The intent of "activity groups" is to establish broad classifications into which all specified land uses can be grouped for ease of regulation. "Activity groups" relate directly to those areas permitted by the appropriate zoning district. All activities and facilities thus permitted must conform to the Building Code 1 , as adopted by the City, or appropriate adopted code except where specified. (Ord. 3096 §31, 2003: Ord. 2049 §15, 1987: Ord. 1691 §1(part), 1982)

Any activity or facility which is not expressly classified within any activity group shall be included in that group whose description most closely portrays it. In cases of uncertainty as to the classification of any use, the Planning Director shall classify the use, subject to the right of appeal from such determination pursuant to the administrative appeal procedure, chapter 17.09, article VIII of this title. In cases of mixed uses, the use that occupies the majority of the floor area as determined by the Planning Director with concurrence of the building official shall be considered the principal use. Such determination shall be subject to the administrative appeal procedure. (Ord. 3127 §9, 2003: Ord. 3025 §12, 2001: Ord. 2934 §48, 1999: Ord. 1691 §1(part), 1982)

   A.   Residential activities include the occupancy of living accommodations on a permanent or semipermanent basis, but excluding criminal transitional facilities, juvenile offenders facilities and other institutional living arrangements involving special types of care or forced residence, and also excluding hotel/motel type living accommodations.

   B.   Types of structures included within residential activities are:

      1.   Detached Housing: One dwelling unit, freestanding and structurally separated from any other dwelling unit or building, except for an accessory building located on a lot or building site which is unoccupied by any other dwelling unit or main building.

         a.   Single-family detached housing: One dwelling unit occupied by a "family" as defined in this title, including manufactured structures and designated manufactured homes as defined in this chapter.

         b.   Group dwelling detached housing: One dwelling unit occupied by a group as defined in subsection 17.02.045J of this title.

         c.   A maximum of two (2) detached dwelling units are allowed on a lot provided the minimum lot size is met. An accessory dwelling unit (ADU) constitutes a dwelling unit.

      2.   Duplex Housing: Two (2) dwelling units that are in a side by side or vertical arrangement which share a common structural system, and are located on a lot or building site which is unoccupied by any other dwelling unit or principal use. Only one duplex housing facility is allowed on a lot provided the minimum lot size is met.

      3.   Multiple-Family Housing: A structure containing at least three (3) dwelling units located on a lot or building site. More than one multiple-family housing facility is allowed on a lot provided the minimum lot size is met and it has the appropriate zoning.

      4.   Private Enclosed Recreation Facility: A structure that encloses areas and equipment for activities that are primarily recreational in nature, also mailrooms, accessory to and expressly for residential developments and not commercial in function.

      5.   Mobile Home: A housing unit that is primarily preconstructed and brought to a site for placement, and is designed and/or intended for human habitation on a weekly or longer basis.

      6.   Boarding House: A residence consisting of at least one dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units as defined herein.

      7.   Single-Family Attached Housing: Dwelling units that are side by side and employ a common wall construction and are located on separate lots.

      8.   Elderly Housing: A structure containing at least three (3) dwelling units and specifically designated for and limited by covenant restriction to senior citizens over sixty two (62) years of age. (Ord. 3600, 2018: Ord. 3560, 2017: Ord. 3288 §3, 2007: Ord. 3238 §3, 2005: Ord. 2918 §1, 1999: Ord. 2740 §1, 1996: Ord. 2637 §2, 1994: Ord. 2348 §1, 1991: Ord. 2093 §3, 1988: Ord. 1691 §1(part), 1982)

Civic activities include the performance of utility, educational, recreational, cultural, medical protective, governmental, and other activities which are strongly vested with public or social importance and are described as follows:

   A.   Administrative: Activities typically performed by public, quasi-public, and public utility administrative offices such as City, County, State or similar offices.

   B.   Community Organizations: Activities typically performed by nonprofit organizations whether social, charitable, civic, or professional. This includes organizations such as the Chamber of Commerce, the Red Cross, labor unions, political organizations, and similar groups.

