The purpose of this chapter is to prescribe additional controls for particular uses, categories of uses or areas where problems frequently are encountered. (Ord. 241 §3-1, 1983)

   A.   Visibility At Intersections: On a corner lot it shall be the responsibility of the owner of real property to remove from property any hedge, shrubbery, fence, wall or other sight obstructions of any nature except buildings where these sight obstructions constitute a traffic hazard. No owner shall erect, place, plant or allow any object to be so put so as to constitute a sight obstruction. The above sight obstructions shall not extend more than three feet (3') in height above the existing centerline road elevation within the vision triangle of vehicle operators. The boundaries of the vision triangle being defined by measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line. The sight distance obstruction is also applicable to railroad-highway grade crossings with the vision triangle defined by measuring forty feet (40') along the railroad property line.

   B.   Yard Requirements For Multi-Household Dwellings: A multi-household dwelling shall be considered as one structure for the purposes of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district.

   C.   Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Nonresidential structures or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district, except:

      1.   The minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening or combination thereof is provided. Such screening shall be a solid fence a minimum of six feet (6') in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of or in addition to such wall or fence shall be properly maintained and shall, at a minimum, consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting. The landscaping and/or screening needed to satisfy the requirements of this provision and reduce the minimum yard requirements by fifty percent (50%) shall be determined in each case by the Community Services Director, subject to review by the land use and development commission and the city council; or

      2.   If the nonresidential structure or use is one that is a permitted use in a limited commercial (C-1) zone, the setback shall be those set forth for a C-1 zone in subsection 18.08.042A of this title. A conditional use permit for use in a limited commercial (C-1) zone may also specify such setbacks if deemed appropriate by the commission for such use, given the surrounding uses in the area.

   D.   Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard; provided, however, bay windows may extend into the minimum front yard setback up to two feet (2').

   E.   Exceptions To Height Limitations: Exceptions to the height limitations set forth in the schedule of general controls for land use districts may be granted as follows:

      1.   Structures intended for human occupancy may exceed the height limitations provided for in this title only upon the issuance of a conditional use permit as herein provided.

      2.   Structures and features not intended for human occupancy such as chimneys, flagpoles, steeples, non-power generating windmills, decorative towers, monuments, weathervanes, etc. but not signs, may exceed the height limitations provided for in this title upon approval of the design review committee as provided below:

         a.   In residential or agricultural land use districts, the height limit may be increased to one hundred and fifty percent (150%) of the allowable height but shall not exceed seventy (70) feet.

         b.   In commercial and industrial land use districts, the height limit may be increased to one hundred and fifty percent (150%) of the allowable height but shall not exceed one hundred feet (100'). However, if the structure or feature is within one hundred feet (100') of a residential zone, the height limit may be increased to only one hundred and fifty percent (150%) of the allowable height in the neighboring residential zone.

         c.   In a Planned Unit Development (PUD) or mixed use district where no height limit is defined and there are no architectural review covenants, the height of the building feature may be one hundred and fifty percent (150%) of the height of the building, or, a free-standing structure may be one hundred and fifty percent (150%) of the height of the nearest building intended for human occupancy within the PUD but shall not exceed one hundred feet (100').

         d.   Such features and structures may exceed the height limitations provided for in sections a through c above only upon the issuance of a conditional use permit as herein provided.

   F.   Critical Areas: The land use and development commission may recommend and the city council may, by resolution, impose additional controls upon density of development in a defined area within the city, if development within said area threatens the adequacy of traffic movement and control systems, municipal services, utilities or open urban space available for recreation and other purposes. Pending a study of such factors, the council may also by resolution impose a moratorium upon issuance of building permits in the area, for a reasonable period of time.

   G.   Use Of Land Or Structures: No land or structure in any district shall be used or occupied in any manner creating conditions that are injurious or noxious, or that otherwise substantially and demonstrably adversely affect the surrounding areas or adjoining premises. Economic impact upon property values or land uses may be considered in application of this section. This subsection shall apply notwithstanding compliance with any pertinent specific standards set forth elsewhere in this title or in other applicable laws, codes or regulations.

   H.   Use And Storage Of Flammable Or Explosive Materials: Any activity involving the use and storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material.

   I.   Radioactive Emissions, Electrical Disturbances Prohibited: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

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

   K.   Vibrations: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

   L.   Pollution: Air and water pollution shall be subject to the requirements and regulations established by the Idaho department of health and welfare.

