(A)   Short Title: This chapter shall be known as the ZONING ORDINANCE FOR THE CITY OF CASCADE.

   (B)   Purpose: The purpose of this chapter shall be to promote the health, safety and general welfare of the people of the City by establishing:

      1.   Zoning districts within the incorporated limits of the City;

      2.   Procedures for the processing of application for:

         (a)   Special or conditional use permits.

         (b)   Variance permits.

   (C)   Compliance With State Laws: If there is a conflict with State laws different from the provisions of this chapter, compliance with the State law shall be sufficient to give action validity.

   (D)   Penalty: Any person convicted of a violation of any provision of this chapter shall be fined in a sum of not to exceed three hundred dollars ($300.00), for any offense, and such person may be confined in the County Jail for a period of not more than thirty (30) days. Either or both fine and imprisonment may be imposed. Each day such violation continues shall be considered as a separate offense. (Ord. 529, 11-28-1994)

   (E)   Establishment Of Zones: The incorporated area of the City is hereby divided into the following zones:

 

(Ord. 529, 11-28-1994; amd. Ord. 688, 5-14-2018)

   (F)   Severability: The provisions of this chapter are hereby declared to be severable and if any provisions or the application of such provisions to any person or circumstances is declared invalid, for any reason, such declaration shall not affect the validity of the remaining portions of the chapter. (Ord. 529, 11-28-1994)

   (A)   Minimum Requirements: Interpretation and applying the provisions of this chapter shall be held to be the minimum requirements adopted by the City Council for the promotion of the public health, safety, comfort and general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance providing the greatest measure of protection for the public health, safety and general welfare shall prevail. (Ord. 620, 3-8-2010)

   (B)   Restoration Of Damaged, Nonconforming Buildings: Any nonconforming building destroyed by fire or other calamity, to an extent of eighty percent (80%) or more of the appraised value, may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use. Nothing in this chapter shall be construed to prevent restoration and the resumption of former lawful use of any building, that is damaged or practically destroyed, provided that such restoration is started within six (6) months and diligently prosecuted to completion.

   (C)   Nonconforming Use, Abandonment: Whenever a nonconforming use of land has been discontinued for a continuous period of one year, such use shall not thereafter be reestablished, and the use of such premises thereafter shall be in conformity with the regulations of the zone in which situated.

   (D)   Interpretation: Nothing in this chapter shall repeal, abrogate, annul or in any way impair or interfere with any provisions of law or any rules and regulation, other than planning and zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises. Where the chapter imposes greater restriction upon the use of buildings or premises, or upon the height of buildings, than are imposed or are required by other regulations, the provisions of this chapter shall control. Nothing herein shall interfere with, abrogate, or annul any easements, covenants, deed restrictions or other agreements between parties, which impose greater restriction than those imposed by this chapter.

   (E)   Signs: Signs or sign structures shall be erected in accordance with the Cascade sign ordinance, title 2, chapter 2 of this code.

   (F)   Recreational Vehicles: Recreational vehicles are primarily designed as temporary living quarters for recreational, camping or travel use, and shall not be used for living quarters longer than two (2) weeks, except in a recreational vehicle park. The storage of a resident's recreational vehicle on his own property is permitted.

   (G)   Application Of Regulations: Except as herein specified, no building, or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the requirements herein specified for the district in which it is located; nor shall any yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.

   (H)   Division Of Lots: Lots in excess of area requirements for the zone in which they are located, may be further divided as long as each subdivision thereof meets the minimum area requirements. (Ord. 501, 6-26-1992)

   (I)   Manufactured Home (Formerly Mobile Homes As Defined By Section 39-4105(13), Idaho Code): The intent of this subsection is to establish standards, and regulations governing the location and approval of manufactured homes in the city, and allow a mix of "housing types" and "living styles"; however, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason standards have been set that will regulate the appearance of the manufactured home; allowing only those that are acceptably similar in appearance to the site built dwellings on individual lots in all residential zones.

      1.   Manufactured homes shall be confined to single-family dwellings within all residential zones, and shall be prohibited in C and I zoning districts, provided such structures meet the development standards for VA (veteran's administration) and HUD (housing and urban development) minimum standards and the mobile home rehabilitation act, chapter 25, title 44, Idaho Code. (Ord. 593, 5-13-2002)

      2.   Development standards for a manufactured home on an individual lot in all residential zones are as follows:

         (a)   For R-I and R-II zones shall consist of more than one section, and have a minimum floor area of five hundred (500) square feet per section. For R-III zone, shall consist of at least one section, and have a minimum floor area of seven hundred twenty (720) square feet, exclusive of any cabana or ramada;

         (b)   Shall have simulated wood or wood siding;

         (c)   Shall have a foundation fascia that is similar in appearance to masonry foundation of site built dwellings, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade;

         (d)   Shall be permanently affixed, with the running gear and towing hitch removed, to a foundation base having an anchoring system that is totally concealed under the structure;

         (e)   Shall comply with all other applicable requirements of the zoning district in which the manufactured home is located (such as lot size and setback requirements); and

         (f)   Attached accessory structure, as permitted in the zoning district in which the manufactured home is located, shall be similar in material and integrated into the design of the manufactured home. (Ord. 664, 4-22-2013)

   (A)   Creation: There is hereby created a planning and zoning commission consisting of five (5) members, to be appointed by the mayor, and confirmed by a majority vote of the council. The commission shall act in both capacities, with full authority of the council, excluding the authority to adopt ordinances.

   (B)   Membership:

      1.   Four (4) members of the commission shall be residents of the city, and shall have resided within the city for three (3) years.

      2.   The terms of office of each member of the first commission, appointed under this chapter, shall be established by the mayor as follows:

         (a)   Two (2) members shall be appointed for three (3) years;

         (b)   Two (2) members shall be appointed for four (4) years;

         (c)   One member shall be appointed for five (5) years; and

         (d)   Thereafter, all members shall be appointed for a term of four (4) years.

      3.   Vacancies occurring, otherwise than through the expiration of terms, shall be filled in the same manner as the original appointment for the unexpired terms of such member(s).

      4.   Members may be removed for cause by a majority vote of the council.

      5.   Members shall be selected without respect to political affiliation.

   (C)   Organization:

      1.   Each commission shall elect a chairman and create and fill any other office that it may deem necessary; and

      2.   The commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out the responsibilities under this chapter.

   (D)   Rules: Written organization papers or bylaws consisting with title 67, chapter 65, Idaho Code, and other laws of the state for the transaction of business of the commission shall be adopted.

   (E)   Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public.

   (F)   Meetings: The commission shall hold meetings at least once each month for not less than nine (9) months in a year, and at such other times as may be required. A majority of voting members of the commission shall constitute a quorum.

   (G)   Expenditures: Only with the approval of the council may the commission receive and expend funds, goods and services from the federal government or agencies and instrumentalities of the state or local government or from civic and private sources or may contract with these entities and provide information and reports as necessary to secure aid.

   (H)   Staff: Only with the approval of the council may the commission hire employees and technical advisors, including but not limited to planners, engineers, architects and legal assistants. (Ord. 529, 11-28-1994)

   (A)   Interpretation Of Terms Or Words:

      1.   For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter.

      2.   Words used in the singular include the plural and the plural the singular.

      3.   Words used in the masculine gender include the feminine, and the feminine the masculine.

      4.   Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.

   (B)   Meaning of Terms or Words:

    ACCESSORY USE OR BUILDING: A use or structure on the same lot with, of a nature customarily incidental and subordinate to, the principal use or structure.

   ADDITION: An extension or increase in floor area or height of a building or structure.

   AGRICULTURE: The use of land for farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry and necessary accessory uses.

