A.   General:

      1.   The Commercial District (C) is intended as a broad spectrum commercial district that permits limited wholesale/retail sales and service, in addition to allowing limited manufacturing uses with a special use permit.

      2.   Any uses not specifically delineated as allowed, or allowed as a specified special use permit shall be considered prohibited. No buildings or other structures shall be allowed in the vision triangle. The vision triangle is a triangle of land that has an unobstructed view from a curb line of a driveway, roadway or street intersection. Intersections include all cases where two (2) streets intersect and locations where driveways intersect streets. The area needed to be clear of obstruction for safe turning movements is called the “vision triangle”.

The following standards apply:

 

 

   B.   Allowed Uses:

      1.   See section 5-3-14, “Appendix 1 Activity Groups”, of this chapter for general description and definition of each use.

Administrative offices.

Agricultural supplies and commodity sales.

Automobile and accessory sales.

Automobile renting.

Automotive fleet storage.

Automotive parking.

Banks and financial institutions.

Bars and taverns.

Building maintenance service.

Business supply retail sales.

Business support service.

Coffee and espresso stands.

Commercial film production.

Communication service.

Community assembly.

Community organization.

Construction retail sales.

Consumer repair service.

Convenience sales.

Convenience service.

Department stores.

Essential public utility service.

Farm equipment sales.

Finished goods wholesale.

Food and beverage stores.

General construction service.

Government facilities.

Group assembly.

Handicapped or minimal care facility.

Home furnishing retail sales.

Hospitals/healthcare.

Hotel/motel.

Laundry service.

Microbreweries.

Ministorage facilities.

Neighborhood recreation.

Nursery sales and landscaping services.

Nursing/convalescent/rest homes for the aged.

Personal service establishments.

Professional offices.

Public recreation.

Religious assembly.

Restaurants.

Retail gasoline sales.

Spas and health clubs.

Specialty retail sales.

Veterinary office.

Wineries.

      2.   Allowed Accessory Uses:

Storage for primary use, subject to the following restrictions:

         a.   Any outdoor storage associated with an allowed or special use shall be stored within a completely enclosed building, or behind a six-foot (6') high, one hundred percent (100%) site obscuring fence, or a six-foot (6') high landscaped berm. Such a fence or berm shall be configured so that materials within the outdoor storage area are not visible from adjacent properties, road rights of way, or from a parking area or driveway on the subject property. The following items may be stored outside, outside of the aforementioned enclosure:

            (1)   Vehicle sales for display.

            (2)   Equipment rentals for display.

            (3)   Limited inventory for advertising purposes, restricted to three (3) items on display; shall not impede required parking spaces and circulation patterns.

            (4)   Any equipment or inventory displayed shall not create a visual obstruction in the vision triangle that will interfere with the ingress or egress to a roadway or driveway.

      3.   Special Use Permits: See section 5-3-14, “Appendix 1 Activity Groups”, of this chapter for general description and definition of each use. A structure, site or parcel may have more than one special use permit. Each special use is considered a separate permit.

Adult entertainment sales and service.

Automobile repair and cleaning.

Car wash.

Childcare facility.

Commercial kennel.

Commercial recreation.

Community education.

Custom manufacturing.

Funeral service.

Light industrial uses.

Noncommercial kennel.

Veterinary hospital with boarding facilities.

Warehouse/storage.

Wireless communication facility.

      4.   Prohibited Uses: See section 5-3-14, “Appendix 1 Activity Groups”, of this chapter for general description and definition of each use.

Those uses which may have been declared nuisances in any court of record or may be deemed obnoxious or offensive by reason of emission of odor, smoke, dust, gas or noise by the City and:

Amusement park, theme park.

Auto camp.

Automobile graveyards and junkyards (defined separately).

Aviation field or landing strips.

Bulk petroleum storage stations and terminals.

Chemical plant.

Concentrated animal feeding operation.

Extensive impact uses.

Heavy industrial uses.