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

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

(Ord. 845 § 8, 2022: Ord. 588 § 3, 2004: Ord. 419 § 1, 1994: Ord. 365 § 2, 1992: Ord. 328 § 1, 1990: Ord. 316 § 2, 1989: Ord. 241 § 3-2, 1983; Ord. 863 § 1, 2023)

   A.   Accessory Structures:

      1.   Shall be located no less than ten feet (10') from a principal structure, whether on the same property or an adjacent property.

      2.   Shall not be located in any front yard. If located in the side yard the structure must stand at least ten feet (10') behind the line separating the front and side yards.

      3.   Shall have a minimum side and rear yard setback of five feet (5') from the property line unless a setback is established specifically by another section of city code such as for public alleys. On a corner lot an accessory structure shall have a setback of not less than ten feet (10') from the streetside property line.

      4.   Shall not include a roof or any other feature that is taller than the ridge line of the principal structure or twenty-five feet (25'), whichever is greater, and shall adhere to the maximum height limit per zone in Section 18.08.042 A. However, agricultural buildings in the Agriculture (A) land use district may be taller than the principal structure.

      5.   May be located on a side and/or rear property line if all of the following conditions are completely satisfied:

         a.   A setback is not established specifically by another section of city code such as for public alleys.

         b.   Written permission of the adjacent owner is obtained.

         c.   Firewalls are constructed as required by the building official.

         d.   There is no water runoff from the building to an adjacent property.

         e.   There are no architectural projections beyond the property line.

         f.   The side or rear yard upon which the structure is desired to be closer than five feet (5') is not a city street or city alley.

      6.   Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as a dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit.

      7.   Shipping containers, including containers used on oceangoing vessels and/or railcars are generally excluded from all residential districts, except as provided herein, but are allowed in agricultural, industrial and commercial districts upon issuance of a conditional use permit and are permitted on a temporary basis without a conditional use permit in industrial and general commercial districts for up to one hundred eighty (180) days.

         a.   The community services director may allow a shipping container in any district, including a residential district, during permitted construction for use by the contractor and any subcontractors for the period of construction.

         b.   If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be allowed or, if already in place, shall be removed, whether or not a conditional use permit has been granted.

         c.   A shipping container may be allowed in a residential district for purposes of allowing household goods to be moved or stored temporarily for a period not to exceed ninety (90) days; the above provisions for rusted, blighted or containers in a deteriorating condition shall apply and containers shall not block roadways or driveways.

   B.   Animal Care Sites:

      1.   Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner’s residence, unless the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property.

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

   C.   Bulk Storage Of Flammable Liquids And Gases: Bulk storage of flammable liquids and gases, above ground and for resale shall:

      1.   Be located at least three hundred feet (300') from a residential zone, a residence, motel or hotel, except for an owner’s residence.

      2.   Be erected subject to the approval of the fire chief, and in accordance with the international fire code.

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

   D.   Storage And Manufacturing Of Chemicals, Pesticides And Fertilizer: Chemicals, pesticide and fertilizer storage and manufacturing activities shall have adequate fire protection, storage areas, warning signs and handling and disposal practices as approved by the fire chief and in accordance with the international fire code as adopted.

   E.   Drive-In/Drive-through Establishments: Drive-in/drive-through establishments shall:

      1.   Be enclosed on the property line with maintained landsc-aping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.

      2.   Have a minimum six foot (6') high, solid fence along the property lines that adjoin residential property or residentially zoned areas.

      3.   Provide for adequate trash receptacles.

      4.   Avoid the direction of night lighting toward any residence.

   F.   Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value:

      1.   Upon depletion, the area shall be reclaimed and restored to its original appearance, to the extent feasible, and in accordance with a reclamation plan approved by the land use and development commission and city council and all temporary structures or equipment shall be entirely removed from the property.

      2.   Safety fencing shall be erected around all pits that create a safety hazard.

   G.   Kennels:

      1.   Commercial kennels shall:

         a.   Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs in such commercial kennel, which cage, structure, dog run or kennel:

            (1)   Shall have a minimum area of fifteen (15) square feet for each dog kept therein;

            (2)   Shall be located at least three hundred feet (300') from any structure intended for human occupancy or use, except for the owner’s residence;

            (3)   Shall have such screening fence or structure as may be necessary to confine the dogs and screen them from public views and from views from abutting properties; and

            (4)   Shall contain facilities for the disposal of animal waste, other than through the use of the city’s garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties.

         b.   Comply with all other state and local regulations relative to such operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties.