   ALLEY: Any public space or thoroughfare less than sixteen feet (16'), but not less than ten feet (10') in width, which has been dedicated or deeded to the public for public use.

   ALTERATION: Any change, addition or modification in construction or occupancy.

   APARTMENT: One of several suites or rooms in a building, each equipped for housekeeping.

   APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

   AREA: (see "Floor Area")

   AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including service, painting and steam cleaning of vehicles.

   AUTOMOTIVE SALES (Includes Mobile Homes, Travel Trailers and Farm Implements): The sale or rental of new and used motor vehicles, mobile homes, travel trailers or farm implements, but not including repair work except incidental warranty repair of the same, to be displayed and sold on premises.

   BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a "first story" as defined herein.

   BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

   BUILDING ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

   BUILDING, AGRICULTURAL: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products.

   BUILDING ASSEMBLY: A building or a portion of a building used for the gathering together of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining or awaiting transportation.

   BUILDING DETACHED: A building surrounded by open space on the same lot as another.

   BUILDING, EXISTING: A building erected prior to the adoption of this Chapter, or one for which a legal building permit has been issued.

   BUILDING INSPECTOR: (see "Building Official")

   BUILDING, NONCONFORMING: Any building which does not conform to the requirements of this Chapter.

   BUILDING OFFICIAL: The officer or designated authority charged with the administration and enforcement of the Cascade Building Code, or his duly authorized representative.

   BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.

   BUILDING SETBACK LINE: (see "Setback Line")

   BUILDING SITE: Any area proposed or provided and improved by grading, filling, excavation or other means, for erecting pads for buildings.

   BULK: The term used to describe the size and mutual relationships of buildings and other structures to other buildings or structures; and to all open spaces relating to the building or structures.

   BUSINESS: An occupation, trade or profession; any of various operations or details of trade or industry; a commercial enterprise or establishment engaged in such operations.

   CITY: A municipality, the City of Cascade, with definite boundaries and with various legal powers derived from the Constitution and Statutes of the State of Idaho.

   CLINIC: An infirmary, usually connected with a hospital or medical school, for the treatment of patients, but which does not provide board, room or regular hospital care and services.

   CLUB: A building or portion thereof reserved for the meetings of a group of persons organized for some mutual aim or pursuit, especially a group that meets regularly.

   COMMERCIAL ENTERTAINMENT FACILITY: Any profit-making activity which is generally related to the entertainment field; e.g., movie theater, carnival, nightclub, cocktail lounge and similar entertainment activities.

   COMMISSION: The Cascade Planning and Zoning Commission.

   COMPREHENSIVE DEVELOPMENT PLAN: A plan or any portion thereof, adopted by the Council, including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, schools and other community facilities.

   CONDITIONAL USE: A special use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval from the Commission and the Council.

   CONDOMINIUM: An estate consisting of an undivided interest in common real property; in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property; in an interest or interests in real property, or in any combination thereof. (Section 55-101B, Idaho Code)

   COUNCIL: The Cascade City Council.

   COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

   COVENANT: A written agreement, as a contract, under seal.

   CULVERT: An artificial, covered channel for water, as under a road, street or driveway.

   DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon acceptance by the Council.

   DENSITY: A unit of measurement; the number of dwelling units per acre of land.

   DENSITY, GROSS: The number of dwelling units per acre of total land to be developed, including public right of way.

   DENSITY, NET: The number of dwelling units per acre of land when acreage involved includes only the land devoted to residential uses, excluding the public right of way.

   DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.

   DUPLEX: A building having two (2) one-family dwelling units.

   DWELLING: Any building or portion thereof which is not an "apartment house", "lodging house" or a "hotel", as defined herein, which contains one or two (2) "dwelling units" or "guestrooms", used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.

   DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

   DWELLING UNIT, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units, including apartments, townhouses and condominiums, with varying arrangements or entrances and party halls.

   DWELLING UNIT, ROOMING HOUSE (Includes BOARDING HOUSE, LODGING AND DORMITORY): A dwelling or part thereof, other than a hotel/motel or restaurant, where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons, where no cooking or dining facilities are provided in the individual rooms.

   DWELLING UNIT, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

   DWELLING UNIT, TWO-FAMILY: A dwelling consisting of two (2) dwelling units which may be attached side by side or one above the other. (See definition of Duplex.)

   EASEMENT: The privilege or right of making limited use of another's adjacent property.

   ENGINEER: Any person who is licensed in the state to practice professional engineering, or a person appointed by the council.

   ESTABLISHED GRADE: (See definition of Grade (Adjacent Ground Elevation).)

   FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.

   FEEDLOT: A commercial stockyard where large numbers of livestock are fed for the purpose of fattening for market.

   FLOODPLAIN: The relatively flat area of lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of one hundred (100) year frequency, as established per engineering practices as specified by the army corps of engineers.

   FLOOR AREA: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts.

   FLOOR AREA, GROSS: The area to which the general public is admitted for transaction of retail trade.

   FLOOR AREA, NONRESIDENTIAL BUILDING (To Be Used In Calculating Off Street Parking Requirements): The floor area of the specified use, excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms and similar areas.

   FLOOR AREA, USABLE: Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, including basement, mezzanine and intermediate floored tiers.

   FOOD PROCESSING: The preparation, storage or processing of food products; e.g., bakeries, dairies, canneries, restaurants and other similar businesses.

   FOREST: A tract of land covered with a growth of trees and underbrush; also the trees themselves.

   FRONT OF LOT: The front boundary line of a lot bordering on the street and, in case of a corner lot, may be either frontage.

   FRONT PROPERTY LINE: The front line as shown upon the official plat of the property.

   GARAGE: A building or a portion of a building, in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired or kept.

   GARAGE, PRIVATE: A building or portion of a building, not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.

   GARAGE, PUBLIC: Any garage other than a private garage.

   GARAGE, SERVICE STATION: A public garage providing a service, repair and maintenance for motorized or nonmotorized vehicles.

   GOVERNING BODY: The Cascade City Council.

   GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.

   GUEST: Any person hiring or occupying a room for living or sleeping purposes.

   GUEST ROOM: Any room or rooms used or intended to be used by a guest for sleeping purposes.

   HEALTH AUTHORITY: The local District Health Department or the State Department of Health and Welfare that has jurisdictional authority.

   HEIGHT OF BUILDING: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.

   HIGHWAY: A street designated as a highway by an appropriate State or Federal agency.

   HOME OCCUPATION: An occupation conducted entirely within a dwelling unit.

   HOTEL: Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

   IMPROVEMENT: Any alteration to the land or other physical construction associated with a building site.

   INSTITUTION: A building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.

   JUNK: Castoff material of any sort that can be put to some use; odds and ends, as scrap iron, old bottles or paper.

   JUNK BUILDINGS/ SHOPS: Any land, structure or building in which junk is stored or processed.

   KENNEL: Any lot or premises on which three (3) or more dogs, more than six (6) months of age are housed, groomed, bred, boarded, trained or sold, and which may offer provisions for minor medical treatment.

   LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups or deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street loading space is not to be included as off-street parking space in computation of the required off-street parking space. All off-street loading spaces shall be located totally outside any street or alley right of way.

   LODGING HOUSE: Any building or portion thereof containing not more than five (5) guest rooms which are used by not more than five (5) guests where rent is paid in money, goods, labor or otherwise.

   LOGGING: Operation and maintenance of vehicles and equipment used primarily for harvesting of forest products.

   LOT: A plot or quantity of land, as surveyed and apportioned for sale or for other special purpose.

   LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or other rights of way.

