This title shall be known and may be cited as the ZONING ORDINANCE OF THE CITY OF DEARY. (Ord. 311 § 1, 1999)

This title is adopted pursuant to authority granted by title 67, chapter 65 of the Idaho Code, and article 12, section 2 of the Idaho Constitution, as amended or subsequently codified. (Ord. 311 § 1, 1999)

In their interpretation and application the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare, to retain and enhance upon the aesthetics of the community, to preserve and enhance land values, to separate incompatible uses and to promote security within the community. To protect the public, among other purposes, such provisions are intended to provide for adequate light, safety from fire and other danger, and undue concentration of populations. (Ord. 311 § 1, 1999)

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenants running with the land to which the City is a party. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control. (Ord. 311 § 1, 1999)

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

ACCESSORY USE OR BUILDINGS: Is a subordinate use or building customarily incident to and located on the same lot with the main use or building. A use customarily incident to a main use shall include, but not be limited to, a garage or shop.

AGRICULTURE: Means any facility for the growing, raising or production of agricultural, horticultural and viticultural crops and vegetable products of the soil, poultry and poultry products, livestock, field grains, seeds, hay, apiary and dairy products, and the processing for commercial purposes of livestock or agricultural commodities. Agriculture shall also include forestlands, whether being harvested or not.

ALTERATIONS: As applied to a building or structure, is a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or in the moving from one location to another.

BLOCK: Means the space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street, waterway or other similar barrier, whichever is lesser.

BUILDING: Means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.

COMMERCIAL: Means any gainful operation, profession or craft that is not included in the definition of "home occupation".

CONDITIONAL USE: Means a use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.

DAIRY: Shall mean the congregation of more than one animal unit per acre on a single parcel of ground raised for the purpose of production, sale and distribution of milk, butter or cheeses.

DAYCARE: Means a home or place in which five (5) or more children, not related by blood or marriage to the person or persons operating such center, are regularly received and provided with part-time supplemental parental care during any part of the twenty four (24) hour day when the parents are not on the premises.

DETACHED BUILDING: Means any building that is not part of the principal building.

DUPLEX: Means a dwelling consisting of two (2) dwelling units.

FARM ANIMAL: Shall mean one animal unit per acre. An "animal unit" will be defined as:

Cow - 1

Emu - 4

Goats - 2

Horse - 1

Pig - 1

Poultry - 6 (only 1 rooster)

Rabbit - 5

Sheep - 2

HOME OCCUPATION: Means any gainful operation, profession or craft which is customarily incidental to the activities normally conducted in a dwelling place and wherein the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes as further defined in section 17.04.170 of this chapter.

INDUSTRIAL, HEAVY: Shall mean any industry that has hazardous or objectionable elements such as noise, odor, dust, smoke or glare and that are operated both within enclosed structures and outside of such structures.

INDUSTRIAL, LIGHT: Shall mean any industry, which is clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures.

JUNKYARD OR SECONDHAND SALES: Shall include any property or business in which used goods are collected and/or sold for reuse even as a secondary business related to a primary business on- site. It shall consist of an outdoor space where junk, waste, discarded or salvaged material is stored or handled, including automobile wrecking yards and yards for used building materials and places or yards for storage of salvaged equipment, automobiles or machinery.

KENNEL: Shall mean any lot or premises or portion thereof, on which three (3) or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale. Animals shall not include offspring less than six (6) months of age.

LIVESTOCK CONFINEMENT OPERATION (LCO): Means any lot, corral, or facility where more than ten (10) animal units of livestock are confined (excluding young animals under 6 months of age), or stabled and fed, or maintained for a total of two hundred forty (240) days or more in any twelve (12) month period; and on which crops, vegetation, forage growth or post harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Livestock shall be considered domesticated animals, poultry, rabbits and furbearing animals. "Animal units" shall be determined as follows:

Cow - 1

Emu - 4

Goats - 2

Horse - 1

Pig - 1

Poultry - 6 (only 1 rooster)

Rabbit - 5

Sheep - 2

LOT: Means a unit of land described by metes and bounds or part of a recorded plat or subdivision so recorded for transfer of ownership.

LOT COVERAGE: Means the area of a lot occupied by the principal building or buildings and accessory buildings.

LOT LINE: Means the boundary property line encompassing a lot. The front lot line is the boundary line, which abuts a public street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a sideline in common with another lot.

MANUFACTURED HOME: Means a structure, constructed according to the HUD/FHA Mobile Home Construction and Safety Standards established July 1, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC 5401 et seq.

MOBILE HOME: Means a structure similar to a manufactured home, but built to a State Mobile Home Code which existed prior to the Federal Manufactured Housing and Safety Standards Act, July 1, 1976, (HUD Code).

MULTI-FAMILY DWELLING: Means a dwelling consisting of three (3) or more dwelling units including apartment houses, townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrial units.

NONCONFORMING BUILDING: Means a building, structure, or portion thereof which does not conform to the regulations of this chapter applicable to the zone or district in which such building is situated, but which existed prior to and was in compliance with the existing regulations as of the effective date hereof.

NONCONFORMING USE: Means a use of premises which does not conform to the regulations of this chapter, but which was in existence and was in conformance with the existing regulations at the effective date hereof.

PARKING SPACE: Means usable space within a public or private parking area or building, not less than one hundred eighty (180) square feet, (9 feet by 20 feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.

PASSIVE RECREATION: Means nonmotorized recreation.

RECREATIONAL VEHICLE OR TRAVEL TRAILER: Means a vehicular type unit designed as temporary dwelling for recreational, camping or travel use which is either self-propelled, self-contained, or mounted on or drawn by another vehicle; including all recreational vehicles, camping trailers, truck campers, and motor homes. A recreational vehicle cannot be placed more than six (6) months within a recreational vehicle park.

SETBACK AREA: Means the space on a lot required to be left open and unoccupied by structures, either by the front, side or rear yard requirements of this chapter, or be delineated on a recorded subdivision map. The setback does not include cornices, canopies, eaves or other projections which do not increase the column of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two feet (2').

SIGN: Means any structure or natural object, such as tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.

SINGLE-FAMILY DWELLING: Means a dwelling unit with a minimum of nine hundred eighty (980) square feet.

STREET: Means a public right-of-way, which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by the Council. The term "street" includes the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place and other such terms.

STRUCTURE: Means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner and does not include sidewalks or driveways.

VARIANCE: Is a modification of the strict terms of the relevant regulations where such modifications will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. A variance is a modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size, shape or year of a structure or the placement of the structure upon lots, or the size of lots.

WRECKING YARD: Means any area used for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials, or for the collection, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.

YARD: Means an open space on the same lot with a principal building or group of buildings, which is unoccupied and unconstricted from its lowest level upward, except as otherwise permitted in this chapter and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.

ZONING MAP: Means the map incorporated into this chapter designating the use district zones. (Ord. 385, 2019: Ord. 374, 2016: Ord. 325 § 5, 2003: Ord. 311 § 1, 1999)

   A.   Use Districts Established: For the purposes of this chapter the City is hereby divided into use districts as hereinafter provided:

      1.   TA Transitional Agricultural Zone.

      2.   R-1 Residential Zone.

      3.   M-1 Multi-Family Zone.

      4.   M-2 Multi-Family Zone (including manufactured home parks).

      5.   C Commercial Zone.

      6.   I Industrial Zone.

      7.   CC Areas of Critical Concern.

      8.   FP Floodplain Overlay Zone.

   B.   Maps And Boundaries: The boundaries of the use districts are hereby established as shown on a map entitled the Zoning Map of the City of Deary and the legal description of all zones. Said Map and legal descriptions are attached hereto and incorporated herein and designated as section 17.04.270, exhibit 1 of this chapter.

   C.   District Boundaries: As much as possible zoning district boundaries shall fall at the back property line so that like uses will be facing each other.