   C.   Community Assembly And Cultural/Nonassembly: Activities typically performed by, or at the following institutions or installations:

      1.   Public meeting halls,

      2.   Nonprofit museums, art galleries, libraries, and observatories.

   D.   Community Education: Activities typically performed by the following public or private institutions:

      1.   Foster care establishments.

      2.   Childcare facility licensed by the State of Idaho, Department of Health and Welfare, providing twenty four (24) hour care and supervision for nine (9) or more children (plus 2 houseparents for each 6 children) who are under the age of eighteen (18), unrelated to the houseparents, and who have been placed voluntarily or by a State agency, court order or childcare agency, but who have not been placed under the jurisdiction of the Youth Rehabilitation Act.

      3.   Daycare facilities, nursery schools, and kindergartens.

      4.   Elementary, junior high, intermediate, and high schools, colleges, and universities.

   E.   Hospital/Healthcare: Activities typically performed by the following institutions:

      1.   Hospitals and health clinics.

      2.   Nursing homes, convalescent hospitals, rest homes, and homes for the aged, providing care for three (3) or more residents who require twenty four (24) hour skilled or intermediate care and medical supervision at a lower level than that provided by a hospital. The maximum number of residents shall be set by special use permit where required.

      3.   Rehabilitative facilities providing living accommodations, rehabilitation, and twenty four (24) hour supervision for three (3) or more residents who are in a recovery program for alcoholism, drug abuse, or mental illness. The maximum number of residents shall be set by special use permit, where required.

      4.   Handicapped or minimal care facility providing twenty four (24) hour care, group dining and supervision for nine (9) or more residents who are:

         a.   Physically or mentally handicapped or infirm and who are in need of residential rather than medical care; or

         b.   Capable of taking care of themselves in independent living units, but who prefer personal supervision. The maximum number of residents shall be set by special use permit where required.

   F.   Criminal Transitional Facility: Providing transitional living accommodations for three (3) or more residents who are on probation, on parole or participating in early release programming while in the custody and/or control of the Federal or State prison systems. The maximum number and type of offenders, based on the offenses committed, the extent of supervision required, and the length of allowable transition period may be set by special use permit.

   G.   Juvenile Offenders Facility: Providing twenty four (24) hour care and supervision for three (3) or more children (plus 2 houseparents) who are under the age of eighteen (18) and unrelated to the houseparents, and who have been placed voluntarily or by a State agency, court order or a childcare agency, as a result of a criminal offense. The maximum number of residents shall be set by special use permit, where required.

   H.   Religious Assembly: Activities typically performed at churches, temples, synagogues, and other centers established for the pursuit of religious beliefs; this includes accessory residential uses typical of such religious centers.

   I.   Neighborhood Recreation: Activities that include the use of small open spaces for nonstructured or passive recreation, typical of neighborhood or vest pocket parks; these parks, which could be publicly or privately owned and maintained, provide for the low intensity recreational needs of the immediate local vicinity.

   J.   Public Recreation: Activities typical of institutionally owned structures or public open space for passive or active recreation programs and life sports that include Municipal parks, school playgrounds, public beach.

   K.   Essential Services: Activities that include the maintenance and operation of public utilities typical of electric, gas, telephone, sewer and water lines. The following activities and facilities are also included in this group:

      1.   Cemetery support services that are ordinary and necessary for the operation of a cemetery and that do not adversely impact the surrounding neighborhood. A monument company would be typical of a cemetery support service.

      2.   Wireless communication facilities.

   L.   Extensive Impact: Activities that typically encompass large areas of land may detrimentally impact certain neighboring areas typical of prisons, airports, large electrical transforming installations, refuse dumps, and military installations. (Ord. 3472, 2013: Ord. 3332 §1, 2008: Ord. 3238 §4, 2005: Ord. 2833 §3, 1997: Ord. 2745 §1, 1996: Ord. 2093 §4, 1988: Ord. 2049 §16, 1987: Ord. 1691 §1(part), 1982)

Commercial activities include the distribution and sale or rental of goods; the provision of services other than those classified as civic activities; and the administrative and research operations of private, profit oriented firms, other than public utility firms and include the following:

   A.   Agricultural Supply And Commodities Sales: Activities that typically include the sale from the premises of feed and grain, fertilizers, pesticides, herbicides, animal care equipment.