   LOT, AUTOMOBILE SALES: Premises on which new or used passenger automobiles, recreational vehicles, mobile homes or trucks, in operating condition, are displayed in the open for sale or trade, and where no repair or service work is done.

   LOT COVERAGE: The ratio of enclosed ground floor area of all buildings, on the lot, to the horizontally projected area of the lot, expressed by a percentage.

   LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the primary street.

   LOT, MINIMUM AREA: The area computed exclusive of any portion of the right of way of any public or private street.

   LOT OF RECORD: A lot which is recorded in the office of the County Recorder or a lot or parcel described by metes and bounds, the description of which has been recorded.

   LOT TYPES: Corner Lot - A lot located at the intersection of two (2) or more streets.

   MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resources.

   MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation.

   MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements; operating and storing within enclosed structure; and generating little industrial traffic and no nuisances.

   MAY: As used in this Chapter, is permissive for compliance.

   MOBILE HOME: A detached single-family dwelling unit, designed to be transported after fabrication to the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on the foundation supports, connection to utilities and the like.

   MOBILE HOME PARK: Any site or tract of land upon which two (2) or more mobile homes, for habitation, are parked either free of charge or for revenue purposes; including any roadway, building, structure or enclosure used or intended for use as part of the facilities of such park.

   MONUMENT: Any permanent marker, either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines.

   MOTEL: See definition of hotel.

   MULTIUSE STRUCTURE: An assembly building used by senior citizens, community action center, Masonic members, VFW and American Legion, etc., for noncommercial purposes for the conducting of meetings, socializing, etc.

   NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district in which it is situated.

   NURSERY, CHILDREN'S: A place, home or facility providing care for more than five (5) children of preschool age.

   NURSERY, PLANT: Land, buildings, structures or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale, on the premises, including products used for gardening or landscaping.

   NURSING HOME: A home or facility for the care and treatment of more than five (5) persons who are unable to care for themselves without some personal or medical assistance.

   OCCUPANCY: The purpose for which a building or part thereof is used or intended to be used.

   OPEN SPACE: An area, substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools and tennis courts, any other recreational facilities that the commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.

   ORIGINAL TRACT: A tract of land that existed at the date of adoption of the subdivision ordinance for the City of Cascade, being August 8, 1983.

   OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property.

   PARK MODEL: A recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers and recreational park trailers.

   PARKING SPACE, OFF STREET: An off street parking space shall consist of an area adequate for parking an automobile, with room for opening both doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

   PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity.

   PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public, e.g., shoe repair, watch repair, barbershops, beauty parlors and similar activities.

   PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses, separately or any combination thereof, are developed under single ownership or control, and accommodated in a preplanned environment with flexible standards, such as lot sizes and setbacks.

   PREBUILT HOME: A conventional home, prefabricated in a factory and transported to its permanent location.

   PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects and engineers and similar professions.

   PUBLIC HEARING: Any hearing that complies with the notice and hearing provisions of section 67-6509, Idaho Code.

   PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants and other similar public service structures by a public utility, railroad, municipality or other governmental agency, including the furnishing of electricity, gas, rail transport, communications, public water and sewage services.

   PUBLIC USE BUILDINGS OR AREAS: Commercial or noncommercial facility open for public use (e.g., parks, churches, public swimming pools, museums, etc.).

   PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use and having a clear width of not less than ten feet (10').

   QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.

   RECREATIONAL VEHICLE (Hereafter Referred To As RV):

   RECREATIONAL VEHICLE PARK (RV PARK): Any two (2) acre or more tract, plot, site or parcel of land where upon two (2) or more RVs are placed for dwelling purposes only, the tenure being for a short, seasonable time basis, for which a rental fee is paid or made collectable to the person holding the land.

   REFERENCE DATUM: The reference datum shall be the highest point of natural elevation adjacent to the exterior wall of the building.

   REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

   REPAIR, MAJOR MOTOR VEHICLE: General repair, engine rebuilding, repair or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of motor vehicles or trailers within an enclosed building.

   RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.

   RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities.

   ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products.

   SEAT: (For the purposes of determining the number of off street parking spaces for certain uses.) The number of seats is the number of seating units installed or indicated, or each twenty four (24) linear inches of benches, pews or open space for loose chairs for such use.

   SETBACK LINE: A line, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located aboveground, to include eaves, decks and other protuberances.

   SHALL: As used in this chapter, is mandatory.

   SIDE YARD: See definition of yard, side street.

   SIDEWALK: A path or pavement at the side of a street, for the use of pedestrians. Usually that portion of the road right- of-way outside the roadway, which is improved for the use of pedestrian traffic. See also definition of walkway.

   SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located. (Types, definitions and construction requirements are in title 2 of this Code.)

   SITE BUILT: A wooden house constructed entirely or largely on the site which it is intended to occupy upon its completion rather than in a factory or similar facility.

   SPECIFICATIONS, STANDARD: The specifications as specified in this chapter or as officially adopted by the Council.

   SPLIT LEVEL HOUSE: A split level house is one that has multiple floors separated by a half level difference vertically between levels.

   STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above.

   STORY, FIRST: The lowest story in a building which qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade at any point.

   STREET: Any thoroughfare or public space not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use.

   STREET, COLLECTOR: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or heavy traffic.

   STREET, MINOR: A street which has the primary purpose of providing access to abutting properties.

   STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

   STRUCTURE, MULTIUSE: See definition of multiuse structure.

   SUBDIVISION: A tract of land divided into three (3) or more lots, parcels or sites for the purpose of sale, building development; or in creation of a street to access more than one building site. All resulting parcels must meet the minimum dimensional standards of this Code.

Exceptions: The following divisions of land shall not be deemed a subdivision:

      1.   A readjustment of lot lines or division of a lot as shown on a recorded plat which does not result in a violation of the setbacks, frontage, or dimensional standards of this Code or any covenant pertaining to said plat.

      2.   A readjustment of property lines of an unrecorded parcel of land that does not result in a violation of the setbacks, frontage, or dimensional standards of this Code and does not increase the number of building sites.

      3.   An easement providing rights for ingress-egress, utilities, or drainage for one building site across any portion of a parcel of land, which does not transfer title to any portion of the parcel.

      4.   A division of land for financing or mortgage purposes only where the entire parcel remains in one ownership.

      5.   Allocation of land in the settlement of an estate of a decedent, or a court decree for the distribution of property.

   TINY HOUSE: A dwelling which is four hundred (400) or less square feet in floor area excluding lofts.

   USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

   VARIANCE: A modification of the strict terms of the relevant regulations, where such modification will not be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement would result in unnecessary and undue hardship.

   VETERINARY HOSPITAL/CLINIC: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm or injured animals and those who are in need of medical and surgical attention.

   VICINITY MAP: A drawing which sets forth, by dimensions or other means, the relationship of the proposed development to other nearby landmarks and community facilities and services, within the general area, in order to better locate and orient the area in question.

   WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only. See also definition of sidewalk.

   YARD: An open, unobstructed space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the lot on which a building is situated.

   YARD, AUTOMOTIVE WRECKING: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles, not in operating condition, are standing for more than thirty (30) days, or on which used motor vehicles or parts thereof are dismantled or stored.

   YARD, FRONT: A yard extending between side lot lines, across the front of a lot, and from the front property line to the front of the principal building.

   YARD, JUNK: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled.

   YARD, REAR: A yard extending between side lot lines, across the rear of a lot, and from the rear property line to the rear of the principal building.

   YARD, SIDE INTERIOR: A yard extending from the principal building to the side lot line, on both sides of the principal building, between the lines establishing the front and rear yards.

   YARD, SIDE STREET: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.