Manufacture or storage of explosives or gunpowder with the exception of retail sale of gunpowder for firearms.

Metal powder works.

Outdoor theaters.

Recycling plant.

Riding stable.

Slaughterhouse.

Solid waste facility or solid waste transfer station.

Tanneries.

      5.   Classification Of Unlisted Uses: 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 City shall classify the use, subject to the right of appeal from such determination pursuant to the appeal procedure of Section 1-11-1. In cases of mixed uses as defined in section 5-3-14, “Appendix 1 Activity Groups”, of this chapter, the use that occupies the majority of the floor area as determined by the City shall be considered the principal use. Such determination shall be subject to the appeal procedure of Section 1-11-1. (Ord. 221, 7-12-2012; amd. Ord. 256, 10-4-2018; Ord. 264, 3-5-2020; Ord. 272, 9-14-2021)

(Rep. by Ord. 272, 9-14-2021)

   A.   Without Municipal sewer service: All lots shall have one hundred ten feet (110') of frontage on a publicly dedicated street, accepted and maintained by the City or the Lakes Highway District or other public authority, and shall contain not less than one acre.

   B.   With Municipal sewer service: All lots shall have a minimum of ten thousand (10,000) square feet with frontage of fifty feet (50') on a public or private street or access easement.

   C.   Any lots reduced to less than one acre by condemnation or eminent domain procedures shall be considered legal lots even if such lot contains less than one acre. (Ord. 221, 7-12-2012)

   A.   Front Yards: Every permanent structure with the exception of signs, fences and walls on all properties which front on an established street right-of-way shall be set back from the front property line at least twenty five feet (25'). For sign setbacks, see chapter 11 of this title for the sign regulations. Note: More restrictive setbacks may be required due to noise and vibration.

   B.   Rear Yard: Every permanent structure with the exception of signs, fences and walls shall be set back at least ten feet (10') from the rear property line, except the rear yard of a corner lot that fronts a public right-of-way shall be not less than twenty five feet (25') along the side or flanking street. If the rear yard abuts a lot in a different district that requires setbacks for rear yards, then the property in this district shall have setbacks as specified in the more restrictive district. Note: More restrictive setbacks may be required due to noise and vibration.

   C.   Side Yards: No setback for structures shall be required on side property lines, unless required by the International Building Code or International Fire Code and except on the side yard of a corner lot which fronts a public right-of-way shall be not less than twenty five feet (25') along the side street, also if the side yard abuts a lot in a different district which requires setbacks for side yards, then the property in this district shall have setbacks as specified in the more restrictive district. Note: More restrictive setbacks may be required due to noise and vibration.

   D.   Nonconforming Structures: Existing structures that met setback requirements when they were constructed but no longer meet setback requirements as a result of right-of-way dedication or eminent domain procedures shall be considered legal, conforming structures unless there is a health and safety issue as determined by the City Engineer or the Fire Marshal. (Ord. 221, 7-12-2012)

"Height" is defined under section 5-1-4, "Definitions", of this title. All structures that are at least set back twenty five feet (25') from a residential property line shall be limited to thirty two feet (32') in height or a maximum of two (2) stories, whichever is less. All structures that are within twenty five feet (25') of a residential property line shall be limited to twenty five feet (25') in height or a maximum of two (2) stories, whichever is less. (Ord. 221, 7-12-2012)

Every parcel of land used for commercial purposes shall provide a lane of not less than eighteen feet (18') of unobstructed all weather driving surface approved by the Kootenai County Fire Protection District from an established street or highway to the rear property line. A fire lane shared by adjacent property owners by a mutual recorded agreement may be allowed. Said lane shall be a designated fire lane and shall remain accessible at all times. If the fire lane is gated for security purposes, the fire district shall give their written approval and then shall be provided the code or key to open the gate. (Ord. 221, 7-12-2012)

For parcels of land that access right-of-way controlled by City of Coeur d’Alene, an approach permit shall be obtained from the City of Coeur d’Alene.