   B.   Automotive Sales: Activities that include the sale from the premises of motor vehicles, with incidental maintenance; such activities are typical of new or used auto, boat and mobile home dealers.

   C.   Automotive Accessory Retail Sales: Activities that include the retail sale from the premises of motor vehicle parts and accessories; such activities are typical of firms selling tires, batteries, mufflers, auto glass, and auto upholstery, but excluding tire recapping.

   D.   Business Supply Retail Sales: Activities that include the retail sale or rental from the premises of the office equipment and supplies and similar goods primarily to individuals, firms and other organizations utilizing the goods; they exclude the sale or rental of motor vehicles and the sale of materials used in construction of buildings or other structures; such activities are typical of barber equipment and supply firms, and hotel or office equipment and supply firms.

   E.   Construction Retail Sales: Activities that include the retail sale or rental from the premises of goods and equipment, including paint, glass, hardware, fixtures, electrical supplies and lumber, primarily to individuals rather than firms; such activities are typical of hardware stores.

   F.   Convenience Sales: Activities that include the retail sale from the premises of drugs and other frequently needed small personal convenience items such as toiletries, tobacco and magazines, including small grocery stores.

   G.   Department Store Type Retail Sales: Activities that include the retail sale or rental from the premises of a wide range of general goods and merchandise primarily for personal or household use, principally including apparel, appliances and sundries; they exclude the sale or rental of motor vehicles, except for parts and accessories; such activities are typical of department or variety stores.

   H.   Farm Equipment Sales: Activities that include the sale from the premises of motor-driven farm vehicles; such activities are typical of firms selling tractors or harvesting equipment.

   I.   Food And Beverage Sales/Off-Site Consumption: Activities that include the retail sales from the premises of food and beverages for off-premises consumption; such activities are typical of groceries, markets, liquor stores and retail bakeries. On-site consumption seating areas of up to fifteen percent (15%) of the gross floor area may be provided.

   J.   Food And Beverage Sales/On-Site Consumption: Activities that include the retail sale from the premises of food or beverages prepared for on-premises consumption; such activities are typical of restaurants and bars.

   K.   Gasoline Sales: Activities that include the sale from the premises of goods and the provision of services normally required in the operation and maintenance of automotive vehicles, including the principal sale of liquid fuel products, the incidental sale of tires, batteries, replacement items, and lubricating services, and the performance of minor repairs; excluding wholesale sale of liquid fuel products.

   L.   Home Furnishing Retail Sales: Activities that include the retail sale from the premises of furniture and home appliances, primarily to individuals rather than firms; such activities are typical of furniture and appliance stores.

   M.   Specialty Retail Sales: Activities that include the sale or rental from the premises of particular or predominant types of goods and merchandise primarily for personal or household use; they exclude the sale or rental of motor vehicles, parts and accessories, furniture and major appliances, and materials used in the construction of buildings or other structures; such activities are typical of apparel, antique, camera and flower stores.

   N.   Adult Entertainment Retail Sales: Activities, whether conducted intermittently or full time, that primarily involve the sale of books, magazines, films, photographs or other materials distinguished or characterized by an emphasis on matter depicting, describing or pertaining to human sex acts or by an emphasis on male or female genitals, buttocks or female breasts, typical of adult motion picture theaters, adult minimotion picture theaters, adult motion picture arcade and adult bookstores. (Ord. 2744 §1, 1996: Ord. 1691 §1(part), 1982)

Service activities include the on-site provision of professional and/or commercial services that are not classified as civic activities and are not primarily concerned with the relating of goods and include the following:

   A.   Home Occupation: An accessory activity performed within a living unit by an occupant of the living unit, which is incidental to the residential use of the living unit and is subject to the home occupation regulations set forth in Article VIII of Chapter 17.06.