   YARD, SUPPLY: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. (Ord. 392, 8-9-1982; amd. Ord. 608, 4-12-2004; Ord. 664, 4-22-2013; Ord. 688, 5-14-2018)

The boundaries of the use zones are hereby established, as shown on the zoning map of the City, which map(s) is hereby made a part of this chapter, as if fully set forth at length herein. Up to date copies, which are open for public inspection, shall be placed and remain on file in the Office of the City Clerk. The City Clerk shall endorse on the original zoning map the number and date of adoption of this chapter and shall execute the same and affix the City Seal thereto. As such map may hereafter be amended the Clerk shall likewise endorse thereon the number and date of such amendments and execute and affix the City Seal thereto.

   (A)   Interpretation Of Boundaries: Where uncertainties exist, as to the boundaries of any zoning districts as shown upon the zoning map(s), the following rules shall apply:

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

      2.   Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines;

      3.   Boundaries indicated as approximately following jurisdictional limits shall be construed as following such limits;

      4.   District boundary lines indicated as following shorelines shall be construed to follow such shorelines and in the event of change in shoreline, shall be construed as moving with actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals or other bodies of water shall be construed to follow such centerlines;

      5.   District boundary lines indicated as following railroad lines shall be construed to be midway between the main tracks; and

      6.   Where a district boundary line divides a lot, which was in single ownership of record at the time of enactment of this chapter, the commission may permit the extension of the regulations for either portion of the lot, not to exceed fifty feet (50'), from said district boundary line. The use so extended shall be deemed to be conforming.

   (B)   Zoning Map Colors: The following colors are hereby established for the use zones for easy recognition:

R-I Zone: Blue.

R-II Zone: Yellow.

R-III Zone: Orange.

RC Zone Residential/Commercial: Turquoise.

A Zone: Green.

C Zone: Purple.

I Zone: Red.

REC Zone: Fluorescent pink.

   (C)   Change From C Zone To REC Zone: The City zoning map is hereby amended to change from C Zone Commercial to REC Zone Recreational, that area shown on the map attached to the ordinance codified herein as exhibit A and incorporated herein by reference, designated "zone change to REC Zone". A copy of the metes and bounds description of such area as changed prepared by Fodrea Land Surveys dated May 6, 1994, is on file in the Office of the City Clerk and is open to public inspection at any time during regular office hours.

   (D)   Division Of Existing C Zone: The existing C Zone Commercial, is hereby divided into two (2) parts with a corridor along State Highway 55 remaining C Zone with the remainder thereof to constitute the RC Zone. The boundaries between the two (2) zones are shown on the map attached to the ordinance codified herein as exhibit A and incorporated herein by reference. A metes and bounds description of the boundaries between the two (2) zones is on file in the Office of the City Clerk and is open to public inspection during regular office hours. (Ord. 529, 11-28-1994)

   (E)   Change From R-II To RC Zone: The City zoning map is hereby amended to change from R-II Zone Medium Density Residential to RC Zone Residential/Commercial, that area shown on the map as:

Lot 12, Block 6, of the Pine Grove Addition, City of Cascade, Valley County, Idaho, together with that portion of Old State Highway lying southerly of said lot and northerly of Lot 1, Block 1, Patterson Addition to Cascade, Valley County, Idaho.

(Ord. 595, 5-13-2002)

   (F)   Change From REC Zone To R-IV Zone: The City zoning map is hereby amended to change from REC Zone to R-IV Mixed-Use Residential that area shown on the map as Leisure Time RV Park Subdivisions 1, 2, and 3.

      1.   Non-Conforming Use: Existing non-conforming units and accessory structures may remain. However, new structures and/or home improvements that exceed fifty percent (50%) of the structure's value will be required to be built in compliance with all applicable codes and ordinances.

      2.   Non-Conforming Utility Hook-Ups: Leisure Time Park Subdivisions 1, 2 and 3 will not be required to comply with subsection 3-1-8B(B)5 of this chapter.

      3.   Abrogation And Greater Restrictions: This subsection shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. (Ord. 689, 5-14-2018)

   (A)   Permitted Uses:

Animals. Dogs, cats and other household pets, provided the same are not kept, bred or maintained for commercial purposes, and are not of such number or kept in such a manner that they become a nuisance, are permitted.

Churches.

Fire station, built in residence style.

Garden/utility sheds. One garden/utility shed not to exceed two hundred (200) square feet in floor area, provided the following restrictions are met:

The building must complement the other structure(s) on the property in that it is constructed and/or painted to harmonize with the dwelling.

The building must be placed to the rear of the property, behind the front building line of the dwelling, and so as not to impede fire protection or emergency vehicles.

Must obtain a building permit for placement to show compliant with setbacks.

Manufactured homes as defined by section 39-4105(8), Idaho Code, and as provided in subsection 3-1-2(I) of this chapter.

Museums.

Parks.

Playgrounds.

Private garages:

Private garages, for the use of occupants of an existing residence on the same premises are permitted.

Garages may be used as guest or sleeping quarters if built to Residential Codes.

Private swimming pools.

Public swimming pools in public parks.

Public use buildings. Public use buildings, as different from residential buildings, may have an information sign in a design to enhance the building structure and identify the use.

Single-family dwellings.

   (B)   Conditional Uses: In addition to the foregoing uses set forth in this section, only the following structures and/or uses shall be permitted with a special-conditional use permit. (See section 3-1-13 of this chapter for application.)

Duplexes, condominiums and other multi-family dwellings.

Residential planned unit development.

   (C)   Area Requirements:

      1.   Every building hereafter erected or structurally altered shall have a setback of at least twenty feet (20') from the street property line on which the building fronts.

      2.   In each block in which fifty percent (50%) or more of the buildings, on the same side of the street, have been built in conformity with a fairly even and determinable front building line, all buildings hereafter erected, established or rebuilt shall be in conformity with said building line. In determining whether or not a front building line has been considered and minor irregularities ignored, and where any dispute arises in the determining of any such building line, the determination of the commission shall be final.

      3.   Buildings shall be erected a distance of not less than ten feet (10') from the side and/or rear property line. None shall be nearer the side street than fifteen feet (15').

      4.   Lots must be a minimum of ten thousand (10,000) square feet in area.

      5.   Buildings must provide for a minimum of one thousand (1,000) square feet of living space on the main floor for each living unit.

      6.   The maximum lot coverage in all Residential Zones is sixty percent (60%). This includes harden surfaces such as sidewalks, decks and compacted driveways.

   (D)   Utility Services: Any and all utility services requiring the use of transmission lines shall be constructed, installed and maintained underground on premises used or occupied for the uses permitted.

   (E)   Building Height: No building shall exceed eighteen feet (18') in height, as defined herein. (See definitions of "height of building" and "reference datum" in section 3-1-4 of this chapter.) (Ord. 690, 7-9-2018)

   (A)   Permitted Uses:

All buildings, structures, alterations and uses allowed in the R-I Zone will be permitted in the R-II Zone.

Hospitals and related health services.

Multiuse structures, e.g., Senior Citizens Center, Community Action Center, Masonic Hall, VFW Hall, Legion Hall and other similar uses of noncommercial use.

Resident home occupation signs, when approved under subsection (B) of this section. Signs shall not exceed three (3) square feet in area and only one sign is permitted on the premises.

   (B)   Conditional Uses: (See section 3-1-13 of this chapter for application.)

All structures and uses conditionally permitted in R-I Zone will be conditionally permitted.

Home occupations, with a special-conditional use permit, occupying a part of their residence, not to exceed fifty percent (50%) of such residence.

   (C)   Area Requirements:

      1.   Area requirements for R-I Zone shall also apply, except the minimum lot size shall be five thousand (5,000) square feet in area.