   D.   Zoning Across Lot Lines: If a lot, which was platted or recorded prior to the adoption date hereof, is split by two (2) different zones, the lot shall be considered, in whole, zoned to that use in which a majority of the lot is zoned. (Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of this Transitional Agricultural Zone or District is to provide for and protect residential lands, conveniently located, in relation to urban centers, of substantial size for families who desire a single- family residential environment in an area transitionary from agricultural uses and to provide for gardening and family recreation opportunities, the keeping of a limited number of livestock and poultry and similar endeavors. The minimum lot size and building locations in this zone must be such that water and sewer facilities and the place and locations for them can be easily provided on an individual basis on each lot, without affecting surrounding properties adversely. The following designated uses shall be permitted:

Accessory uses to the agricultural or residential use.

Animals, one farm animal unit per acre.

Home occupations meeting the requirements of subsection 17.04.170A11 of this chapter.

Single-family dwelling as regulated in the R-1 Zone with the exception that the minimum lot size for such use shall be one acre.

   B.   Uses Requiring Conditional Use Permits: The Planning and Zoning Commission may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The commission shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment:

Athletic fields.

Indoor recreational facility.

Livestock confinement operations.

Private amusement park, ballpark, racetrack, or similar uses.

Swimming pools (commercial and public).

Any other uses not specifically mentioned but of a significantly similar nature may be considered for a conditional use application after review and approval of the City.

   C.   Building Standards: In this zone, no building or premises shall be hereafter erected or altered (unless otherwise provided in this chapter) except for one or more of the designated or permitted uses in accordance with the following standards:

      1.   Lot Size: The lot per dwelling units shall not be less than one acre.

      2.   Front Yard: No building shall be constructed nearer than thirty feet (30') from the front lot line.

      3.   Rear Yard: No dwelling shall be constructed nearer than fifteen feet (15') from the rear lot line.

      4.   Side Yard: No building shall be erected closer than fifteen feet (15') to any side property line, except corner lots shall maintain a thirty foot (30') side yard adjacent to the street which intersects the street upon which the building fronts.

      5.   Clear View Of Intersecting Streets: In all zones which require a front yard, no obstruction to view in excess of three feet (3') in height or under ten feet (10') in height shall be placed on any corner lot within triangular area, from the street property line. (Ord. 374, 2016: Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of the R-1 Zone is to have land area set aside by zoning procedures and in accordance with the Comprehensive Plan to preserve and enhance single-family living areas. The following designated uses shall be permitted:

Churches or parish halls.

Home occupations meeting requirements of subsection 17.04.170A11 of this chapter.

Single-family dwellings, including manufactured homes under conditions required in title 15 of this Code.

   B.   Uses Requiring Conditional Use Permits: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment.

Daycare facilities.

Duplex dwellings.

Farm animals, one animal unit per full acre, if deemed appropriate by the City Council, when maintained in buildings or enclosures.

More than one permanent residence on a platted or recorded lot.

Public facilities such as schools, City infrastructure, parks and playgrounds, utility facilities.

Temporary housing for the purposes of residence while a home is being constructed, not to exceed one year.

Any other uses not specifically mentioned but of a significantly similar nature may be considered for a conditional use application after review and approval of the City.

   C.   Building Standards: In this zone, no building or premises shall be hereafter erected or altered (unless otherwise provided in this chapter) except for one or more of the designated or permitted uses in accordance with the following standards:

      1.   Lot Size: The lot per dwelling unit and for all primary uses in an R-1 Zone shall be dependent on City water supply and sewer system.

      2.   Minimum Lot Size And Minimum Size Of Dwelling: The minimum lot size in an R-1 Zone shall be four thousand (4,000) square feet and a single-family dwelling shall have a minimum of nine hundred eighty (980) square feet.

      3.   Front Yard: No building shall be constructed nearer than fifteen feet (15') from the front lot line.

      4.   Rear Yard: No dwelling shall be constructed nearer than ten feet (10') from the rear lot line except that when a lot line is adjacent to an alley no dwelling shall be constructed nearer than fifteen feet (15') from such lot line.

      5.   Side Yard: No building shall be erected closer than ten feet (10') to any side property line, except corner lots or alleys shall maintain a fifteen foot (15') side yard adjacent to the street which intersects the street upon which the building fronts.

      6.   Clear View Of Intersecting Streets: In all zones, which require a front yard, no obstruction to view in excess of three feet (3') in height, or under ten feet (10') in height shall be placed on any corner lot within triangular area, from the street property line.

      7.   Sewage Disposal: All domestic and commercial uses must connect to City sewer when feasible.

      8.   Well Water: Well water for domestic use to be drilled and supplied only by the City.

      9.   Street Access: No lot shall be developed without access to a public street or road, built to such construction standards as set by the City. Should such street or road not be built to City standards, it shall be the responsibility of the property owner whose property is being developed to improve the street to City standards prior to building permits being issued. (Ord. 385, 2019: Ord. 374, 2016: Ord. 325 §§ 6, 7, 8, 2003: Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of the M-1 Zone is to have land area set aside by zoning procedures and in accordance with the Comprehensive Plan to preserve and enhance single-family living and multi-family living areas. The following designated uses shall be permitted:

Churches or parish halls.

Duplex units.

Home occupations meeting requirements of subsection 17.04.170A11 of this chapter.

Single-family dwellings, including manufactured homes under conditions required in title 15 of this Code.

   B.   Uses Requiring Conditional Use Permits: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment.

Daycare facilities.

Farm animals, one animal unit per full acre, if deemed appropriate by the City Council, when maintained in buildings or enclosures.

More than one permanent residence on a platted or recorded lot.

Multi-family dwellings of more than two (2) units.

Public facilities such as schools, City infrastructure, parks and playgrounds, utility facilities.

Temporary housing for the purposes of residence while a home is being constructed, not to exceed one year.

Any other uses not specifically mentioned but of a significantly similar nature may be considered for a conditional use application after review and approval of the City.

   C.   Building Standards: In this zone, no building or premises shall be hereafter erected or altered (unless otherwise provided in this chapter) except for one or more of the designated or permitted uses in accordance with the following standards:

      1.   Water And Sewer: All uses in an M-1 Zone shall be dependent on the City water supply and sewer system.

      2.   Lot Size: The lot for one dwelling unit for uses in an M-1 Zone shall not be less than seven thousand (7,000) square feet. An additional three thousand five hundred (3,500) square feet is required for each additional attached dwelling unit.

      3.   Front Yard: No building shall be constructed nearer than fifteen feet (15') from the front lot line.

      4.   Rear Yard: No dwelling shall be constructed nearer than ten feet (10') from the rear lot line except that when a lot line is adjacent to an alley no dwelling shall be constructed nearer than fifteen feet (15') from such lot line.

      5.   Side Yard: No building shall be erected closer than ten feet (10') to any side property line, except corner lots or alleys shall maintain a fifteen foot (15') side yard adjacent to the street which intersects the street upon which the building fronts.

      6.   Clear View Of Intersecting Streets: In all zones, which require a front yard, no obstruction to view in excess of three feet (3') in height, or under ten feet (10') in height shall be placed on any corner lot within triangular area, from the street property line.

      7.   Sewage Disposal: All domestic and commercial uses must connect to City sewer when feasible.

      8.   Well Water: Well water for domestic use to be drilled and supplied only by the City.

      9.   Street Access: No lot shall be developed without access to a public street or road, built to such construction standard as set by the City. Should such street or road not be built to City standards, it shall be the responsibility of the property owner whose property is being developed to improve the street to City standards prior to building permits being issued. (Ord. 385, 2019: Ord. 374, 2016: Ord. 325 §§ 7, 8, 9, 2003: Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of the M-2 Zone is to have land area set aside by zoning procedures and in accordance with the Comprehensive Plan to preserve and enhance single-family living, multi-family living areas, and allow for manufactured home park possibilities. The following designated uses shall be permitted:

Churches or parish halls.