      2.   Hobby kennels shall:

         a.   Only be maintained upon a lot which has a minimum area of four thousand (4,000) square feet for each dog kept on such lot, regardless of the number of persons keeping or harboring dogs on such lot.

         b.   Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs kept in such hobby kennel, which cage, structure, dog run or kennel:

            (1)   Shall have a minimum area of fifteen (15) square feet for each dog kept therein;

            (2)   Shall be located as far as possible from any structure intended for human occupancy or use, except for the owner’s residence;

            (3)   Shall, in any event, be located at least one hundred feet (100') from any such structure, except for the owner’s residence;

            (4)   Shall have such screening fence or structures as may be necessary to confine the dogs and screen them from views from abutting properties; and

            (5)   Shall contain facilities for the disposal of animal waste, other than through the use of the city’s garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties.

         c.   Comply with all other state and local regulations relative to such an operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties.

   H.   Outdoor Storage: Outdoor storage of commercial and industrial products or materials shall:

      1.   Be enclosed by properly maintained screening fence or other structure sufficient to screen the commercial and industrial materials from the view of existing adjoining residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street.

      2.   Not be located in any front yard setback area.

   I.   Production Building Cluster Arrangement: Cluster arrangements are mandatory for class III production buildings. The following standards shall apply to residential clusters, and shall control in event of conflict with any other provision of this title:

      1.   The minimum area to be developed shall be two (2) acres.

      2.   The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be ten (10).

      3.   The intent of the clustered arrangement being for long term residential occupancy, no space shall be rented for periods less than thirty (30) days.

      4.   Off street parking areas shall be provided at the rate of at least two (2) car spaces for each dwelling.

      5.   Clusters shall be buffered against adjoining land uses in the same manner prescribed for nonresidential uses adjacent to residential uses, in subsection 18.12.020C of this chapter.

      6.   There shall be at least twenty feet (20') between dwellings and at least twenty feet (20') between an individual dwelling and any adjoining pavement areas of a park, street, sidewalk, common parking area or other common area. There shall be at least a twenty foot (20') rear yard for each dwelling on which an accessory building not to exceed eighty (80) square feet shall be allowed. Notwithstanding the foregoing, for any production building cluster arrangement in existence on January 1, 1999, the front yard setback from the dwelling to any adjoining pavement areas of a park, street, sidewalk, common parking area, or other common area shall not be less than ten feet (10') and the rear yard setback shall have a minimum of twenty feet (20') between dwellings with an accessory building allowed for each dwelling not to exceed eighty (80) square feet each. Awnings open on three (3) sides shall be allowed as an attachment to the side of a dwelling provided there is at least ten feet (10') from the awning to the other dwelling or attachment to the dwelling on an adjoining area.

      7.   All improvements within the cluster arrangement including streets and utilities shall be completed within two (2) years from the issuance of the conditional use permit.

      8.   The cluster arrangement shall be screened from adjoining property and streets by a solid fence, with such additional landscaping as the city council may require.

      9.   The developer of a cluster arrangement shall be required to obtain design review clearance for the overall development prior to obtaining a conditional use permit.

      10.   No cluster arrangement shall be allowed where access to the court is by a local, as opposed to arterial or collector, street.

      11.   Signs shall not exceed nine (9) square feet. Under no circumstances may such signs be of exposed neon or have any flashing or moving parts.

      12.   Each dwelling space shall be a minimum of five thousand (5,000) square feet in area.

      13.   Each dwelling space shall contain no more than one production building and each such building shall be a single-family dwelling.

      14.   Except as otherwise provided herein, the cluster arrangement shall meet all applicable provisions of titles 16 and 17 of this code, as they may be amended.

The city council shall have the right in approving a production building cluster arrangement under this section to impose any additional conditions, including increasing the above standards and requiring the approval of operating and management standards, which are found by the council necessary to the area where it is located.

   J.   Production Building Sales Office: Anything in this title to the contrary notwithstanding, a production building sales site may use one class I, class II or class III production building as a sales office.

   K.   Riding Stables And Schools: Riding stables and schools shall:

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

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

      3.   Be required that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.

   L.   Vehicle Storage Sites: Vehicle storage sites shall:

      1.   Be enclosed by a properly maintained screening fence sufficient to keep vehicles on the premises from public view and from the view of existing adjoining residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street. Any screening fence constructed to satisfy this requirement shall not exceed eight feet (8') in height, measured from the natural elevation of the land. These requirements shall supplement other provisions of this title and, if another provision also applies, the more restrictive shall control. Vehicle storage sites may be located within a self-service storage facility provided the vehicle storage area is less than 25% of the lot area and allowed in the zoning district.