      2.   The maximum lot coverage in all Residential Zones is sixty percent (60%). This includes harden surfaces such as sidewalks, decks and compacted driveways.

   (D)   Utility Services: Utility services for R-I Zone shall also apply.

   (E)   Building Height: Height restrictions for R-I Zone shall also apply. (Ord. 690, 7-9-2018)

   (A)   Permitted Uses:

   All buildings, structures, alterations and uses allowed in R-I and R-II Zones will be permitted.

   Courthouse.

   Duplexes.

   Garden/utility sheds not to exceed two hundred (200) square feet in floor area.

   Hotels.

   Lodging and/or boarding houses.

   Mobile home parks.

   Multi-family dwellings.

   Signs for retail establishments shall be in accordance with title 2, chapter 2 of this Code.

   (B)   Conditional Uses: (See section 3-1-13 of this chapter for application.)

   All structures and uses conditionally permitted in R-I and R-II Zones will be conditionally permitted.

   Retail shops, with a special-conditional use permit, not to exceed fifty percent (50%) of the area of the residence home.

   (C)   Uses Not Permitted:

   Nursing homes or children's daycare centers, in areas underlying the Approach and Transitional Airport Zones, shall not be permitted.

   (D)   Area Requirements:

      1.   Setbacks will be the same as for R-I and R-II Zones, except for side yard setback which will be a minimum of five feet (5'). All lots, including minimum-sized lots shall comply with all other applicable requirements of this chapter.

      2.   Lot sizes will provide the following square footage:

         (a)   Single-family dwelling: Two thousand five hundred (2,500).

         (b)   Two-family dwelling/duplex: Six thousand (6,000).

         (c)   Triplex: Eight thousand (8,000).

         (d)   Fourplex: Nine thousand (9,000).

         (e)   Fiveplex: Eleven thousand (11,000).

         (f)   Sixplex: Twelve thousand (12,000).

         (g)   One thousand five hundred (1,500) square feet in space for each dwelling unit shall be added to the above requirements for more than six (6) units per lot.

      3.   Buildings must provide for a minimum of seven hundred twenty (720) square feet of living space on the main floor for each living unit.

      4.   The maximum lot coverage in all Residential Zones is sixty percent (60%). This includes harden surfaces such as sidewalks, decks and compacted driveways.

   (E)   Utility Services: Utility services shall be underground, unless overhead lines exist in the adjacent area.

   (F)   Building Heights: No dwellings or other buildings shall exceed two (2) stories in height in the R-III Zone high density residential.

   (G)   Manufactured Home (Formerly Mobile Home) Requirements: Single lot occupancy.

      1.   The minimum size of a mobile home shall be seven hundred twenty (720) square feet of living space exclusive of any tip out, expansion unit, or cabana;

      2.   All setbacks for the zone will be adhered to;

      3.   Only one accessory building, per lot, will be permitted in addition to a ramada; and

      4.   The area occupied by a manufactured home and accessory building shall not exceed seventy five percent (75%) of the lot area.

   (H)   Mobile Home Park Requirements: See requirements in section 3-1-10, "C Zone", of this chapter.

(Ord. 690, 7-9-2018; amd. Ord. 735, 12-9-2024)

   (A)   Permitted Uses:

All buildings, structures, alterations and uses allowed in R-I, R-II, R-III Zones are permitted.

Retail shops.

All new building permits must state intended use (i.e., residential/retail shop) and meet either the residential or commercial building standards. Any retail shop use will be considered a commercial use and must meet commercial standards for the structure.

   (B)   Conditional Uses: (See section 3-1-13 of this chapter for application.)

All structures and uses conditionally permitted in R-III Zone shall be conditionally permitted.

   (C)   Area Requirements:

      1.   Setbacks shall be the same as for R-III Zone.

      2.   Minimum lot sizes shall be the same as for R-III Zone.

      3.   Buildings must provide for a minimum of seven hundred twenty (720) square feet of living space on the main floor for each living unit.

      4.   The maximum lot coverage in all Residential Zones is sixty percent (60%). This includes harden surfaces such as sidewalks, decks and compacted driveways.

   (D)   Utility Services: Utility services shall be the same as for R-III Zone.

   (E)   Building Height: Dwellings or buildings shall not exceed two (2) stories, on the street access side of the lot.

   (F)   Manufactured Home Requirements: Manufactured home requirements shall be the same as for R-III Zone.

   (G)   Mobile Home Park Requirements: See requirements in section 3-1-10, "C Zone", of this chapter.

   (H)   Buffer Zone: The provisions of RC Zone will allow residential development and constitute a buffer between the strictly Commercial Zone and Residential Zones. (Ord. 690, 7-9-2018)

   (A)   Permitted Uses:

Animals. Dogs, cats, and other household pets, provided the same are not kept, bred, or maintained for commercial purposes, and are not of such number or kept in such a manner that they become a nuisance, are permitted.

Common areas and amenities, including private swimming pools.

Garden/utility sheds not to exceed two hundred (200) square feet in floor area. The placement of the shed requires a building permit. The building must be placed behind the front building line of the dwelling, so as not to impede fire protection or emergency vehicles.

Park model homes not licensed as recreational vehicles must meet conversion standards and must be placed on a permanent foundation and must meet the required snow loads, including heating appliances approved for fulltime residency. Self- supporting additions are allowed. Building permits are required.

Park models, as defined in section 3-1-4 of this chapter, homes licensed as recreational vehicles with a current vehicle license is required. The park model's wheels and hitches must remain on site and transportable. No additions, decks, or porches may be attached to the RV unit, so as not to impede the immediate transport of the unit in case of an emergency.

Private garages, for the use of occupants of a building on the same premises, may be built isolated or detached from the dwelling. A private garage shall be limited in area to five hundred seventy six (576) square feet maximum and one story in height. No portion of the garage shall be nearer the front property line than the front building line.

Recreational vehicles ("RV"), as defined in section 3-1-4 of this chapter, with a current vehicle license is required. The RV's wheels and hitches must remain on site and transportable. No additions, decks, or porches may be attached to the RV unit, so as not to impede the immediate transport of the unit in case of an emergency.

Site-built homes up to a maximum of six hundred fifty (650) square feet in floor area and with a minimum living area of no less than two hundred twenty (220) square feet. Building permits are required.

Tiny homes as defined in section 3-1-4 of this chapter, limited to a maximum four hundred (400) square feet; a loft (up to 52 inches) is permitted but two (2) stories are not. The required minimum living area is not less than two hundred twenty (220) square feet. Building permits are required.

   (B)   Area Requirements:

      1.   All non-vehicle permitted uses require building permits and must meet residential building standards.

      2.   Every structure requiring a building permit hereafter erected or structurally altered shall have a minimum setback of ten feet (10') from the front property line, five feet (5') from the side, five feet (5') from the rear and ten feet (10') from the side street.

      3.   Two story structures are not permitted.

      4.   Lots must be a minimum of one thousand seven hundred (1,700) square feet in area.

      5.   Must have individual City sewer, water and utility hook-ups with individual water meters to each residential unit.

   (C)   Utility Services: Any and all utility services shall be constructed, installed and maintained underground.

   (D)   Permanent Utilities: All utilities for dwellings on a foundation (electrical service drop, sewer and water) must be permanent. (Ord. 688, 5-14-2018)

   (A)   Permitted Uses: In the A Zone no building or premises shall be used, occupied or hereafter erected or structurally altered excepting for one or more of the following uses:

Agricultural buildings.

Agriculture.

Greenhouses.

Mobile homes in accordance with R-III Zone requirements.

Plant nurseries.