Duplex units.

Home occupations meeting requirements of subsection 17.04.170A11 of this chapter.

Single-family dwellings, including manufactured homes under conditions required in title 15 of this Code.

   B.   Uses Requiring Conditional Use Permits: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the neighborhood from damage, hazard, nuisance or other detriment.

Daycare facilities.

Farm animals, one animal unit per full acre if deemed appropriate by the City Council, maintained in buildings or enclosures.

Manufactured home park.

More than one permanent residence on a platted or recorded lot.

Multi-family dwellings of more than two (2) units.

Public facilities such as schools, City infrastructure, parks and playgrounds, utility facilities.

Temporary housing for the purposes of residence while a home is being constructed, not to exceed one year.

Any other uses not specifically mentioned but of a significantly similar nature may be considered for a conditional use application after review and approval of the City.

   C.   Building Standards: In this zone, no building or premises shall be hereafter erected or altered (unless otherwise provided in this chapter) except for one or more of the designated or permitted uses in accordance with the following standards:

      1.   Water And Sewer; Lot Size: The lot per dwelling unit and for all uses in an M-2 Zone shall be dependent on City water supply and sewer systems. The lot for one dwelling unit for uses in an M-2 Zone shall not be less than seven thousand (7,000) square feet. An additional three thousand five hundred (3,500) square feet is required for each additional attached dwelling unit.

      2.   Front Yard: No building shall be constructed nearer than fifteen feet (15') from the front lot line.

      3.   Rear Yard: No dwelling shall be constructed nearer than ten feet (10') from the rear lot line except that when a lot line is adjacent to an alley no dwelling shall be constructed nearer than fifteen feet (15') from such lot line.

      4.   Side Yard: No building shall be erected closer than ten feet (10') to any side property line, except corner lots or alleys shall maintain a fifteen foot (15') side yard adjacent to the street which intersects the street upon which the building fronts.

      5.   Clear View Of Intersecting Streets: In all zones, which require a front yard, no obstruction to view in excess of three feet (3') in height, or under ten feet (10') in height shall be placed on any corner lot within triangular area, from the street property line.

      6.   Sewage Disposal: All domestic and commercial uses must connect to City sewer when feasible.

      7.   Well Water: Well water for domestic use to be drilled and supplied only by the City.

      8.   Street Access: No lot shall be developed without access to a public street or road, built to such construction standard as set by the City. Should such street or road not be built to City standards, it shall be the responsibility of the property owner whose property is being developed to improve the street to City standards prior to building permits being issued. (Ord. 385, 2019: Ord. 374, 2016: Ord. 325 §§ 7, 8, 10, 2003: Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of this zone is to provide for areas in the City that will fulfill the need for retail sales and professional offices. The following designated uses shall be permitted:

All commercial uses that are retail in nature or provide a service.

All uses allowed in the Residential and M-1 Zones.

Churches and parish halls.

Public facilities such as schools, City infrastructure, parks and playgrounds, utility facilities.

   B.   Uses Requiring Conditional Use Permit: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment.

Commercial kennel, animal hospital.

Recreational vehicle parks.

Secondhand sales.

Wholesale operations.

Any other uses not specifically mentioned but of a significantly similar nature may be considered for a conditional use application after review and approval of the City.

   C.   Building Standards: In this zone, no building or premises shall be hereafter erected or altered (unless otherwise provided in this chapter) except for one or more of the designated or permitted uses in accordance with the following standards:

      1.   Water And Sewer; Lot Size: The lot for all uses in a C Zone shall be dependent on the City water supply and sewer system. There shall not be a minimum lot size.

      2.   Minimum Setbacks: There shall be no minimum setback, unless the commercial use is contiguous to a residential zone or is a residential use within the C Zone. Then side and rear yard setbacks, as required by that residential zone, shall be observed on all sides of the commercial property contiguous with the residential zone and the R-1 setback requirements shall apply to a residential use within the C Zone.

      3.   Sewage Disposal: All commercial uses must connect to City sewer when feasible.

      4.   Well Water: Well water for commercial use to be drilled and supplied only by the City.

      5.   Street Access: No lot shall be developed without access to a public street or road, built to such construction standards as set by the City. Should such street or road not be built to City standards, it shall be the responsibility of the property owner whose property is being developed to improve the street to City standards prior to building permits being issued.

      6.   Clear View Of Intersecting Streets: In all zones, which require a front yard, no obstruction to view in excess of three feet (3') in height, or under ten feet (10') in height shall be placed on any corner lot within triangular area, from the street property line.

   D.   Landscaping Required: Landscaping shall be required to cover at least five percent (5%) of the parking lot areas of any commercial development in the City. This requirement shall apply to all new commercial development after the effective date hereof, and to any remodel of a commercial facility should it be determined that more than fifty percent (50%) of the facility is being remodeled or expanded. The Council shall review and approve all landscaping plans. A buffer is required when a commercial use is contiguous to a residential zone or to a residential use within the C Zone. (Ord. 385, 2019: Ord. 374, 2016: Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of the Industrial Zone is to provide areas by zoning procedures and in accordance with the Comprehensive Plan, which encourage suitable areas in which industrial uses may locate. The following designated uses shall be permitted:

All uses allowed in R-1, M-1, and Commercial Zones.

All light industrial uses including manufacturing plants, processing plants and related uses.

Public facilities.

Wholesale commercial businesses.

   B.   Uses Requiring Conditional Use Permit: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment.

Airport.

All heavy industrial uses.

Broadcasting tower for radio or television.

Junkyards, wrecking yards.

Landfills, recycling centers, incinerators, compost operators, and other solid waste facilities.

Religious facilities.

Any other uses not specifically mentioned but of a significantly similar nature may be considered for a conditional use application after review and approval of the City.

   C.   Building Standards: In this zone, no building or premises shall be hereafter erected or altered (unless otherwise provided in this chapter) except for one or more of the designated or permitted uses in accordance with the following standards:

      1.   Water And Sewer; Lot Size: The lot for all uses in an I Zone shall be dependent on the City water supply and sewer system. There shall not be a minimum lot size.

      2.   Minimum Setbacks: There shall be no minimum setback, unless the industrial use is contiguous to a residential zone or is a residential use within the I Zone. Then side and rear yard setbacks, as required by that residential zone, shall be observed on all sides of the industrial property contiguous with the residential zone and the R-1 setback requirements shall apply to a residential use within the I Zone.

      3.   Water Supply/Sewage Disposal: Prior to building permits being issued an industrial user shall satisfy the City that their activities will not burden the City water supply and provide for the proper treatment of discharge water in a manner to eliminate adverse effects upon the City sewer system and the environment.

      4.   Street Access: No lot shall be developed without access to a public street or road, built to such construction standards as set by the City. Should such street or road not be built to City standards, it shall be the responsibility of the property owner whose property is being developed to improve the street to City standards prior to building permits being issued.

      5.   Clear View Of Intersecting Streets: In all zones, which require a front yard, no obstruction to view in excess of three feet (3') in height, or under ten feet (10') in height shall be placed on any corner lot within triangular area, from the street property line.

   D.   Landscaping Required: Landscaping shall be required to cover at least five percent (5%) of the parking lot areas of any industrial development in the City. This requirement shall apply to all new industrial development after the effective date hereof, and to any remodel of an industrial facility should it be determined that more than fifty percent (50%) of the facility is being remodeled or expanded. The Council shall review and approve all landscaping plans. Buffer is required when an industrial use is contiguous to a residential zone or to a residential use within the I Zone. (Ord. 385, 2019: Ord. 374, 2016: Ord. 311 § 1, 1999)

   A.   Purpose; Permitted Uses: The purpose of the CC Zone is to designate special areas within the community. These are unique natural resource areas that must be protected from incompatible development and harmful impacts. The following designated uses shall be permitted:

Open space.