      2.   Be free of all weeds and other rank vegetable growth.

      3.   Not contain more than two (2) acres.

   M.   Vehicle Sales Sites: Vehicle sales sites shall be operated and maintained in compliance with the following standards:

      1.   A minimum distance of three feet (3') shall be maintained between vehicles displayed for sale.

      2.   No vehicles shall be parked within the dimension of a sight triangle defined in subsection 18.14.020F of this title.

      3.   Vehicles offered for sale shall be displayed in an orderly manner and be kept clean and display an appearance of being operable.

The following apply for home occupations:

   A.   Minor Home Occupations: The following regulations shall apply to all minor home occupations:

      1.   The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.

      2.   The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises.

      3.   No more than twenty five percent (25%) of the floor area of the dwelling may be used for the home occupation.

      4.   There shall be no advertising, display, or other indications of a home occupation on the premises.

      5.   There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks are not allowed, but a person may pick up an order placed earlier as described above.

      6.   No storage or display of goods shall be visible from outside the structure.

      7.   No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

      8.   A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

      9.   Parties for the purpose of selling merchandise or taking orders shall not be held more than four (4) times each month.

      10.   A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated.

      11.   No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed.

      12.   Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall not be allowed more than twice each year, and each sale shall not last more than seventy two (72) consecutive hours.

      13.   Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

      14.   Permitted minor home occupations, providing the above regulations are met, include, but are not necessarily limited to, the following:

            Artists and sculptors.

            Authors and composers.

            Catering, preserving and cooking for sale off site.

            Home crafts for sale off site.

            Individual instrument instruction provided that no instrument may be amplified.

            Individual tutoring.

            Office facility of a salesman, sales representative or manufacturer's representative or professional provided that no transactions are made in person on the premises.

            Telephone solicitation work.

      15.   The uses specified below shall not be permitted as minor home occupations:

            All uses prohibited as major home occupations.

            Any use which changes or may change the character of the neighborhood.

            Barbershop.

            Beauty parlors.

            Carpentry work.

            Dance instruction.

            Dental offices.

            Medical offices.

            Minor or major auto repair.

            Painting of vehicles, trailers or boats.

            Photo developing or photo studios.

            Private schools with organized classes.

            Small engine repairs.

            Television repair.

            Upholstering.

            Welding shop.

            Other similar uses.

   B.   Major Home Occupations: The following regulations shall apply to all major home occupations:

      1.   The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no more than one employee that is not an inhabitant of the dwelling. Notwithstanding this restriction, a daycare provider operating as a home occupation under this chapter, in addition to one employee, may use a licensed daycare employee or licensed volunteer that is not an inhabitant of the home on a temporary basis when the daycare provider must be absent from the home. "Temporary", as used herein, shall be for not more than fourteen (14) consecutive days.

      2.   The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations.

      3.   No more than twenty five percent (25%) of the floor area of the dwelling may be used for the home occupation.

      4.   There shall be no signs present on the property except for one sign, not exceeding four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal structure.

      5.   There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations; for example, a single chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.

      6.   There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

      7.   No significant traffic shall be generated by such home occupation. Any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in section 18.08.046 of this title and shall not be located in a required front yard.

      8.   Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

      9.   Parties for the purpose of selling merchandise or taking orders shall not be held more often than four (4) times each month.

      10.   Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than once each month, and each sale shall not last more than seventy two (72) consecutive hours.

      11.   Permitted major home occupations, provided the above regulations are met, shall include, but are not necessarily limited to, the following:

            Any use allowed as a minor home occupation.

            Daycare.

            Dressmaking.

            Organized classes with up to six (6) students at one time.

            Photo developing and photo studios.

            Single chair beauty parlors and barbershops.

            Small engine repairs, excluding major automobiles, motorcycles and snowmobiles.

            Television and other electrical repairs excluding major appliances such as refrigerators or storage.

            Trained massage therapists.

            Upholstering.

            Woodworking excluding cabinetmaking.

      12.   The uses specified below shall not be permitted as home occupations:

            Any use which changes or tends to change the character of the neighborhood.

            Catering.

            Funeral chapel or home.

            Gift shop.

            Massage parlors.

            Medical or dental clinic.

            Minor or major auto repair, painting of vehicles, trailers or boats.

            Rental businesses.

            Welding or machine shops.