Single-family dwelling.

Truck gardening.

   (B)   Conditional Uses: (See section 3-1-13 of this chapter for application.)

All structures and uses conditionally permitted in R-I Zone will be conditionally permitted.

Commercial feedlots, with a special-conditional use permit, however, no feedlot will be permitted closer than one thousand feet (1,000') to a residential zone. (Ord. 392, 8-9-1982)

   (C)   Area Requirements:

      1.   The minimum area of a parcel to be classified as agricultural shall be five (5) acres.

      2.   The minimum area of a mobile home shall be the same as R-III Zone requirements.

      3.   The minimum area of a single-family dwelling shall be the same as R-III Zone requirements. (Ord. 664, 4-22-2013)

   (D)   Utility Services: The utility services may be either underground or aboveground. All utilities for mobile homes (electrical service drop, sewer and water) must be permanent, as required of any residential structure.

   (E)   Building Height: There are no height restrictions for the A Zone, except in the vicinity of the Cascade Airport. (See chapter 4 of this title for height limitations within the airport zones.) (Ord. 392, 8-9-1982; amd. Ord. 620, 3-8-2010)

   (A)   Permitted Uses:

Businesses, as defined herein.

Signs shall be in accordance with title 2, chapter 2 of this Code.

Single-family residences allowed on the second floor of a commercial business. (Ord. 529, 11-28-1994; amd. Ord. 620, 3-8-2010)

   (B)   Conditional Uses: (See section 3-1-13 of this chapter for application.)

Uses not specified in subsection (A) of this section may be conditionally permitted, if determined to be similar in nature.

Commercial planned unit development.

Wrecking yard must have a six foot (6') sight obscuring fence. (Ord. 529, 11-28-1994)

   (C)   Area Requirements:

      1.   There are no minimum area requirements for the C Zone.

      2.   All residential type dwellings shall meet the minimum setback requirements, of a residential type structure, in the Building Code.

   (D)   Utility Services: The utility services may be either under ground or above ground.

   (E)   Mobile Home Parks: The following are the requirements for mobile home parks:

      1.   Minimum area of park shall be three (3) acres, with a central park and recreation area containing at least one hundred (100) square feet per mobile home site;

      2.   Each mobile home site shall be at least forty feet (40') in width and a minimum of one hundred feet (100') in length. The occupied area of each site shall not exceed seventy five percent (75%) of the site area;

      3.   Minimum width of park shall be two hundred fifty feet (250');

      4.   A minimum of eight hundred (800) square feet of each occupied site shall be landscaped within sixty (60) days from the date the site is first occupied, unless the growing season ends prior to the expiration of the sixty (60) days, in which case landscaping shall be completed by the following July 1;

      5.   All utility services shall be installed and maintained underground;

      6.   Mobile home spaces shall not be used for storage of building materials, trucks, cars or contractor's equipment, unless stored or maintained for actual construction purposes going on or about to be initiated;

      7.   Each mobile home shall be located at least twenty five feet (25') from any park property boundary line abutting upon a public street or highway;

      8.   A mobile home shall not be located closer than ten feet (10') from any other mobile home or permanent building within the mobile home park. A mobile home accessory building shall not be closer than three feet (3') from a mobile home or building on an adjacent site;

      9.   Only one storage structure, per site, will be permitted.

   (F)   Recreational Vehicle Parks: Only "overnight parks" and "destination parks", as defined in NFPA standards 501D, are authorized within the city. The following are the requirements for recreational vehicle parks:

      1.   The minimum area of the park shall be two (2) acres, with a central park and recreation area containing at least one hundred (100) square feet of area per recreational vehicle site;

      2.   Each recreational vehicle site shall be at least nine hundred (900) square feet in area, and the park density shall not exceed thirty (30) recreational vehicle sites per acre;

      3.   Minimum width of park shall be two hundred fifty feet (250');

      4.   Each recreational vehicle shall be located at least twenty five feet (25') from any park property boundary line abutting upon a public street or highway;

      5.   The park shall be landscaped within sixty (60) days from the opening date, unless the growing season for this area ends prior to the expiration of the sixty (60) days, in which case landscaping shall be completed by the following July 1;

      6.   All utility services shall be installed and maintained underground, at sites where they are available;

      7.   Recreational vehicle sites shall not be used for storage of building materials, trucks, cars or contractor's equipment unless stored or maintained for actual construction purposes going on or about to be initiated;

      8.   A central service building, not to exceed two (2) stories in height, containing the necessary drinking water supply, toilet, and other plumbing fixtures, shall be provided in parks which provide parking spaces for dependent recreational vehicles; and

      9.   The following shall be provided for each ten (10) dependent recreational vehicle parking spaces:

         (a)   One male and one female toilet;

         (b)   One male urinal;

         (c)   One male and one female lavatory; and

         (d)   One male and one female shower.

   (G)   Building Heights: No building or structure shall be erected that will penetrate any airport zone. (Ord. 529, 11-28-1994; amd. Ord. 620, 3-8-2010)

   (A)   Permitted Uses:

All buildings or premises may be used or occupied or hereafter erected or structurally altered for any use permitted in R-I, R-II, R-III and C zones.

Light manufacturing activities.

Signs shall be in accordance with title 2 of this code. (Ord. 392, 8-9-1982; amd. Ord. 593, 5-13-2002; Ord. 620, 3-8-2010)

   (B)   Conditional Uses: (See section 3-1-13 of this chapter for application.)

Heavy manufacturing shall be permitted with a special- conditional use permit.

Industrial planned unit development.

Uses not specified in subsection (A) of this section may be conditionally permitted, if determined to be similar in nature. (Ord. 392, 8-9-1982)

   (C)   Area Requirements:

      1.   Minimum lot size shall be ten thousand (10,000) square feet in area;

      2.   Minimum street frontage shall be seventy five feet (75');

      3.   Minimum driveway width shall be fourteen feet (14') for one-way traffic, and twenty four feet (24') for two-way traffic;

      4.   Setback requirements shall be:

         (a)   The minimum front yard setback shall be twenty five feet (25');

         (b)   The minimum side yard setback shall be ten feet (10'), except twenty feet (20') when abutting on a residential district;

         (c)   The minimum flanking street setback shall be twenty five feet (25');

      5.   The minimum distance between detached buildings, on the same parcel shall be ten feet (10'); and

      6.   A sight obscuring fence or other suitable screening shall be required where a proposed commercial or industrial use abuts the side or rear yard of any property in a residential district. Such fence shall be six feet (6') in height, except in the required front yard, where it shall be not more than three feet (3') in height.

   (D)   Utility Services: The utility services may be either under ground or above ground.

   (E)   Building Height: The height of any building or structure shall be coordinated with the Cascade fire department to ensure adequate fire protection is established. (Ord. 392, 8-9-1982; amd. Ord. 620, 3-8-2010)

   (A)   Permitted Uses:

Automobile and boat trailer parking facilities.

Band shells.

Dining facilities.

Golf courses.

Information centers.

Marinas, with boat rentals, repair facilities and fuel sales.

Picnic facilities.

Playgrounds and swimming area.

Recreational vehicle parks, constructed in conformance with NFPA standard 501D.