Passive recreation activities.

   B.   Uses Requiring Conditional Use Permit: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City shall have the authority to impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment.

      1.   Any request for development of any kind within this zone may be required by the City Council to include an environmental study addressing the impact of such development on any of the following:

         a.   Unstable soils;

         b.   Unique animal, wildlife, and plant-like habitat;

         c.   Particular or unique scenic value;

         d.   Historical significance;

         e.   Floodplains;

         f.   Other factors as may be determined by the Council to be unique or of critical concern. (Ord. 311 § 1, 1999)

   A.   Purpose: It is the purpose of this zone to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:

      1.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

      2.   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      3.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

      4.   Controlling filling, grading, dredging; and

      5.   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

   B.   Applicability: This Overlay Zone shall apply to all areas of special flood hazards within the jurisdiction of the City. All developments within this Overlay Zone shall adhere to title 14 of this Code. (Ord. 311 § 1, 1999)

Any development or portion thereof having an average slope of fifteen percent (15%) or more.

   A.   It shall be the purpose of these regulations to provide for the development of hillside and foothill areas in a manner that will protect life and property from hazards due to slope, erodible soils, unstable soils, earth movement and other geologic and hydrologic hazards.

It shall also be the intent of these regulations to promote the following:

      1.   To use the fullest current understanding of good civic design, landscape architecture, architecture and civil engineering to preserve, enhance and/or promote the existing and future appearance and resources of hillside areas.

      2.   To preserve or enhance the beauty of the landscape by encouraging the maximum retention of natural topographic features, such as drainage swales, streams, slopes, ridge lines/tops, rock outcrops, vistas and natural plant formations.

      3.   To promote a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas while at the same time minimizing the scarring effects of hillside street construction. Roads shall follow natural topography wherever possible to minimize cutting and grading; and

      4.   Imaginative and innovative building techniques should be encouraged to create buildings suited to natural hillside surroundings.

      5.   Enhancement of neighborhood character.

   B.   Any request for development of any kind within a hillside area must include an assessment addressing the impact of such development on surrounding properties and on City services. Such assessment must be submitted at the time an application is presented to the City for development and be approved by the City Engineer and City Council. (Ord. 311 § 1, 1999)

   A.   Application; Filing; Contents: An application for conditional use permit shall be filed with the City Clerk by at least one owner of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

      1.   Name, address and phone number of applicant;

      2.   Legal description of property (with street address, if possible);

      3.   Description of existing use;

      4.   Zoning district;

      5.   Description of proposed conditional use;

      6.   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed conditional use meets the intent and requirements of this chapter;

      7.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.

The City reserves the right to request more information.

   B.   General Standards Applicable To Conditional Uses: The commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location will:

      1.   In fact, constitute a conditional use as established in this chapter for the zone involved;

      2.   Be harmonious with and in accordance with the general objectives or with any specific objectives of the Comprehensive Plan and/or this Zoning Ordinance;

      3.   Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

      4.   Not be hazardous or disturbing to existing or future neighboring uses;

      5.   Be served adequately by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewer and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

      6.   Not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

      7.   Not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

      8.   Have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

      9.   Not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

   C.   Supplementary Conditions And Safeguards May Be Required: In granting any conditional use, the commission may prescribe appropriate conditions, bonds and safeguards in conformity with this chapter. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter and shall be a basis for the revocation of the conditional use permit by the City.

   D.   Public Hearing Required; Notice Of Time And Place: Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held before the commission. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio or television stations serving in the jurisdiction for use as a public service announcement. Notice of the hearing shall also be provided by the applicant by regular mail to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed conditional use as determined by the commission. Property owners or residents who reside outside the postal service zip code mailing limits of the City, and who, the commission determines, may be impacted by the proposal change, shall be given notice of the public hearing by certified mail. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears at least ten (10) days prior to the public hearing.

   E.   Commission Action:

      1.   Within forty five (45) days after the public hearing, the commission shall recommend to the Council approval, conditional approval, or disapproval of the application for conditional use permit as presented. If the application is recommended to be approved or approved with modifications, the commission shall direct the City to transmit its recommendation to the Council listing the specific conditions specified by the commission for approval.

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

         a.   Minimizing adverse impact on other developments;

         b.   Controlling the sequence and time of development;

         c.   Controlling the duration of development;

         d.   Assuring that development is maintained properly;

         e.   Designating the exact location and nature of development;

         f.   Requiring the provisions for on-site or off-site public facilities or services;

         g.   Requiring more restrictive standards than those generally required in an ordinance.

      3.   Prior to granting a conditional use permit, the commission may request studies from the applicant or public agencies concerning social, economic, fiscal and environmental effects of the proposed conditional use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another.

      4.   The commission shall ensure that any favorable recommendations for conditional use permits are in accordance with the Comprehensive Plan and established goals and objectives.

   F.   Council Action:

      1.   Within forty five (45) days after receiving the recommendations of the commission, the Council shall approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the Council shall direct the Clerk to issue a conditional use permit listing the specific conditions specified by the Council for approval.

      2.   Upon granting or denying an application the Council shall specify:

         a.   The ordinance and standards used in evaluating the application;

         b.   The reasons for approval or denial;

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

   G.   Applicant Notification: Within ten (10) days after a decision has been rendered, the Clerk shall provide the applicant with written notice of the action on the request. (Ord. 311 § 1, 1999)

   A.   The purpose of these performance standards is to set specific conditions for various uses, and classification of uses in areas where problems are frequently encountered. In addition to all other regulations specified in this chapter, the following provisions shall be adhered to:

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

         a.   The yard dimensions will meet the yard dimensions required by the zoning regulations for new structures in that zone;

         b.   The lot area per unit equals the lot area requirements for new structures in that zone;

         c.   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that zone.

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

      2.   Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may only be permitted by conditional use permit in any zone during the period construction work is in progress for a period not to exceed one year, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project or after one year shall require an extension authorized by the City.

      3.   Parking And Storage Of Certain Vehicles: Not more than one inoperable or one unregistered vehicle of any kind or type shall be parked or stored on any residential property other than in a completely enclosed building or a licensed wrecking yard.

      4.   Provisions For Commercial And Industrial Uses: No land or building in any zone shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements within this chapter:

         a.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials, including hazardous materials shall be protected by adequate firefighting and fire protection equipment and by such safety devices as are normally used in the handling of any such material as determined by the State Fire Marshal. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the Uniform Fire Code and the National Safety Foundation publications.

         b.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point. No electrical disturbance shall adversely affect the operation of any equipment at any point other than that of the creator of such disturbance.

         c.   Noise: Objectionable noise that 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, as are noises attendant to ordinary agricultural/forestry operations.

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

         e.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Central District Health, or the State.

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

         g.   Erosion: No erosion, caused by human instrumentalities, shall be permitted which will carry objectionable substances onto neighboring properties.

         h.   Enforcement Provisions: The City, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

         i.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures by the North Central District Health Department.

      5.   Accessory Building:

         a.   Will not be located in any required front yard area.

         b.   Must comply with the standard front, rear and side yard setbacks under each zoning designation, regardless of the size of the building or structure and regardless of whether the building or structure is temporary or permanent.

      6.   Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300') from R-1, M-1, M-2, and TA Zones and three hundred feet (300') from any residence, motels, and hotels, except for an owner's residence. The City may modify these requirements if the animals are housed in soundproof structures that screen them from view of the abutting residential property.

      7.   Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:

         a.   Will be erected only in accordance with Federal, State, and County requirements.

         b.   Will have suitable loading and unloading spaces and off street parking facilities meeting the approval of the Deary Rural Fire District.

      8.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved in accordance with the State Fire Marshal.

      9.   Drive-In Restaurant:

         a.   Will be enclosed within the property lines with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.

         b.   Will have a six foot (6') high, sight-obscuring fence along the property lines that adjoin a residence.

         c.   Will provide for adequate trash receptacles; and

         d.   Will avoid the directing of night-lighting past the property lines.