   C.   Permit Procedures For Major Home Occupations:

      1.   Any person applying for a permit for a major home occupation shall make application as set forth in this title; provided, however, that person shall, on an application form provided by the city, list the names and addresses of all owners of record of property within the external boundaries of the land being considered and, from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street.

      2.   If all of the above described owners or occupants sign applicant's application for a major home occupation permit, then said permit shall be granted. If any owner of record refuses to sign, then applicant shall be required to seek the issuance of a conditional use permit for the major home occupation. (Ord. 755, 2016)

   A.   Conversion Of Dwelling To More Units: A dwelling may not be converted to accommodate an increased number of household units unless:

      1.   The yard dimensions still meet the requirements herein for new structures in that district.

      2.   The lot area per household equals the lot area requirements for new structures in that district.

      3.   The conversion results in a qualified accessory dwelling unit in compliance with this code.

      4.   The conversion is in compliance with all other relevant codes and ordinances.

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

   C.   Parking And Storage Of Certain Vehicles: Vehicles, campers or trailers of any kind or type without current license plates shall not be parked or stored in any residential district other than in completely enclosed garages or carports. However, boats, travel trailers and detached campers may be stored in the side or rear yard.

   D.   Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multihousehold residential uses shall be enclosed on at least three (3) sides by a well maintained solid wall or solid fence of at least five feet (5') in height or within an enclosed building or structure, unless the trash and/or garbage is confined to a single residential container. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be provided.

   E.   Fences: Except where screen or buffer fences are otherwise required or authorized by this title, a fence shall not exceed seven feet (7') in height; however, the Community Services Director may authorize a fence height of up to eight feet (8') based on a consideration of these factors:

      1.   Security need.

      2.   Type of commercial use bordering residential or residentially zoned area.

      3.   Aesthetics.

      4.   Surrounding property uses.

      5.   Fences in immediate area.

   F.   Obscuring Line Of Sight Vision Prohibited: No structure, fence, object or vegetation shall be constructed, placed, allowed to grow or permitted to remain at any location where it materially obscures line of sight vision from a street, vehicularway or driveway to any point within forty feet (40') at intersecting street, and fifteen feet (15') at intersecting vehicularways or driveways.

   G.   Dedicated Street Rights Of Way: No structure, fence or tree shall be constructed, placed, allowed to grow or permitted to remain within any dedicated street right of way, regardless of the width of the street. The property owner shall maintain any curb and sidewalk within the right of way and shall keep the right of way clear of obstructions or other hazards.

   H.   Parking In Public Streets Or Rights Of Way: No persons living at a household in a residential land use district shall keep and regularly and continuously park, in any public street or right of way adjoining the premises where the household is located, more than one motor vehicle per household. Additional motor vehicles and any campers, trailers, boats or other vehicles shall be parked off the public street or right of way.

   I.   Density Restriction For Abutting Zero Lot Line Residences, Duplexes, Threeplexes And Fourplexes: Exceptions allowing a greater percentage of structures than otherwise allowed in a particular zone may be recommended by the land use and development commission and granted by the council upon notice and public hearing in accordance with section 18.28.020 of this title and consideration of the factors in subsection 18.28.040C of this title. (Ord. 755, 2016; amd. Ord. 823, 2021; Ord. 845, 2022)

   A.   Design Review Committee: All plans for self-service storage facilities whether to be constructed in a permitted or in a conditionally permitted area shall, prior to construction and issuance of the building permit, be submitted to the city’s design review committee established in section 18.16.050 of this title for review and approval. The design review committee shall take the following criteria into account in evaluating the proposal:

      1.   General land use relationships between the proposed use and surrounding uses.

      2.   Access to collector or arterial streets.

      3.   Style of the designs of surrounding buildings in consideration of whether residential type construction should be required, including:

         a.   Residential type facades.

         b.   Pitched roofs.

         c.   Wing walls.

         d.   Height differentials within the structure.

   B.   Maximum Size; Separation between facilities required: The maximum site size including buildings, drive aisles, landscaping, parking areas, etc., shall be three (3) acres. No self-service storage unit facility shall be located closer than 1,500' from another self-service storage facility as measured from the nearest point of the closest building or storage area.

   C.   Roadways: The minimum size of roadways within self-service storage facility areas shall be twenty feet (20').

   D.   Fences: The perimeter of a self-service storage facility, excluding roadways going to the street, shall be enclosed with a fence with a minimum height of six feet (6'). No ribbon fence or barbed wire fence shall be used, except on top of a security fence. A solid fence shall be required on the side of any part of the perimeter which adjoins a residence or a residentially zoned area. The fence may be increased in height upon application and approval by the design review committee.