   (B)   Conditional Uses:

Uses not specified in subsection (A) of this section may be conditionally permitted, if determined to be similar in nature and not inconsistent with the permitted uses set forth in subsection (A) of this section. (Ord. 502, 6-22-1992)

   (A)   Off Street Parking:

      1.   All businesses, requiring complete new construction, shall provide for off street parking or may elect to pay one thousand dollars ($1,000.00) per required space to a dedicated parking fund, payable in twenty five percent (25%) increments over a four (4) year period;

      2.   All home occupations and retail shops, conditionally approved in their respective zones, shall provide adequate off street parking facilities;

      3.   Parking facilities shall be used for vehicle parking only. No sales, dead storage, repair work, dismantling or servicing of any kind shall be permitted;

      4.   Ingress and egress of parking structures shall be designed with due regard for visibility and safety;

      5.   Parking structures shall be served by a service drive so that no backward movement or maneuvering of a vehicle, within a street/alley, shall be required. In no case shall one-way and two-way driveways be less than twelve feet (12') and twenty feet (20') wide respectively;

      6.   Each off street parking space shall be a minimum of nine feet (9') wide and twenty feet (20') in length;

      7.   The following requirements are hereby established for determining the number of parking spaces required:

         (a)   Motels/Hotels: One space per unit and two (2) spaces for manager and registering guests.

         (b)   Hospitals, Nursing Homes And Clinics: One space for each patient bed.

         (c)   Churches: One space for each five (5) seats or each ninety inches (90") of pew length.

         (d)   Restaurant/Bars: One space for each three (3) seats or each seventy two (72) linear inches of booth space.

         (e)   Multiuse Structure: One space for each one hundred (100) square feet of floor area.

         (f)   Retail Stores (With Bulky Merchandise): One space for each six hundred (600) square feet of gross floor area.

         (g)   Other Businesses: One space for each three hundred (300) square feet of gross floor area on the first floor.

         (h)   Manufacturing: One space for each eight hundred (800) square feet of floor area, nonresidential building.

         (i)   Schools: One and one-half (11/2) spaces for each teaching station plus one space for each ten (10) seats in the auditorium and/or gymnasium;

         (j)   Dwelling Unit: Minimum of two (2) spaces per dwelling unit; and

      8.   Any building use changes shall comply with off street parking and loading requirements.

      9.   There shall be no parking spaces required for any new or change of use buildings in the commercial zone of downtown Cascade from West Hill Street to Patterson Avenue.

   (B)   Reserved.

   (C)   Parking Area Improvements:

      1.   All parking lots and areas shall be constructed of asphalt, concrete or crushed rock and compacted. All parking areas shall be graded so as not to drain stormwater over a public sidewalk; onto any adjoining private property or public thoroughfare;

      2.   Provisions must be made by the owner of the parking lot, for snow removal. Snow shall not be plowed into a windrow that interferes with clear vision triangles regarding ingress and egress from said lot; and

      3.   Any lights, provided to illuminate any public or private area or vehicle sales area, shall be so arranged as to reflect the light away from any abutting or adjacent residential land use zone. (Ord. 664, 4-22-2013)

   (A)   Types Of Permits Required: There shall be required for construction, alteration, demolition of any structure or use, excepting those exempted under title 2, chapter 1 of this code, one or more of the following type permits:

      1.   Building permit;

      2.   Special-conditional use permit; and

      3.   Variance permit.

   (B)   General:

      1.   Each application for a permit, that is submitted to the commission, shall have a plat of the property, to scale, showing the relationship of the structure(s) to the property lines and any other structures on the property.

      2.   Upon receipt of an application for a permit, along with the required supporting plans and specifications, and recommendation from the building official, the commission shall examine the application and related materials for compliance with this chapter.

      3.   The commission shall have a minimum of thirty one (31) days, after receipt of the application from the building official, in which to examine the application and related data.

      4.   The commission shall also have a reasonable time as affixed by resolution of the council, after a public hearing on the application, at which time a decision must be rendered. The commission shall notify the applicant, in writing, of the decision.

      5.   A special conditional use permit or a variance permit shall not be granted unless and until a written application is submitted with all supporting documents completed, including lessee's and/or owner's written approval.

      6.   Whenever the commission recommends approval or denial of a permit, it shall specify:

         (a)   The ordinance and standards used in evaluating the application;

         (b)   The reasons for approval or denial; and

         (c)   The actions, if any, that the applicant could take to obtain a permit.

      7.   Prior to action recommending approval or denial of a permit, the commission shall proceed in accordance with the provisions set forth in subsection 3-1-14(A) of this chapter, for a public hearing.

      8.   An applicant denied or aggrieved by a decision, may take action as specified in subsection 3-1-14(B) of this chapter.

      9.   Where practical, the commission may combine related permits for the convenience of the applicant.

      10.   Upon recommendation for approval or denial of an application, the commission shall forward its recommendation to the council for action.

   (C)   Building Permit: An application for a building permit shall be made in accordance with the procedures outlined in title 2, chapter 1 of this code.

   (D)   Special-Conditional Use Permit:

      1.   A special-conditional use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of this chapter, but may be allowed with conditions under specific provisions and when it is not in conflict with the comprehensive development plan.

      2.   Upon granting a special-conditional use permit, conditions may be attached to, but not limited to, including those:

         (a)   Minimizing adverse impact on other development;

         (b)   Controlling the sequence and timing of development;

         (c)   Controlling the duration of development;

         (d)   Assuring that development is maintained properly;

         (e)   Designating the exact location and nature of development; and

         (f)   Requiring more restrictive standards than those generally required in this chapter.

      3.   The granting of a special-conditional use permit shall not be construed as establishing a binding precedent to grant other special-conditional use permits.

      4.   A special-conditional use permit is not transferable from one parcel of land to another.

   (E)   Variance Permit:

      1.   A variance is a modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front/side/rear yard setbacks, parking space, height of building(s) or other ordinance provisions affecting the size or shape of a structure, or the placement of the structure upon lots, or the size of lots.

      2.   A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

      3.   No nonconforming use of neighboring lands, structures or buildings, in other districts, shall be considered grounds for issuance of a variance.

      4.   A variance, from the terms of this chapter, shall be granted only upon showing of undue hardship, and if it is found that because of special circumstances applicable to this property, strict application of the use regulations would:

         (a)   Deprive such property of privileges enjoyed by other property in the vicinity;

         (b)   Render the land economically useless; and

         (c)   Clearly not be in conflict with the public interest.

   (F)   Application For Special-Conditional Use Permit: A written application shall be submitted, containing:

      1.   The special-conditional use of the property being requested.

      2.   A legal description of the property for which the permit is being requested.

      3.   A plot plan of the property, drawn to scale, showing:

         (a)   The relationship of the property to the surrounding area; and

         (b)   The location of adjoining property, with property owners' names listed on their respective parcels.

      4.   The post office addresses of all property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be substantially impacted by the proposed special-conditional use, as determined by the commission.

      5.   A narrative statement evaluating:

         (a)   The effects of the use upon the:

            (1)   Social aspects of the community;

            (2)   Economic aspects of the community;

            (3)   Fiscal aspects of the community; and

            (4)   Environmental aspects of the community.

         (b)   The relationship of the proposed use to the comprehensive development plan.

      6.   Any other information that the commission deems necessary for granting the permit.

   (G)   Application For Variance Permit: A written application shall be submitted containing:

      1.   A description of the nature of the variance requested.

      2.   A plot plan of the property, drawn to scale, showing:

         (a)   The relationship of the property to the surrounding area; and

         (b)   The location of adjoining property, with property owners' names listed on their respective parcels.

      3.   A narrative statement demonstrating that the requested variance conforms to the following standards:

         (a)   That special conditions and circumstances peculiar to the land, structure, building involved or use, which are not applicable to other lands, structures, buildings or uses in the same district, exist;

         (b)   That special conditions and circumstances do not result from any action of the applicant; and

         (c)   That granting the variance will not confer any special privileges, that are denied by this chapter to other lands, structures, buildings or uses in the same district.