      10.   Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activities:

         a.   Will take place in such a manner as to result in the smallest amount of bare ground exposed for the shortest time feasible.

         b.   Will provide temporary ground cover, such as mulch.

         c.   Will use diversions, silting basins, terraces and other methods to trap sediment.

         d.   Will provide lagooning in such a manner as to avoid creation of fish trap conditions.

         e.   Will not result in damage to a floodway, channel or natural drainageway.

         f.   Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.

         g.   Will restore topsoil or loam to a depth of not less than four inches (4").

      11.   Home Occupations:

         a.   In-Home Occupations:

            (1)   No more than one person other than members of the family residing on the premises shall be engaged in such occupation.

            (2)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than fifty percent (50%) of the floor area of the dwelling unit shall be used in the conducting of the home occupation. The home occupation may take place in an accessory building meeting all other City regulations and the further regulations of this section.

            (3)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign not exceeding two (2) square feet in area, indirectly illuminated and mounted flat against the wall of the principal or accessory building.

            (4)   No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter, and shall not be located in a required front yard.

            (5)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or in an accessory building. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or caused fluctuations in line voltage off the premises.

         b.   Off-Premises Home Occupations:

            (1)   No more than five (5) people other than members of the family residing on the premises shall be engaged in such occupation. All vehicles of employees shall be parked off the street and not within the front yard area.

            (2)   The use of the dwelling unit for the off-premises home occupation office shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than fifty percent (50%) of the floor area of the dwelling unit shall be used in the conducting of the home occupation. The home occupation may take place in an accessory building meeting all other City regulations and the further regulations of this section.

            (3)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, indirectly illuminated and mounted flat against the wall of the principal or accessory building.

            (4)   No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter, and shall not be located in a required front yard. Equipment needed for the off- premises home occupation shall be stored in a fenced yard area and not parked on the street or in the front yard area.

            (5)   No equipment or process shall be used or conducted on premises with the exception of normal maintenance.

      12.   Wrecking Yard:

         a.   A sight-obscuring fence meeting the terms of this chapter shall be constructed parallel to and ten feet (10') back from the right-of-way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard, and shall be constructed within one year from the effective date hereof.

         b.   Materials used and details of construction must be approved by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be guided by the need to preserve and protect the scenic and aesthetic values of the surrounding area, and to protect property value.

         c.   Will not store automobile, junk or salvage material that is visible from any other property within one thousand feet (1,000').

         d.   Will not store automobiles or junk in a manner that exceeds the height of fence.

         e.   Will have such landscaping that is appropriate with the surrounding area.

         f.   No such permit shall be granted in the R-1, M-1, M-2, and TA Zones.

      13.   Landfills, Recycling Centers, Incinerators, Compost Operators, And Other Solid Waste Disposal Facilities: The Planning Commission may grant a conditional use permit for the construction of a landfill, recycling center, incinerator, commercial composting operation, liquid wasteland farm, or any other type of solid waste disposal or recycling operation subject to the following conditions:

         a.   No such permit shall be granted in the R-1, M-1, M-2, and TA Zones.

         b.   Such operation shall obtain a permit from the Board of County Commissioners pursuant to the terms of the County Solid Waste Regulations.

         c.   Such operation shall be required to establish to the commission's satisfaction that they intend to and are financially capable of complying with all State, Federal, and local laws, ordinances, and regulations governing the conduct of such operations.

         d.   Such operation shall be required to plan for, install and maintain such safeguards and measures as the commission shall require to ensure that groundwater quality and air quality are preserved, and environmental hazards and nuisance and unsightly areas are not created by the operation.

         e.   Such operations that involve the landfilling of solid waste shall be required to install a composite liner system and a leachate collection system.

      14.   Firearm Usage: Use of firearms within the City shall be restricted in accordance with this Code.

      15.   Manufactured Home Park/Mobile Home Park: Manufactured home parks and mobile home parks shall be allowed by conditional use permit in designated zones, but only when such parks are constructed and maintained in accordance with the following standards and conditions:

         a.   The park has been approved by the City prior to the issuance of a permit.

         b.   The park shall contain at least two (2) acres, and at least one side of the park shall abut upon a public street.

         c.   All spaces shall be connected to the City water and sewer systems.

         d.   All of the spaces shall be not less than five thousand (5,000) square feet in area. Said minimum area shall include off-street parking areas for the spaces as required by this Code.

         e.   Each space shall have a minimum frontage width of forty feet (40') facing on a roadway.

         f.   Yard areas shall be required in accordance with the following:

            (1)   A side yard of ten feet (10') shall be required on each space adjacent to any roadway or off-street parking area.

            (2)   A side yard of ten feet (10') shall be required on each space adjacent to any exterior boundary of the park.

            (3)   A side yard of ten feet (10') shall be required on each space adjacent to any other space.

         g.   The boundaries of each space shall be clearly, distinctly and permanently outlined.

         h.   In no event shall the occupied area of a space exceed fifty percent (50%) of the total space. The area shall be deemed to be occupied when covered, or occupied by a manufactured home or mobile home or any other stored vehicle or structure, or combination thereof.

         i.   The park shall be completely surrounded by a fence, not less than six feet (6') in height, or a twenty foot (20') wide landscaped strip of lawn and shrubs except at point of ingress and egress from public streets.

         j.   Trees, shrubs, grass, or other forms of landscaping shall be provided in sufficient quantities to ensure a residential-like appearance.

         k.   Off-street parking shall be provided in accordance with the terms of this Code.

         l.   The layout of the park shall be so designed that it can be coordinated with a residential neighborhood street system in the event such park is discontinued.

         m.   Roads that are three hundred feet (300') or longer are to be stubbed to the perimeter of all sides of the park. The maximum distances between streets to the perimeter are not to exceed one thousand feet (1,000'). There must be two (2) roads of entrance or exit from each park.

         n.   Road right-of-ways shall be a minimum of fifty feet (50') wide, to allow forty feet (40') to be street and five feet (5') on each side to be a walkway. All driveways and walkways shall be hard-surfaced and driveways shall be lighted at night with electric lamps of not less than twenty five (25) lumen, or some equal light, spaced at intervals of not more than one hundred feet (100') on the roadway.

         o.   The owner or operator of a park shall maintain the entire park in a neat and orderly manner. All installations and common areas required by this chapter shall be maintained in a good state of repair.

         p.   Points of ingress and egress shall be located and designed so as to provide safe and convenient access to and from the park and to eliminate congestion.

         q.   A swimming pool is optional, but when constructed, such pools must comply with the requirements of the Health District and shall be surrounded by a fence or wall six feet (6') high with self-latching gates that will prevent small children from entering the pool area when unattended by adults. A conditional use shall be required for a swimming pool.

         r.   The construction, layout, and operation of the park must be such that in the opinion of the City, property values in the surrounding area and the objectives and characteristics of the zone in which the park is located will be fully maintained.

         s.   For every five (5) spaces in a manufactured home park/mobile home park, one space may be occupied by one recreational vehicle or travel trailer for a maximum of one hundred eighty (180) consecutive days.

         t.   In order to occupy a space in a manufactured home park/mobile home park, a recreational vehicle must have toilet facilities and a shower facility within the recreational vehicle.

         u.   The authority of the owner of a manufactured home park/mobile home park to allow the parking of recreational vehicles or travel trailers in that park shall be allowed only by conditional use permit specifically authorizing such parking and such authority shall be personal to that owner and shall not be transferable or assignable to any subsequent owner.