   B.   Professional And Administrative Offices: Activities that include managerial, clerical, consultation and professional, including medical, services for therapeutic, preventative or corrective personal treatment, typically performed by the following:

      1.   Insurance and real estate offices.

      2.   Architects, engineers, lawyers and accounting offices.

      3.   Planning and educational research service.

      4.   Doctors, dentists and other health care practitioners.

      5.   Medical testing and analysis services.

      6.   Corporate headquarters, branch offices and data storage centers.

   C.   Veterinary Activities: Activities that include the provision of animal care, treatment and boarding services, but excluding the boarding of horses or cattle, typically performed by animal clinics, hospitals and kennels, as follows:

      1.   Veterinary Office: Activities that include the provision of health care for small domestic animals (such as cats, dogs and rabbits), with incidental boarding services. Such activities are typical of small animal clinics and hospitals, facilities for which are primarily indoors.

      2.   Veterinary Hospital: Activities that include the provision of health care and boarding services for large farm animals (such as horses, cows, sheep, goats and pigs). Facilities for this type of activity generally require substantial outdoor area.

   D.   Hotel/Motel: Activities that include the provision of lodging services to transient guests on a less than weekly basis.

   E.   Automotive Fleet Storage: Activities that include the storage of vehicles used regularly in business operations and not available for sale, typically including overnight storage of rental cars, mobile catering trucks, taxicabs, etc.

   F.   Automotive Parking: Activities that include the temporary parking of motor vehicles on a fee or free basis within a privately owned, off-street parking area, and not the parking of commercial vehicles nor vehicles for sale.

   G.   Automotive Rental: Activities that include the rental from the premises of motor vehicles, with provision of incidental maintenance service, typically performed by car rental agencies.

   H.   Automotive Repair/Cleaning: Activities that include the major repair or painting of motor vehicles, including body work and installation of major accessories as well as the washing and polishing of motor vehicles.

   I.   Auto Camps: Activities that include the provision of spaces for lodging for transient or semi-permanent guests in semi-permanent dwelling structures, typically tents, travel trailers, and camper vehicles.

   J.   Building Maintenance Services: Activities that include the provision, primarily to firms rather than individuals, of maintenance and custodial services, including window cleaning services, disinfecting and exterminating services, janitorial services, and carpet cleaning services.

   K.   Business Support Services: Activities that include the provision, primarily to firms rather than individuals, of services of a clerical, employment, protective, or minor processing nature, including multicopy and blueprint services; they exclude the printing of books, other than pamphlets and small reports for another firm, and the storage of goods other than samples for sale.

   L.   Communication Services: Activities that include the provision of broadcasting and other information relay services accomplished primarily through use of electronic and telephone mechanisms; such activities are typical of television and radio studios and telegraph offices.

   M.   Consumer Repair Services: Activities that include the provision, principally to individuals rather than firms, of repair services such as apparel, shoe, upholstery, furniture, and electrical appliance repair services.

   N.   Convenience Services: Activities that include the provision, to individuals, of convenience services which are typically needed frequently or recurrently, such as beauty and barber care, and apparel laundering and dry cleaning.

   O.   Banks and Financial Services: Activities that include the provision of financial services; such activities are typical of banks, savings and loan associations, and credit institutions.

   P.   Funeral Services: Activities that include the provisions of undertaking, funeral and crematory services involving the care, preparation and disposition of human dead.

   Q.   General Construction Services: Activities that include the provision of services typically performed off the premises by building contractors, or by any of the trades involved in building construction, typically including plumbing, painting, electrical, roofing, carpentry, heating and sheet metal contracting when related to building construction and other services.

   R.   Group Assembly: Activities that include the provision of cultural, educational, and entertainment services to assembled groups of spectators or participants; such activities are typical of dance halls, theaters, skating rinks and meeting halls.

   S.   Laundry Services: Activities that include institutional or commercial linen supply and laundry services, as well as diaper service laundries.