      4.   The post office addresses of all property owners adjoining the subject property. (Ord. 425, 11-12-1985; amd. Ord. 620, 3-8-2010; Ord. 727, 3-27-2023)

   (A)   Hearing Procedures:

      1.   General:

         (a)   Any request for action, other than by the commission or the council, that requires a public hearing requires: (Ord. 464, 6-11-1990)

            (1)   The filing fee is set by resolution and reviewed annually. (Ord. 620, 3-8-2010)

            (2)   An additional amount to be paid by the applicant for the actual cost of notice mailing and publication of notice of hearing. This additional amount shall be paid prior to the hearing.

         (b)   Public hearings shall be held as provided by section 67-6509, Idaho Code, for:

            (1)   Request for amendment to the zoning ordinance, including zoning district boundary changes;

            (2)   Special-conditional use permit applications;

            (3)   Variance permit applications; and

            (4)   Requests for annexation of unincorporated areas.

         (c)   Notice shall be as follows:

            (1)   Amendment To The Zoning Ordinance: At least fifteen (15) days prior to the public hearing, notice of the time and place and the amendment to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.

            (2)   Zoning District Boundary Change: At least fifteen (15) days prior to the public hearing, notice of the time and place and boundary change to be discussed shall be published in the official newspaper, and additional notice shall be provided by mail to the property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change, as determined by the commission. When notice is required of two hundred (200) or more property owners or residents, alternate notice shall be provided by publication of notice two (2) times in the official newspaper.

            (3) Special-Conditional Use Permit Application: At least fifteen (15) days prior to the public hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be substantially impacted by the proposed special use, as determined by the commission. When notice is required of two hundred (200) or more property owners or residents, alternate notice shall be provided by publication of notice two (2) times in the official newspaper. Not less than seven (7) days prior to the hearing, such notice of hearing shall be posted on the land being considered.

            (4)   Variance Permit Application: At least fifteen (15) days prior to the public hearing, notice of the time and place and summary of the variance to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.

            (5)   Annexation Of Unincorporated Area: At least fifteen (15) days prior to the public hearing, notice of the time and place and a legal description of the area to be annexed shall be published in the official newspaper or paper of general circulation within the jurisdiction.

      2.   Amendment To Zoning Ordinance:

         (a)   The commission shall:

            (1)   Evaluate the request to determine the extent and nature to the amendment requested;

            (2)   If the request is in accordance with the comprehensive development plan, recommend to the council either adoption or rejection of the requested amendment; and

            (3)   If the request is not in accordance with the comprehensive development plan, recommend and the council may adopt or reject an amendment to the comprehensive development plan under the notice and hearing procedures provided in section 67-6509, Idaho Code.

         (b)   The council shall:

            (1)   If the request is in accordance with the comprehensive development plan, conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

            (2)   If the request is not in accordance with the comprehensive development plan, no action may be taken for amending the zoning ordinance until the comprehensive plan has been amended, then action under subsection (A)2(b)(1) of this section may be taken.

      3.   Special-Conditional Use Permit Application: The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

      4.   Variance Permit Application: The commission shall conduct at least one public hearing in which property owners adjoining the parcel under consideration shall be heard.

      5.   Annexation Of Unincorporated Areas:

         (a)   The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

         (b)   If a material change is made in the comprehensive development plan further notice and hearing shall be provided before a recommendation is forwarded to the council.

         (c)   The council shall:

            (1) Conduct at least one public hearing using the same notice and hearing procedures as the commission;

            (2) Not hold a public hearing, give notice of a proposed hearing, nor take action until recommendations have been received from the commission;

            (3) If a material change is made in the comprehensive development plan, further notice and hearing shall be provided before the council adopts the ordinance of annexation; and

            (4) Concurrently or immediately following the adoption of an ordinance of annexation, the zoning map shall be amended. (Ord. 464, 6-11-1990)

   (B)   Appeals:

      1.   Within thirty one (31) days, after final action on any permit by the commission, an appeal of that decision, may be filled by the applicant with the council. Such appeal shall be in writing stating the error(s) of the commission, with particularity, and shall be filed with the city clerk prior to the expiration of the said thirty one (31) days; and

      2.   The council shall set a time and place for hearing of such appeal, which hearing shall be held within thirty one (31) days of the filing date of such appeal, and cause notice of such time and place to be delivered to the appellant, and publish one notice thereof, requiring all other persons wishing to participate in such appeal to file with the city clerk at least five (5) days prior to the time set for the hearing, a statement of their position, or appear at such hearing in support of their statement. Failure to file such statement or appear at the hearing shall be deemed a waiver of such appeal. (Ord. 620, 3-8-2010)

   (C)   Action By Affected Person:

      1.   As used herein, an "affected person" shall mean one having an interest in real property, which may be adversely affected by the issuance or denial of a permit authorizing the development or the use of property; and

      2.   An affected person aggrieved by a decision may within sixty (60) days, after all remedies have been exhausted under the local ordinances, seek judicial review under the procedures provided by sections 67-5215(b) through (g), and 67-5216, Idaho Code. (Ord. 464, 6-11-1990)

   (A)   General: Whenever the public necessity, convenience, general welfare or good zoning practices require, the council may by ordinance after receipt of recommendations thereon from the commission, and subject to the procedures provided in subsection 3-1-14(A)2(b) of this chapter, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

   (B)   Initiation Of Amendments: Amendments to this chapter, including rezoning, may be initiated in one of the following ways:

      1.   By adoption of a motion by the commission;

      2.   By adoption of a motion by the council; and

      3.   By the filing of an application for amendment by a property owner, within the area proposed to be changed or affected by said amendment.

   (C)   Procedures:

      1.   Applications for reclassification of zoning districts shall contain at least the following information:

         (a)   Name, address and phone number of applicant;

         (b)   Proposed ordinance amending zoning district area;

         (c)   Present land use;

         (d)   Present zoning district;

         (e)   Proposed land use;

         (f)   Proposed zoning district;

         (g)   A vicinity map at a scale to sufficiently illustrate the property in question and surrounding properties, roads and geographical features; including the following:

            (1)   North arrow;

            (2)   Scale;

            (3)   Names of adjacent property owners on the respective parcels; and

            (4)   Existing and proposed zoning;

         (h)   A list of all property owners and residents and their mailing addresses, who are within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change; and

         (i)   A statement on how the proposed changes relate to the comprehensive development plan, availability of public facilities, and compatibility with the surrounding area;

      2.   Applications for amendment to the zoning ordinance, not including reclassification of a zoning district, shall contain:

         (a)   Name, address and phone number of applicant;

         (b)   Proposed ordinance amending zoning area; and

         (c)   A statement on how the proposed changes relate to the comprehensive development plan.

      3.   Upon receipt of a request for amendment to the zoning ordinance, the commission will take action under the provisions of subsection 3-1-14(A)2(a) of this chapter.

   (D)   Resubmission Of Application For Reclassification Of A Zoning District: Any application for reclassification of any property, which has been denied by the council, shall not be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes, within a one year period from the date of final action, unless there is an amendment in the comprehensive development plan, which resulted from a change in conditions as applying to the specific property under consideration.

   (E)   Zoning Classification Change: Upon adoption of a zoning classification by the council pursuant to a request by a property owner thereafter such zoning classification shall not be changed for a period of four (4) years without the consent in writing of the current property owner.

   (F)   Zoning Upon Annexation:

      1.   Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the commission, on the proposed plan and zoning ordinances changes, for the unincorporated area; and

      2.   The commission and the council shall follow the notice and hearing procedures provided in section 3-1-14 of this chapter. (Ord. 401, 7-11-1983)

This chapter shall be in full force and effect from and after September 1, 1982. (Ord. 392, 8-9-1982)