      16.   Recreational Vehicle Parks: Recreational vehicle parks shall be allowed by conditional use permit in designated zones but only when such parks are constructed and maintained in accordance with the following standards and conditions:

         a.   The park has been approved by the City prior to the issuance of a permit.

         b.   At least one side of the park shall abut on a public street.

         c.   All spaces shall be connected to the City water and sewer systems.

         d.   Each space shall be at least twenty five feet (25') wide and fifty feet (50') long and shall include off street parking spaces as required by the Standards Code.

         e.   The maximum length of stay in a recreational vehicle park shall be one hundred eighty (180) days.

         f.   The boundaries of each space shall be clearly, distinctly and permanently outlined.

         g.   The recreational vehicle park shall be completely surrounded by a fence, not less than six feet (6') in height or a twenty foot (20') wide landscaped strip of lawn and shrubs except at points of ingress and egress from public streets.

         h.   Trees, shrubs and lawns and other forms of landscaping shall be installed and maintained in sufficient quantities to ensure a pleasant appearance.

         i.   Off street parking shall be provided in accordance with the Standards Code.

         j.   A common open space shall be provided in a ratio of one hundred (100) square feet per trailed space. The common space shall be landscaped and maintained for common use of the park occupants and the minor axis of the common area shall not be less than one-third (1/3) of the length of the major axis.

         k.   Parks shall require septic hookup, self-contained units or provide restroom facilities.

         l.   All spaces shall abut upon a roadway not less than twenty four feet (24') in width which shall have unobstructed access to a public street or highway. Dead end roadways shall provide adequate vehicle turning space or cul-de-sac with not less than forty feet (40') radius exclusive of parking.

         m.   All spaces shall be provided with one frost proof exterior culinary water supply.

         n.   All roadways and walks within a recreational vehicle park shall be all weather surfaced, maintained and adequately lighted. A minimum of two-tenths (0.2) foot-candle of light is required for protective lighting the full length of all driveways and walkways.

         o.   An electrical outlet supply of at least one hundred ten (110) volts and at least thirty (30) amps shall be provided for each RV space.

         p.   The owner or operator of a park shall maintain the entire park in a neat and orderly manner. All installations and common areas required by this Code shall be maintained in a good state of repair.

         q.   Points of ingress and egress shall be located and designed so as to provide safe and convenient access to and from the park and to eliminate congestion.

         r.   A swimming pool is optional but when constructed, such pools must comply with the requirements of the Health District and shall be surrounded by a fence or wall six feet (6') high with self-latching gates that will prevent small children from entering the pool area when unattended by adults. A conditional use shall be required for a swimming pool.

         s.   The construction, layout and operation of the park must be such that in the opinion of the City, property values in the surrounding area and the objectives and characteristics of the zone in which the park is located will be fully maintained.

      17.   Review Of Manufactured Home Parks:

         a.   Conditions And Covenants: The City shall have the authority to require the attachment of conditions and covenants to the grant of a permit for a park, and/or may require changes to be made in the plans. All such conditions and covenants shall be binding upon the applicants, their successors and assigns, shall run with the land, shall limit and control the issuance and validity of building permits and said conditions and covenants shall also limit and control the maintenance of all land and structure within the development. Approval of the permit and the conditions and covenants imposed in the granting of said permit are declared to be inseparable, and the failure or neglect to do or carryout the conditions and covenants shall constitute a violation of this chapter.

         b.   Failure To Comply With Conditions: A violation for failure to comply with the conditions under which approval was given shall be cause for termination of the approval thereof, and shall be deemed to be a violation of this chapter.

         c.   Failure To Maintain Landscaping; Continuing Obligation: Maintenance of required landscaping is a continuing obligation. In case of failure to maintain landscaping as required by the provisions of this chapter or as specifically made applicable thereto by action of the City, such failure or neglect shall be deemed to be a violation of this chapter and shall be subject to the penalties prescribed for violations.

         d.   Application: Application for a conditional use permit for a park, shall be made to the City Clerk. The application shall be accompanied by maps, plans and explanatory material as may be required by the City to adequately present the matter to the City Council. (Ord. 374, 2016: Ord. 325 §§ 11, 12, 2003: Ord. 311 § 1, 1999)

   A.   Any use lawfully occupying a building or land at the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.

   B.   A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.

   C.   No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.

   D.   No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date hereof, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.

   E.   Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the physical structure may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided, however, that nothing in this chapter shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%); provided, that such restoration is started within one calendar year and diligently prosecuted to completion. If the building shall not be restored, demolition of the structure must be accomplished within six (6) months of the calamity (which may be extended upon permission of the City).

   F.   Whenever a nonconforming use of land or building has been discontinued for a period of one year, with the exception of nonconforming agricultural uses which must be discontinued for a period of three (3) years, such use shall not thereafter be reestablished, and the uses of the premises thereafter shall be in conformity with the regulations of the use zone.

   G.   Any building for which a building or a zoning permit has been issued or the construction of which has been otherwise authorized by the City, which is intended or designed for a nonconforming use, the construction of which has not been started as of the effective date hereof, or which has been started but not completed as of the effective date hereof, may be completed and put to such nonconforming use providing that construction of said building is completed within one year of the effective date hereof. The uses of any such building, the construction of which is not completed within said one year period, shall be in conformity with the regulations of the zone in which such building is located. (Ord. 311 § 1, 1999)

   A.   The following land use changes shall require a written application to the City Council, accompanied by fees as set by resolution of the City Council:

      1.   Changing of zoning boundaries (rezone);

      2.   Special use permit;

      3.   Variance;

      4.   Change to the Comprehensive Plan;

      5.   Vacating of streets/alleyways. (Ord. 311 § 1, 1999)

No vacant land and buildings hereafter erected or altered shall be occupied or used in whole or in part nor shall any owner or tenant of any land or building hereafter change the use classification or enlarge the use in any building or on any premises without a certificate of occupancy from the building official. Reference should be made to the applicable code concerning building, electrical and plumbing permit processes. (Ord. 311 § 1, 1999)

   A.   No lot shall be developed without proper access to a public street. Should such street not be improved, it shall be the responsibility of the owner of the property being developed to improve the street to City standards as delineated in the Deary Subdivision Code and such other standards as may be set by the City.

A private road will be allowed for access under the following conditions:

      1.   Must have a recorded, permanent perpetual easement and a recorded maintenance agreement signed by all those served.

      2.   Must exist entirely upon private property and not make use of public right-of-way.

      3.   Must be constructed with six inch (6") gravel base and leveling course, graded and compacted with a twelve foot (12') wide all-weather driving surface.

      4.   Must be constructed with a turnaround of sixty feet (60') for emergency equipment if longer than one hundred fifty feet (150').

      5.   Must be extended to within one hundred fifty feet (150') of the most distant corner of all inhabited buildings. (Ord. 311 § 1, 1999)

Off-street parking for all new development will be required at levels delineated on the "Off-Street Parking Schedule", which is attached hereto and incorporated herein and designated as section 17.04.270, exhibit 2 of this chapter. (Ord. 311 § 1, 1999)

   A.   Upon Annexation Of Unincorporated Area: Prior to annexation of an unincorporated area, the City Council shall review proposed Comprehensive Plan and zoning ordinance changes for the unincorporated area. The Council shall follow the notice and hearing procedures provided in section 67-6509, Idaho Code. Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the zoning ordinance. (Ord. 311 § 1, 1999)

   A.   Upon receipt of any application specified in section 17.04.190 of this chapter, the City Council may determine to hold a public hearing and in that event shall follow the notification and public hearing requirements specified in title 67, Idaho Code. The property owner must sign all applications in question. It shall be the applicant's responsibility to collect and turn into the City as part of his/her application the names and addresses of all property owners within three hundred feet (300') of the property (excluding streets and alleys) if such notification is required. The applicant shall reimburse the City any notification costs.

   B.   Applications for variances to this Code shall be considered when they are not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in an unnecessary hardship because of the physical characteristics of the site. A variance shall not be considered a right or privilege and will only be granted to the applicant if hardship is proven and it is not in conflict with the public interest.