Except for rights-of-way controlled by the City of Coeur d’Alene, any parcels that access public streets in Dalton Gardens shall be designed to comply with the City’s engineering standards for access and approach onto public streets and require an approach permit obtained from the City. (Ord. 221, 7-12-2012; amd. Ord. 272, 9-14-2021)

All off street parking regulations shall be as set forth in chapter 12 of this title which is by reference herein incorporated. (Ord. 221, 7-12-2012)

All site disturbance, erosion control and stormwater management regulations shall be as set forth in the latest version of title 4, chapter 3 of this Code which is incorporated herein by reference. (Ord. 221, 7-12-2012)

All sign regulations shall be as set forth in the latest version of chapter 11 of this title which is incorporated herein by reference. (Ord. 221, 7-12-2012)

   A.   Fencing: Fencing is not required; however, if fencing is erected or installed, the following standards apply:

      1.   Permit Required; Inspection. Any fence exceeding 6 feet (6') in height shall require a building permit and meet International Building Code requirements. A fence permit is not required for maintenance or repair. Total replacement of an existing fence shall require a permit. Fees for fence permits shall be as specified in the Dalton Gardens fee resolution.

      2.   Materials For Fences And Walls: Fences and walls may be of material commonly used in fence construction (for example: wood, wrought iron, chainlink, vinyl), provided that said fence or wall meets any criteria for sturdiness and construction as established in other City regulations.

      3.   Fence Height: Fences and walls shall not exceed ten feet (10') in height. The height of fences and walls shall be measured from the top of the fence or wall at its highest point to the finished grade of the lot or parcel adjacent to the fence. If the fence or wall is built on a mound or is otherwise constructed on a level above the average finished grade of the parcel or lot, the height of the mound shall be included in the overall height of the fence or wall. However, where parking, loading or other similar areas are constructed adjacent to a fence or wall and are constructed above the finished grade of the parcel, the height of fences or walls shall be measured from the top of the parking/loading surface.

      4.   Fence Setbacks:

         a.   Front yard or yards directly adjacent to public right-of-way: Fences over three feet (3') in height in the front yard shall be set back at least fifteen feet (15') from the front property line.

         b.   Rear and side yard: Fences are allowed on property lines unless adjacent to a public right-of-way, which then shall follow front yard setbacks in subsection A4a of this section.

         c.   Fences are subject to vision triangle restrictions as delineated in subsection 5-3-1A3 of this chapter.

   B.   Landscaping And Buffering:

      1.   Landscaping Applicability: All properties in the Commercial District shall be required to develop a landscaping plan and add landscaping and buffering. Compliance with the provisions of this section shall be required in the following circumstances:

         a.   Any building permit for a new structure.

         b.   Building permits for reconstruction, alteration, remodel or renovation that cumulatively exceeds fifty percent (50%) of the market value of the existing structure within a five (5) year period. In the event of fire or natural disaster, the structure can be reconstructed to the same size and in the same location, regardless of market value without triggering the requirements of landscaping.

         c.   Any construction, reconstruction, reconfiguration, addition to, or alteration of a parking lot shall be required to include landscaping of any areas adjacent to street rights-of-way, and any vision triangles adjacent to a public right-of-way or driveway.

         d.   When the use of a building or portion of a building changes to another use which does not involve expansion or remodeling, such use need not provide landscaping except if additional off street parking is required, or the parking area is being modified.

         e.   In conjunction with any Special Use Permit, compliance with landscaping and buffering requirements will be evaluated and appropriate standards may be imposed as a condition of approval on the permit.

      2.   Landscaping Plan Required:

         a.   The landscape plan shall be professionally prepared, drawn to scale and indicate the following:

            (1)   Boundaries and dimensions of the site.

            (2)   Trees and any other vegetation that is to be retained.

            (3)   The location and design of areas to be landscaped.