   E.   Setbacks; Landscaping: The project shall comply with all setback and landscape ordinances, including the requirement of sprinkler irrigated landscaping.

   F.   Structure Areas: Structure areas shall be limited to coverage of fifty percent (50%) of the total lot area.

   G.   Limitation: A self-service storage facility shall be limited to dead storage use only.

   H.   Activities Prohibited: No activities other than rental of storage units and vehicle storage as permitted under this Chapter, and pick up and deposit of dead storage, meaning those items which are generally unused or seldomly used, shall be allowed in the self-service storage facility.

   I.   Storage In Enclosed Buildings: All storage on the property shall be kept within an enclosed building.

   J.   Lighting: All outdoor lights shall be shielded to direct light and glare only onto the self-service storage facility premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property.

   K.   Examples Of Activities Prohibited: Examples of activities prohibited in storage sites include, but are not limited to, the following:

      1.   The establishment of a transfer and storage business.

      2.   Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations. (Ord. 347 § 3, 1990; amd. Ord. 854 § 2, 2022)

The following restrictions shall be applied by the design review committee, the land use and development commission and the city council when a structure will be built or placed in a limited commercial (C-1) zone and at least one of the abutting properties is zoned residential or is used for residential uses:

   A.   The building height shall not exceed thirty five feet (35') unless the building on a residentially zoned property or a residence on an adjoining lot exceeds that height, in which case the limits of section 18.08.042 of this title for a C-1 zone shall apply.

   B.   The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property unless conditionally permitted.

   C.   Mechanical equipment must be reasonably located or screened to limit sound transfer to nearby residentially zoned lands during construction.

   D.   During construction, noise producing mechanical equipment must be reasonably located from any common property line with residentially zoned lands.

   E.   Fences shall be maintained along residential property lines to prevent the intrusion of unwanted light, dust or blowing debris.

   F.   Openings in buildings and activity centers on sites shall be located to minimize interference with residential uses.

   G.   Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts neighborhood commercial and professional uses.

   H.   Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of the commercial or professional office activities into the adjacent residential neighborhood.

   I.   No on street parking shall be used by employees.

   J.   Light to allow lighting of the site shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned land in the vicinity of the site and the light emitted shall be confined to the site as much as reasonably possible with the technology available.

   K.   The buffering requirements of subsection 18.12.020C of this chapter shall be followed. (Ord. 755, 2016)

Power generating windmills also known as wind turbines shall be conditionally permitted in all areas within the city, subject to the following:

   A.   The windmill shall be of a monopole design and shall not utilize guywires for stability or safety. A proper building permit for the construction of the base shall be required and appropriate engineering data furnished by the applicant and/or the provider of the unit to assure adequate safety and stability of the pole.

   B.   The maximum height of the zone as set forth in section 18.08.042 of this title shall apply to the height of the highest point of the unit whether the highest point of the pole or the highest point of the blade.

   C.   The waivers provided in subsection 18.12.020E of this chapter shall not apply.

   D.   The maximum noise level at the property line between the property upon which the unit is located and adjacent property shall not exceed fifty five (55) dBA.

   E.   The setbacks from the unit to the property line upon which the unit is located shall not be less than the maximum height of the unit as built.

   F.   The distance between the ground and the lowest point of any portion of the blade on the unit, while operating, shall not be less than ten feet (10').

   G.   The unit shall be a nonobtrusive color such as white, off white or gray; shall not be artificially lighted unless required by the federal aviation administration or other applicable authority and shall not display advertising including flags, streamers or decorative items except for the identification of the manufacturer, facility owner and operator.

   H.   No ladder or other means of climbing the unit shall exist permanently between the ground and the lowest eight feet (8') of the unit so children may not readily climb the unit.

   I.   The installation and design of the unit shall conform to applicable industry standards, including those of the American National Standards Institute, if applicable, and shall take into account local conditions.

   J.   All structural, electrical and mechanical components of the unit shall be certified by a professional engineer and conform to relevant and applicable local, state and national codes.

   K.   If any unit is not used to generate electricity for a continuous period of one hundred eighty (180) days, the owner of the property shall have one hundred eighty (180) days from the expiration of the one hundred eightieth day of nonuse to decommission the unit which includes removing the turbine, pole and all components. (Ord. 755, 2016)