The applicant shall be required to provide proof of the following in their application:

      1.   What physical characteristic of the site exists to cause a hardship?

      2.   What hardship has been caused and why does it impose undue burdens upon the property owner?

      3.   Evidence that the owner, or previous owners, through their own actions did not cause the hardship. (Ord. 311 § 1, 1999)

Violation of any of the provisions of this chapter or failure to comply with any if its requirements shall constitute a misdemeanor. Any person, firm or corporation violating any of the provisions of this chapter or failing to comply with any of its requirements, upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned in the County Jail not more than six (6) months, or both such fine and imprisonment. Each day that such violation or failure to comply continues shall be deemed a separate offense. Nothing herein contained shall prevent the Council or any other public official or private citizen from taking such lawful action as is necessary to restrain, abate or prevent any violation of, or failure to comply with, any provision of this chapter. Any person who attempts to violate any of the provisions of this chapter or attempts to fail to comply with any of its requirements, but fails, or is prevented or intercepted in the perpetration thereof is punishable by a fine of not more than two hundred fifty dollars ($250.00) or imprisonment in the County Jail of not more than three (3) months or by both such fine and imprisonment. (Ord. 311 § 1, 1999)

   A.   This chapter shall be administered and enforced by a Planning and Zoning Commission consisting of seven (7) members to be appointed by the Mayor and confirmed by majority vote of the City Council.

   B.   The term of office for members shall be four (4) years unless such members earlier resign or are removed for cause.

   C.   The said Planning and Zoning Commission shall have the duties, powers, and obligations as set forth in the laws of the State, this Code and as promulgated by resolution of the City Council. (Ord. 311 § 1, 1999)

   EXHIBIT 1

   ZONING MAP AND LEGAL DESCRIPTIONS

All of the Deary City Limits described as follows:

Beginning at the northeast corner of the SW1/4 of the SE1/4 of section 14, T40N, R2W, BM; Thence South 160 rods to the southeast corner of the NW1/4 of the NE1/4 of section 23; Thence West 80 rods to the southeast corner of the NE1/4 of the NW1/4 of section 23; Thence South 80 rods to the southeast corner of the SE1/4 of the NW1/4 of section 23; Thence West 160 rods to the southwest corner of the SW1/4 of the NW1/4 of section 23; Thence North 80 rods to the northwest corner of the SW1/4 of the NW1/4 of section 23; Thence West 80 rods to the southwest corner of the NE1/4 of the NE1/4 of section 22; Thence North 80 rods to the northwest corner of the NE1/4 of the NE1/4 of section 22; Thence East 40 rods on the south line of the SE1/4 of the SE1/4 of section 15; Thence due north 80 rods to a point on the north line of the SE1/4 of the SE1/4 of section 15; Thence East 40 rods to the northeast corner of the SE1/4 of the SE1/4 of section 15; Thence East along the south line of the NW1/4 of the SW1/4 of section 14 a distance of 366.63 feet; Thence North 01°36'36" West 635.92 feet; Thence North 88°23'24" East 161.61 feet; Thence South 01°36'36" East 147.50 feet; Thence South 88°23'24" West 121.11 feet; Thence South 01°36'36" East 488.42 feet to the south line of the NW1/4 of the SW1/4 of section 14; Thence East along the north line of the Deary Home & Orchard Tracts to the Point of Beginning.

Excepting therefrom the following Zone boundaries:

Beginning at the northwest corner of Lot 4, Block 5, Deary Home and Orchard Tracts; Thence South along the west line of lot 4 to the north line of lot 6, block 5; Thence East along the north line of lots 5 & 6 to a point 35 feet east of the northeast corner of lot 5; Thence South parallel with the east line of lot 5 to the centerline of Terrace Avenue; Thence West to the centerline intersection of Terrace Avenue and Line Street; Thence South to the centerline intersection of Line Street and the Railroad right of way; Thence Northwesterly to the intersection of the railroad centerline and the west line of the Deary City Limits; Thence North to a point on the north line of the SE1/4 of the SE1/4 of section 15 said point being 280 rods west of the northeast corner of the SW1/4 of the SE1/4 of section 14, T40N, R2W, BM; Thence East to the Point of Beginning.

Also: Beginning at the centerline intersection of the railroad right of way and Main Street; Thence North to the centerline intersection of Main Street and Fifth Avenue; Thence East to the intersection of the Fifth Avenue centerline and the west right of way line of Wyoming Street; Thence South along Wyoming Street to the centerline of the railroad right of way; Thence Northwesterly to the Point of Beginning.

Also: Beginning at the southwest corner of the NE1/4 of the NE1/4 of section 22; Thence North along the west line of the NE1/4 of the NE1/4 to the south line of State Highway 8; Thence Easterly along Highway 8 to the intersection of the south line of said highway with the centerline of Washington Street; Thence South 240 feet; Thence West 137.5 feet; Thence South 40 feet; Thence West 125 feet to the west line of lot 1, Block 9, Deary Home & Orchard Tracts; Thence South to the south line of the NE1/4 of the NE1/4 of section 22; Thence West to the Point of Beginning.

Also: Beginning at a point in the west line of lot 1, Block 13, Deary Home & Orchard Tracts which is 631.3 feet north of the southwest corner of said lot 1; Thence West 336 feet to the west line of lot 2, block 13, Deary Home & Orchard Tracts; Thence North to the northeast corner of lot 5, block 13; Thence West 181.3 feet to the extended centerline of South Street; Thence North to the centerline intersection of South Street and First Avenue; Thence East to a point on the centerline of First Avenue which is 120 feet westerly of the northeast corner of the SE1/4 of the NW1/4 of section 23 as measured parallel to the north line of lot 1, block 13; Thence South to Pine Creek; Thence Southwesterly along Pine Creek to the west line of lot 1; Thence South to the Point of Beginning.

Beginning at the northwest corner of the NE1/4 of the NE1/4 of section 22, T40N, R2W, BM; Thence East 440 feet to the east line of lot 4, block 8, Deary Home & Orchard Tracts; Thence South 613 feet; Thence West 60 feet; Thence South 188 feet to the north line of State Highway 8 right of way; Thence West to the intersection of the said north right of way line and the south line of lot 4, block 8; Thence West to the southwest corner of lot 4, block 8; Thence North to the Point of Beginning.

Also: Beginning at the southwest corner of lot 5, block 10, Deary Home & Orchard Tracts; Thence north to the northwest corner of lot 5; Thence East to the northeast corner of lot 5; Thence South to the intersection with the north line of South Main Street; Thence southeasterly perpendicular to South Main Street, 20 feet to the centerline of said street; Thence southwesterly along said street to the south line of the SW1/4 of the NW1/4 of section 23; Thence West to the Point of Beginning.

Also: Beginning at the southeast corner of the SE1/4 of the NW1/4 of section 23, T40N, R2W, BM; Thence North to the northeast corner of the SE1/4 of the NW1/4 of section 23 and the centerline of First Avenue; Thence West along First Avenue 120 feet; Thence South to Pine Creek; Thence Southwesterly along Pine Creek to the west line of lot 1, block 13, Deary Home & Orchard Tracts; Thence South to a point which is 631.3 feet north of the southwest corner of said lot 1; Thence West 336 feet to the west line of lot 2, block 13; Thence North to the northeast corner of lot 5, block 13; Thence West to a point on the north line of lot 5, which is 200 feet northeasterly measured perpendicular to the east line of State Highway 3; Thence Southeasterly parallel with and 200 feet easterly of said highway to the intersection with the south line of the SE1/4 of the NW1/4 of section 23; Thence East to the Point of Beginning.