            (4)   Type and design of proposed irrigation.

      3.   Landscaping Required, Additional Standards: The following areas shall be landscaped. These standards are the minimum required:

         a.   All front, rear and side yards within five feet (5') of street rights-of-way shall be landscaped.

         b.   All vision triangle corners shall be landscaped.

         c.   Landscaping within the parking lot equal to ten percent (10%) of the gross parking area used for parking spaces (in addition to the landscaped areas required in subsections B3a and B3b of this section). Traffic aisles and driveways are excluded from this calculation. Such landscaping areas should be dispersed throughout the parking area. Parking lots and the accompanying landscaping shall be configured so that no parking space is more than seventy five feet (75') from a landscaped area.

         d.   All landscaped areas shall consist of a mix of deciduous and evergreen trees, shrubs and live ground cover. There shall be at least one tree and two (2) shrubs for each three hundred (300) square feet of required landscape area.

         e.   All buffer yards shall be landscaped in accordance with subsection B4 of this section.

         f.   No trees or shrubs or landscaping treatment shall obstruct the view between the intersection or the street and the access drives and parking aisles near entries and exits. Plantings within the vision triangle as defined in subsection 5-3-1A3 of this chapter shall not exceed a maximum mature height of thirty inches (30").

         g.   No ground disturbance as a result of site construction, grading, development or paving shall be left exposed to bare soil at the conclusion of construction.

         h.   All landscaped areas shall be separated from driveways, drive aisles, loading and parking areas by a six inch (6") concrete curb or similar permanent barrier.

      4.   Buffer Yard Regulations:

         a.   Buffer Yard: For purposes of this chapter, a “buffer yard” is part of the required landscaping and is a landscaped area that serves to physically and/or visually separate land uses having incompatible facilities or activities or differing intensities of use. A buffer yard is required along property lines that are adjacent to the residential zone.

         b.   Minimum Width: The buffer yard shall be a minimum of fifteen feet (15') wide unless adjacent to a public right-of-way. In such cases, the buffer yard may be a minimum of five feet (5') wide. Any buffer adjacent to public right-of-way must meet vision triangle standards.

         c.   Materials For Buffer Yards:

            (1)   All buffer yards shall be comprised of, but not limited to, a six foot (6') tall 100% sight obscuring solid fence or wall along the property line (or the line between the residential and commercial use if on the same property); together with a mix of evergreen and deciduous trees ground cover in which evergreen plant materials comprise a minimum of seventy five percent (75%) of the total plant material used. An earthen berm may not be substituted for the fence or wall.

            (2)   The required buffer yard shall result in an effective barrier within five (5) years and be maintained such that fifty percent (50%) or more of the vertical surface is closed and prevents the passage of vision through it, as determined by the City.

      5.   Landscaping Development Agreement Option: A landscaping development agreement may be initiated by the property owner. Such an agreement is negotiated with the City to provide flexibility in the implementation of the standards of this chapter while meeting the intent of the requirements. The agreement may allow for the relocation of required landscaping, but does not allow for elimination of required elements.

         a.   Information: The agreement shall be in a form provided by the City. No agreement shall be accepted without the following information included in the agreement and provided by the applicant:

            (1)   Legal name, title and addresses of the applicant, property owner and/or others with a direct vested interest in the landscaping development agreement.

            (2)   A legal description of the property that is subject of the agreement. Such legal description must be acceptable to the City.

            (3)   Signatures of all applicants, owners, developers, or lawfully authorized agents, shall be notarized, and in the case of lawfully authorized agents, properly executed powers of attorney in a form acceptable to the City’s legal counsel shall be presented to the City and shall be made part of the agreement.

            (4)   A narrative that states what changes will be made to the landscaping plan and how those changes will continue to meet the intent of the standards for landscaping and buffering.

            (5)   A site plan indicating proposed and existing landscaping, materials and plants to be used and buildings and other features that will assist in providing an accurate description of the proposed landscaping plan.