   T.   Personal Services: Activities that include the provision of informational, instructional, and similar services of a personal but nonprofessional nature, such as driving schools, travel bureaus, and photography studios.

   U.   Commercial Recreation: Activities that include profit- oriented sports activities performed either indoors or outdoors, which require a facility for conducting the recreational activity; such activities are typical of swimming centers, tennis courts, racquetball courts, golf courses, etc.

   V.   Adult Entertainment: Activities, whether conducted intermittently or full-time, that primarily involve the display, exhibition, or viewing of people and/or materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts or by emphasis on male or female genitals, buttocks or female breasts; typical of adult motion picture theaters, adult mini-motion picture theaters, and adult motion picture arcades, and including massage parlors and bathhouses, as defined by Chapter 5.28.

   W.   Mini-Storage: Activities that include the provision of personal, self-service storage facilities, not intended for use by freight handling, shipping, weighing, or trucking services or similar entities; typical of commercial mini- storage facilities.

   X.   Commercial Film Production: A use whose activities may be conducted intermittently or full-time, and which includes the accommodation of motion picture filming and videotape production for commercial distribution. (Ord. 2653 §1, 1994: Ord. 2049 §17, 1987: Ord. 1903 §1, 1985: Ord. 1691 §1(part), 1982)

Wholesale sales activities include provisions for receiving, storage and delivery of goods usually to retailers and on a case lot basis; also including incidental retail sales outlets and the following:

   A.   Finished Goods: Activities that include the storage and wholesale sale to retailers from the premises of finished goods and foodstuffs, typical of wholesale food and apparel supply firms.

   B.   Unfinished Goods: Activities that include the storage and wholesale sale from the premises of unfinished, raw, or semi-refined projects requiring further processing, fabrication, or manufacturing.

   C.   Bulk Liquid Fuel Storage: Activities that include the storage and pumping of liquid fuel products for wholesale distribution.

   D.   Storage and Warehousing: Activities that include the provision of warehousing, storage, freight handling, shipping, weighing, and trucking services; except for the storage of live animals. Typical activities include moving and storage services, public warehouses, trucking firms, and recycling centers. (Ord. 2049 §18, 1987: Ord. 1925 §1, 1985: Ord. 1691 §1(part), 1982)

Industry activities include the on-site production of goods or materials by methods other than agricultural, including activities that are manufacturing and/or extractive in nature and include the following:

   A.   Custom Manufacturing: Activities that include the production of goods and characterized by direct sale to the consumer, typically involving the manufacture, compounding, processing, assembling, packaging, treatment or fabrication of items such as the following:

      1.   Cameras and photographic equipment, but not film development.

      2.   Custom clothing.

      3.   Professional, scientific, measuring and control instruments.

      4.   Musical instruments.

      5.   Handicraft, art objects and jewelry.

      6.   Printing, publishing or pattern making.

      7.   Signmaking.

      8.   Welding fabrication and repair.

   B.   Light: Activities that include the manufacturing, compounding, processing, assembling, packaging, treatment, fabrication of articles or merchandise that is primarily indoors, with an on-site operation that will not be significantly detrimental to the environment in respect to air, water, noise, and visual quality; typical of assemblage of appliances, photographic developing, enclosed bottling plants, textile, manufacture, metal fabrication, cabinet shops, plants, tire recapping and food canning, but not processing; lumber, saw and planing mills are included within this category.

   C.   Heavy: Activities that include the manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of articles or merchandise not usually entirely enclosed in a building that operates in a manner that may degrade the environment in relation to air, water, noise, visual quality, typical of factories that render raw materials to a more usable form, such as steel mills, pulp plants, electricity/generating facilities, gasohol and energy conversion plants.

   D.   Extractive: Activities that include the on-site production of mineral products by extractive methods, typical of the following:

      1.   Oil and gas field exploration, drilling and operation.

      2.   Subsurface and surface mining and quarrying of metallic and nonmetallic minerals. (Ord. 2314 §1, 1990: Ord. 1691 §1(part), 1982)