Also: Beginning at the northeast corner of the SW1/4 of the SE1/4 of section 14, T40N, R2W, BM; Thence West to the intersection of the Nevada Street centerline and the north line of the SE1/4 of the SW1/4 of section 14; Thence South to the intersection of the extended Nevada Street centerline with the north line of lot 6, block 2, Deary Home & Orchard Tracts; Thence East along the north lines of lots 4, 5 & 6, block 2 to the west line of lot 10 of O'Reilly's Addition to Deary; Thence North to the northwest corner of lot 1 of the O'Reilly's Addition; Thence East along the north line of lot 1 of the O'Reilly's Addition and the prolongation thereof to a point 150 feet east of the west line of lot 4, block 1, Deary Home & Orchard Tracts; Thence South parallel with the west line of lot 4 to a point 150 feet north of the south line of lot 4; Thence East parallel with the south lines of lots 1, 2, 3 & 4, block 1 to the east line of lot 1; Thence north to the Point of Beginning.

Also: Lot 3, Block 1 of the Nubian Nob Subdivision in Latah County, Idaho, as shown by the recorded plat thereof.

Beginning at the centerline intersection of Third Avenue and Line Street; Thence South to a point 37.5 feet west of the southwest corner of lot 15, block 16 of the Deary Original Townsite; Thence East along the south line of lot 15 to a point in the center of the alley in block 16; thence North 40 feet; Thence East along the south line of lot 5, block 16 to the center of Main Street; Thence North 80 feet; Thence East along the south lines of lots 18 and 3, block 15 to the center of Idaho Street; Thence North 40 feet; Thence East along the south line of lot 19, block 6 to the center of the alley in block 6; Thence South 160 feet; Thence East along the south line of lot 6, block 6 to the center of Montana Street; Thence North 160 feet; Thence East along the south line of lot 11, block 5 to the center of the alley in block 5; Thence North along the alley to the south line of State Highway 8; Thence along said highway to the intersection of the south line of State Highway 8 and the east line of State Highway 3; Thence South, 237.98 feet along the west line of a parcel of land shown on a Record of Survey file number 428458; Thence along the south line of said parcel 113.29 feet; Thence north along the east line of said parcel 130.28 feet to the south line of State Highway 8; Thence northeasterly perpendicular to said highway 75 feet to the centerline of State Highway 8; Thence East to the centerline intersection between State Highway 8 and the prolongation of the travelway along the south line of the railroad right of way; Thence northwesterly along the prolongation of the travelway centerline to the east line of the Deary Original Townsite boundary; Thence South to the southeast corner of lot 1, block 4, Deary Original Townsite; Thence West along the south lines of lots 1 and 2, block 4 and lot 5, block 7 to the center of the alley in block 7; Thence North 80 feet; Thence West along the south line of lot 8, block 7 to the center of Idaho Street; Thence South 40 feet; Thence West along the south line of lot 8, block 14 to the center of the alley in block 14; thence North 264 feet; Thence West along a line 4 feet north and parallel with the south line of lot 22, block 14 to the center of Main Street; Thence north 33.5 feet to the centerline intersection of Main Street and Third Avenue; Thence West to the Point of Beginning.

Also: Beginning at the southwest corner of lot 7, block 13, Deary Home & Orchard Tracts; Thence North 225.45 feet; Thence East 360 feet; Thence North 60 feet; Thence Northeasterly 129.62 feet to the intersection of the south line of Spruce Street and the west line of State Highway 3; Thence South along the west line of said highway to the south line of the SE1/4 of the NW1/4 of section 23; Thence West to the Point of Beginning.

Beginning at the southeast corner of the NE1/4 of the NE1/4 of section 22, T40N, R2W, BM; Thence North along the centerline of Line Street to a point 37.5 feet west of the southwest corner of lot 9, block 18, Deary Original Townsite; Thence East along the south line of lot 9 to the center of the alley in block 18; thence North 25 feet; thence East along the south line of lot 1, block 18 to the center of Main Street; Thence North to the intersection of the centerline of Main Street and the north line of the railroad right of way; Thence northwesterly along said north line to the intersection with the prolongation of the east line of block 18; Thence North 27.6 feet to a point which is 39.2 feet south of the southeast corner of lot 6 block 19, Deary Original Townsite; Thence North 68°19' West 105.32 feet; Thence South 21°41' West 16.83 feet to the north line of the railroad right of way; Thence southwesterly 75 feet perpendicular to said north line to the center of the railroad right of way; Thence Northwesterly to the intersection of the railroad centerline and the extended centerline of Washington Street; Thence South along Washington Street to a point which is 37.5 feet east of the northeast corner of lot 2 of the Thomas Subdivision; thence West 147.5 feet to the northwest corner of said lot 2; thence South to the south line of State Highway 8; thence East to the intersection of said south line and the centerline of Washington Street; Thence South 240 feet; Thence West 137.5 feet; Thence South 40 feet; Thence West 125 feet to the west line of lot 1, block 9, Deary Home & Orchard Tracts; Thence South to the south line of the NE1/4 of the NE1/4 of section 22; Thence East to the Point of Beginning.

(Ord. 337 § 1, 2004: Ord. 311, 1999)

   EXHIBIT 2

   OFF STREET PARKING AND LOADING FACILITIES

   A.   General Requirements:

      1.   No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this chapter.

      2.   The provisions of this chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements, there shall be provided as many such spaces as may be required by this chapter.

      3.   Whenever a building or structure constructed after the effective date hereof is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date hereof is enlarged to the extent of fifty percent (50%) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein.

   B.   Standards:

      1.   Location Of Parking Spaces: The following regulations shall govern the location of off street parking spaces and areas:

         a.   Parking spaces for all detached residential uses shall be located on the same lot as the use that they are intended to serve.

         b.   Parking spaces for commercial, industrial or institutional use shall be located not more than five hundred feet (500') from the principal use.

         c.   Parking spaces for apartments, dormitories or similar residential uses shall be located not more than three hundred feet (300') from the principal use.

      2.   Loading Space Requirements And Dimensions: The City may require off street loading spaces for commercial uses.

      3.   Maintenance: The owner or lessee of property used for parking and/or loading shall maintain such area in good condition without holes and free of dust, trash and other debris.

      4.   Surface: The required number of parking and loading spaces as set forth in subsection D of this exhibit, together with driveways, approaches, aisles, curbs, gutters, sidewalks and other circulation areas, shall be improved to a minimum of six inches (6") gravel surface.

      5.   Curb, Gutter, Sidewalk: When a parking lot adjoins a public street, curb, gutter and sidewalk will be constructed as part of the lot on any side that faces the public street unless waived by the City Council.

      6.   Approaches: All private driveway approaches to a public street shall be no more than seven percent (7%) in grade and shall meet the surface requirements listed above.

      7.   Drainage: All parking and loading areas shall provide for proper on site drainage of surface water as approved by the City.

      8.   Lighting: Any commercial, school or church parking area, located in any zone in the City, which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect light away from the adjoining property.

      9.   Access: Any commercial or industrial parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street.

      10.   Striping And Paving: All paved parking areas with a capacity over twenty (20) vehicles shall be striped between stalls to facilitate the movement of vehicles into and out of the parking stalls.

      11.   Screening And/Or Landscaping: Whenever a parking area is required by this or other City ordinance to be screened on any sides which adjoin or face other residential properties the planting screen shall be not less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential zone shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition.

      12.   Wheel Blocks: Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.

      13.   Disabled Vehicles: The parking of a disabled vehicle within a residential or commercial zone for a period of more than two (2) weeks shall be prohibited, unless such vehicle is screened from public view or stored in an enclosed garage or other accessory building.

      14.   Joint Use: Two (2) or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the City shall be filed with the application for a building permit.

   C.   Off-Street Parking Design And Dimensional Tables:

 

 

   D.   Parking Space Requirements: For the purpose of this chapter the following parking space requirements shall apply. Parking requirements shall apply to the use that occupies the majority of floor space within the structure(s) on the property, with the exception of home occupations which shall meet the requirements below:

 

(Ord. 325 §§ 13, 14, 15, 2003: Ord. 311 § 1, 1999)