            (6)   A clause that states that once the agreement is signed by both the property owner and the City, the property owner understands and accepts that changes made to the landscaping plan shall need to be reviewed and approved by the City through an amended landscaping development agreement.

         b.   Termination Of Agreement: A termination of the agreement may be initiated by the City if the property owner fails to comply with any term, condition, obligation or duty of the agreement.

            (1)   If the City perceives that the property owner has not complied with the agreement, the City shall provide notice to the property owner of a compliance hearing held to determine compliance and possible termination of the agreement.

            (2)   The compliance hearing is a public hearing and will comply with Idaho Statute 67-6509. The property owner shall provide reasons to the City why compliance has not been implemented and why the City should not terminate the agreement and require the ordinance standards to be met.

      6.   Installation And Maintenance: The owner/developer shall follow accepted nursery standards and practices in the planting and maintenance of required landscape areas. Soil and slope stabilization must result after landscape installation.

All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the property owner’s designee. This includes the maintenance of landscape materials within or abutting the public right-of-way adjacent to the subject property. The property owner shall remove and, if required to meet the standards of this chapter, shall replace any unhealthy or dead plant material immediately or as the planting season permits.

      7.   Completion Time: The City may authorize a delay in the completion of planting outside of the planting season. Should a delay occur, a bond or other sufficient security approved by the City Attorney, equal to one hundred fifty percent (150%) of the costs of landscaping, will be provided by the owner/developer in the form of cash, certified check, irrevocable letter of credit, or bond and held by the City until said landscaping is complete or the guarantee is forfeited for noncompliance. No final certificate of occupancy shall be issued until the required landscaping is complete or a guarantee is posted.

   C.   Sidewalks: For parcels with frontage on Aqua Circle, a five foot (5') wide concrete sidewalk along the road frontage shall be installed by the property owner as part of the parking lot and landscaping requirements. Sidewalks shall be located immediately adjacent to the property line. If sidewalk exists on the adjacent parcel(s), the new sidewalk shall be configured to meet the existing.

   D.   Undeveloped Property: Undeveloped lots or parcels shall be weeded, planted with indigenous grasses and maintained in a neat and orderly manner. Under subsection 5-3-12E2e of this chapter, performance standards delineate that a violation occurs if weeds or unkempt landscaping constitute a fire hazard. (Ord. 256, 10-4-2018; amd. Ord. 272, 9-14-2021)

Compliance Required: All new and existing structures and uses shall be required to meet the requirements of this section on the date of the adoption hereof.

   A.   Refuse:

      1.   Definition: “Refuse” is defined as waste, garbage, trash, junk and litter.

      2.   Standards: All refuse containers shall be adequately screened such that they are not visible from the public street or a residential property line.

   B.   Building And Property Maintenance: All commercial buildings and properties shall be maintained to protect the public health, safety and general welfare at all times. Properties exhibiting characteristics that include, but are not limited to, the following are considered harmful or a nuisance and are prohibited:

      1.   Missing windows or doors that constitute a public safety concern or building hazard;

      2.   Unrepaired fire or vandalism damage;

      3.   Structure dilapidation, deterioration or decay that constitutes a building hazard;

      4.   Graffiti as delineated in ordinance 188;

      5.   Noxious weeds or unkempt landscaping that constitutes a fire hazard;

      6.   Abandoned and inoperable vehicles as defined in title 8, chapter 3 of this code;

      7.   Absence of adequate solid waste refuse pick up; and

      8.   Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, dead animals or parts of dead animals.

   C.   Lighting:

      1.   Lighting Exemptions: The following are exempt from the provisions of this chapter:

         a.   Seasonal displays unless such displays become a nuisance;

         b.   Vehicular lights and all temporary emergency lighting needed by the police department and fire protection district or other emergency services;

         c.   All temporary lighting used for the construction or repair of roadways, utilities and other public infrastructure; and

         d.   All lighting required by the City, state or federal regulatory agencies.

         e.   All lighting for public utilities as long as fixtures are downward directed and shielded.

