerals may be excavated and removed from a maximum of a two (2) acre site, per parcel. The minerals must be removed from the subject property within six (6) months from the date excavation begins. Extracted minerals may not be stored on site beyond the six (6) month time period.

   (3)   Processing: Crushing, screening, or processing the material is allowed on or at the excavation site at the discretion of the Director.

   (4)   Accessory Uses: Temporary asphalt mixing and concrete batching may only be allowed as accessory uses to a pit, mine, or quarry at the discretion of the Director.

   (5)   Submittals: Prior to commencing any phase of extraction, the landowner or operator/extractor shall submit all appropriate fees and provide the following to DSD:

      A.    Name of the landowner;

      B.    Name of the operator/extractor;

      C.    Legal description of the property where gravel is to be extracted;

      D.    A site plan of the property showing the area where the gravel is to be extracted;

      E.    The extraction commencement date and completion date (no later than 6 months after commencement date); and

      F.    Reclamation plan as approved by Idaho Department of Lands.

   (6)   Time Limit: Short term mineral extraction is allowed during the process of subdivision construction following the provisions of this section. The six (6) month time limit shall apply to extraction during each phase as shown on the approved preliminary plat.

   (7)   Mineral Extraction In Floodway: Gravel and sand and their subsequent extraction on lands within the special flood hazard area that encroach into regulated floodways shall meet the requirements of subsection 7-10A-11(4) of this chapter. A Reclamation LOMR shall be completed within one year of the completion of mining. (Ord. 19-038, 8-30-2019)

   (1)   If a conditional use permit is required, the following standards shall apply:

      A.    Setbacks:

 

 

         1.    Front and corner setbacks shall be measured from the greatest of either the property line, right-of-way line, or road easement line of any local or private street.

         2.    When making a decision for a conditional use permit for the use, the decision making body shall consider the following:

            (A) The uses of the surrounding properties in the determination of the compatibility of the proposed application with such uses;

            (B) Duration of the proposed use;

            (C) Setbacks from surrounding uses;

            (D) Reclamation plan as approved by Idaho Department of Lands;

            (E) The locations of all proposed pits and any accessory uses; and

            (F) Recommendations from applicable government agencies.

   (2)   If the use is allowed in the zone, the following standards shall apply:

      A.    Setbacks:

 

 

         1.    Front and corner setbacks shall be measured from the greatest of either the property line, right-of-way line, or road easement line of any local or private street.

      B.    Submittals: Prior to commencing any phase of extraction, the landowner or operator/extractor shall submit the following to DSD:

         1.    Name of the landowner;

         2.    Name of the operator/extractor;

         3.    Legal description of the property where gravel is to be extracted;

         4.    A site plan of the property showing the area where the gravel is to be extracted;

         5.    Commencement and completion date;

         6.    Reclamation plan as approved by Idaho Department of Lands.

   (3)   Mineral extraction in floodway: Gravel and sand and their subsequent extraction on lands within the special flood hazard area that encroach into regulated floodways shall meet the requirements of subsection 7-10A-11(4) of this chapter. A Reclamation LOMR shall be completed within one year of the completion of mining. (Ord. 19-038, 8-30-2019)

   (1)   Materials shall not be sold or delivered to customers directly from the storage compartment. (Ord. 16-001, 1-8-2016)

   (1)   A roadside stand must not exceed four hundred (400) square feet in size.

   (2)   Parking and loading must occur on site. (Ord. 16-001, 1-8-2016)

   (1)   The owner of the lot or parcel containing the secondary residence must live on site.

   (2)   The secondary residence must have its own address and address numbers shall be placed on the home for emergency purposes. (Ord. 16-001, 1-8-2016)

   (1)   Lot Size: No more than one small wind energy system per one acre of land is allowed.

   (2)   Height: When located on parcels five (5) acres or less, tower height shall be a maximum of thirty five feet (35') above finished grade of the fixed portion of the tower, excluding the wind turbine and blades. When located on parcels greater than five (5) acres, tower height shall be limited to eighty feet (80').

   (3)   Proximity To Property Boundary: No part of the small wind energy system structure, including guywire anchors, may extend closer than one hundred feet (100') to the property boundaries of the installation site.

   (4)   Noise: Noise produced by the wind turbine shall not exceed fifty five (55) decibels (dBA) at the site's property lines.

   (5)   Capacity: The system capacity shall not exceed one hundred kilowatts (100 kW).

   (6)   Decision Of The Director:

      A.    The Director shall consider the following:

         1.    Lot size;

         2.    Lot configuration;

         3.    Proximity to neighboring structures;

         4.    Topography;

         5.    Viewsheds; and

         6.    The uses of the surrounding properties in the determination of the compatibility of the proposed small wind energy system with such uses.

      B.    The Director shall specify the maximum number of towers. (Ord. 16-001, 1-8-2016)

   (1)   All work shall be conducted off site.

   (2)   Business vehicles shall be operable and parked on site, not on a public or private road.

   (3)   Persons not employed on the premises may visit the premises for the purpose of picking up equipment and materials to be used elsewhere, including trucks offloading or transferring equipment and/or materials to other vehicles.

   (4)   Employees may meet on the premises to share rides to and from job sites.

   (5)   Employees' vehicles shall be parked on site and not on a public or private road. (Ord. 16-001, 1-8-2016)

   (1)   Vehicle repair or service work is prohibited on site. (Ord. 16-001, 1-8-2016)

   (1)   The presiding party shall consider the following when making a decision:

      A.    Lot size;

      B.    Lot configuration;

      C.    Proximity to neighboring structures;

      D.    Topography;

      E.    Viewsheds; and

      F.    The uses of the surrounding properties in the determination of the compatibility of the proposed wind farm with such uses. (Ord. 16-001, 1-8-2016)

The intent of this section is to provide reasonable accommodation of amateur radio towers in accordance with PRB-1.

   (1)   The tower or antenna structure is accessory to a permitted or approved use.

   (2)   The tower must have a fall zone radius equal to fifty percent (50%) of the height of the tower and completely within the subject property.

   (3)   Parcels one (1) acre or less in size and residentially zoned are limited to one (1) tower per parcel.

   (4)   Building permits are required for all permanently installed towers.

   (5)   All building permit applications for amateur radio antennas shall be accompanied by written approval as applicable from the Federal Aviation Administration or Chief of Idaho Bureau of Aeronautics.

   (6)   All building permit applications shall include the manufacturer’s specifications that describes the facility height and design (including a cross section and elevation) and adapted for the local climate design criteria.

   (7)   A non-operational or abandoned tower or antenna structure shall be removed within six (6) months of abandonment. (Ord. 20-012, 5-29-2020)