      2.   General Standards: The following general standards apply to all nonexempt outdoor lighting fixtures:

         a.   Nuisance prevention: All outdoor lighting fixtures shall be designed, located and installed to be downward directed and shielded, by retrofitting if necessary, and shall be maintained in order to prevent glare, light trespass and light pollution.

         b.   An outdoor lighting fixture may only be aimed against a structure if the light is effectively contained by the structure and no glare is visible from off site.

         c.   Uplighting of identification signs fronting public streets shall be allowed under conditions delineated in chapter 11 of this title. No direct lighting shall be visible from the residential district property line. Any lighting directed upwards above the horizontal plane (uplighting) is prohibited, with the exception of government flags.

      3.   Prohibited Lighting: The following light fixtures and activities are prohibited and are considered a nuisance and light pollution:

         a.   The installation of any new fixture not in conformance with this chapter is prohibited.

         b.   No outdoor lighting fixtures shall be installed, aimed or directed to produce light that spills over into adjacent residential properties or the public right of way. Direct light trespass onto residential properties is prohibited.

         c.   No outdoor lighting fixture may be installed or maintained in such a manner to cause glare visible from off site.

         d.   No outdoor lighting fixture may be operated in such a manner as to constitute a hazard or danger to persons, or to safe vehicular travel.

         e.   Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights.

         f.   Searchlights, laser source lights, or any similar high intensity light is prohibited except in emergencies by police and fire personnel or at their direction, or for approved temporary lighting under a special event permit issued by the city.

   D.   Construction Activity Prohibited During Certain Hours: It is unlawful and is deemed a public nuisance for any person to engage in acts of building construction, site development, use of heavy equipment for earthmoving or installation of public works, or other construction activities which involve use of concussion, compression, power tools, or which produce bothersome noise, vibration, illumination, dust, or similar undesirable environmental effects onto adjoining residential properties, between the hours of nine o’clock (9:00) P.M. and six o’clock (6:00) A.M. on a weekday and between six o’clock (6:00) P.M. and seven o’clock (7:00) A.M. on a weekend, except as otherwise authorized by the city council for utility construction or service emergencies.

   E.   Vibration: Any outdoor activity that causes vibration shall be set back from the property line sufficient distance to stop vibration at the property line or be conducted in a fully enclosed building that has been engineered to prevent vibration at the property line or an abutting residential zoning district as perceived by a person of normal sensitivities.

   F.   Noise:

      1.   Standard: No person may make or permit, in the operation of a machine or otherwise, any noise to the annoyance of any other person of ordinary sensibilities between the hours of nine o’clock (9:00) P.M. and six o’clock (6:00) A.M. on a weekday and between six o’clock (6:00) P.M. and seven o’clock (7:00) A.M. on a weekend, except as otherwise authorized by the city council for utility construction or service emergencies.

      2.   Loud Or Unnecessary Noises: Any noise which exceeds the ambient level by fifteen (15) decibels on an A-scale decibel meter (as specified in ANSI S 1.4-1971) and which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of ordinary sensibilities; endangers or damages personal or real property; disturbs or would disturb the peace; or creates a nuisance is prohibited.

      3.   Exemptions: This requirement shall not apply to maintenance equipment including, but not limited to, lawn mowers, snowblowers and weed whackers, snow removal equipment, emergency equipment not operated on a regular or scheduled basis; and warning devices not operating continuously for more than five (5) minutes.

      4.   Enumeration Of Violations: The following noises and acts, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

         a.   Inoperative Muffler: Inoperative or absence of vehicle muffler.

         b.   Repair Of Vehicles: Any noise generated from the repair, rebuild or test motor vehicle, motorboat or aircraft to cause a noise disturbance across a residential lot line outside of the hours delineated in this section.

         c.   Repair Tools (Hammers, Concrete Saws, Etc.): Any noise generated by the use or operation of any pneumatic and electric hammer, concrete saw or other equipment or appliance, blasting device or other explosive not associated with a current building permit shall be a loud and unnecessary noise unless such noise is both created during the times allowed for construction and does not exceed the noise levels.

         d.   Loading, Unloading, Opening Boxes Or Crates: The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

   G.   Dust, Smoke And Odor Control: No development shall generate dust, smoke, odors, or other airborne pollutants that travel beyond its property line, except as permitted by state and federal air quality standards. (Ord. 221, 7-12-2012; amd. Ord. 272, 9-14-2021)

   A.   When determined necessary by the Planning Administrator, a project review meeting shall be required prior to processing building permit or site disturbance permit applications in the commercial zone. The project proponent must submit a complete description of the project, including all information on the forms provided by the city. Staff may request additional information prior to sending the request to the project review team.

   B.   The project review team includes the project proponent, and city representatives from planning, building and engineering. It may include fire department representatives, health district representatives and representatives from the Dalton Gardens Water Association, Dalton irrigation district, and the City of Coeur d’Alene.

   C.   At the project review meeting, the project review team will determine the types of approvals that will be necessary and provide an estimate of required fees for the project. The project review team may impose conditions on the project to mitigate impacts.

   D.   A site inspection may be deemed necessary by the City.

   E.   The burden of proof to provide correct information lies with the project proponent and property owner. (Ord. 221, 7-12-2012; amd. Ord. 264, 3-5-2020; Ord. 272, 9-14-2021)

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

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.

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 mini-motion picture theaters, adult motion picture arcade and adult bookstores.

Agricultural supply and commodities sales. Activities that typically include the sale from the premises of feed and grain, fertilizers, pesticides, herbicides, animal care equipment.

Amusement park. A permanent outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items, and buildings for shows and entertainment.

Auto camps. Activities that include the provision of spaces for lodging for transient or semipermanent guests in semipermanent dwelling structures, typically tents, travel trailers, and camper vehicles.

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.

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.

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.

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.

Automotive repair/cleaning. Activities that include the major repair or painting of motor vehicles, including bodywork and installation of major accessories as well as the washing and polishing of motor vehicles.

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.

Aviation field or landing strips.

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.

Bar and tavern. An establishment where alcohol and sometimes food is served.

Brewery. "Brewery" is a distillery where beer, wine and alcoholic beverages are brewed.

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.

Bulk liquid fuel storage. Activities that include the storage and pumping of liquid fuel products for wholesale distribution.

Bulk petroleum stations and terminals. This is an industrial land use that is comprised of establishments with bulk liquid storage facilities primarily engaged in wholesaling crude petroleum and petroleum products, including liquefied petroleum gas.

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.

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.

CAFO (Concentrated Animal Feeding Operation). Defined in Idaho Code 67-6529C(1).

Car wash. A facility that either is used manually or automatically to wash the exterior or interior of automobiles.

Chemical plant. A "chemical plant" is an industrial facility where chemicals are produced and stored.

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.

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, skating rinks, tennis courts, racquetball courts, golf courses, etc., but does not include riding stables, amusement parks or theme parks.

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.

Community assembly and cultural/nonassembly. Activities typically performed by, or at the following institutions or installations:

   A.   Public meeting halls.

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

Community education. Community education is a campus based program that provides educational, social, cultural, economic, and workforce development opportunities that meet the diverse needs of the communities it serves. Typical classes may include, but are not limited to, personal enrichment, hobbies, skill building, and career training. Community education can also include establishments for children such as foster care, childcare facilities, kindergartens and public and private schools.

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.

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.

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.

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.

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.

Crematory. A building where bodies are incinerated. Crematories may be an accessory use to a funeral home; however, a crematory may have more intensive impacts than those of the funeral home.

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 that are not massed produced such as the following:

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

   B.   Custom clothing.

   C.   Professional, scientific, measuring and control instruments.

   D.   Musical instruments.

   E.   Handicraft, art objects and jewelry.

   F.   Printing, publishing or pattern making.

   G.   Sign making.

   H.   Custom woodworking or custom metal working.

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.

Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal ("offal" is the entrails and internal organs of a butchered animal) or dead animals.

Essential public utility services. Activities that include the maintenance and operation of public utilities typical of electric, gas, telephone, sewer and water lines. Also included in this group are 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.

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.

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

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

   B.   Subsurface and surface mining and quarrying of metallic and nonmetallic minerals.

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.

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.

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.

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.

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

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.

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 construction, typically including earthwork, plumbing, painting, electrical, roofing, carpentry, heating and sheet metal contracting when related to construction and other services. Activities include minor and incidental repair of equipment. Construction services includes structures, yards and facilities.

Government facilities. A building, structure, infrastructure or land that is owned by the public.

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.

Heavy industrial. Activities that include the manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of articles or merchandise not usually 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.

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.

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 herein.

Hospital/healthcare. Activities typically performed by the following institutions:

   A.   Hospitals and health clinics.

   B.   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.

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

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

      2.   Capable of taking care of themselves in independent living units, but who prefer personal supervision.

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

Junkyards, automobile graveyards or places for the collection of scrap metal, paper, rags, glass or junk for salvage or storage purposes with the exception of land uses that meet title 3, chapter 3 of this Code.

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.

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

Light industrial. Activities that include the manufacturing, compounding, processing, assembling, packaging, treatment, fabrication of articles or merchandise that is primarily indoors, including welding fabrication and repair 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.

Manufacture or storage of explosives or gunpowder with the exception of retail sale of gunpowder for firearms.

Metal powder works. The production and sale of metal powders, metal flakes, metal fibers or nonmetallic powder additives used with these materials, such as graphite or lubricants.

Microbrewery. A brewery producing specialty beer. This may include area for retail sales.

Ministorage. 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 ministorage facilities.

Mixed use. A combination of uses inside a single building or set of buildings on a single parcel, typically a combination of unrelated businesses.

Neighborhood recreation. Activities that include the use of small open spaces for unstructured or passive recreation, typical of neighborhood or 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.

Outdoor theaters. Outdoor theaters include drive-in movie theaters, stadiums and field houses.

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.

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:

   A.   Insurance and real estate offices.

   B.   Architects, engineers, lawyers and accounting offices.

   C.   Planning and educational research service.

   D.   Doctors, dentists and other healthcare practitioners.

   E.   Medical testing and analysis services.

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

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.

Recycling plant. A plant for reprocessing used or abandoned materials.

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.

Restaurant. An establishment where food and sometime liquor or alcoholic beverages are served for profit.

Slaughterhouse. "Slaughterhouse" is a place where animals marketed for meat are killed humanely and processed; this includes the distilling of bones, fat or glue; glue or gelatin manufacturing.

Solid waste facility or solid waste transfer station. Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal ("offal" is the entrails and internal organs of a butchered animal) or dead animals.

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.

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.

Tanneries including the tanning, curing or storage of rawhides or skins.

Theme park. An amusement park in which landscaping, buildings, and attractions are based on one or more specific themes, as jungle wildlife, fairy tales, or the Old West.

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.

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

   A.   Veterinary office. Activities that include the provision of healthcare for small domestic animals (such as cats, dogs and rabbits). Such activities are typical of small animal clinics and facilities for which are indoors.

   B.   Veterinary hospital. Activities that include the provision of healthcare, surgery and boarding services for small and large animals. Facilities for this type of activity generally require boarding facilities and outdoor areas.

Winery. A building or property that produces wine, or a business involved in the production of wine. A winery may include retail sales of wine.

Wireless communication facility (WCF). Any facility designed and used for the purpose of transmitting, receiving, or relaying voice and data signals. WCFs include siting areas, transmission towers and antennas. (Ord. 256, 10-4-2018)