The purpose of performance standards is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered.

(Ord. No. 804, 11-28-1989)

In addition to all yard regulations specified in the official schedule of district regulations and in other sections of this title, the following provisions shall be adhered to:

A.

Visibility of intersections, driveways and alleyways. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow above a height of three feet within sight triangle areas, as defined below:

1.

Road/road intersections. The boundaries of a sight triangle at the intersection of two roads are defined by measuring from the projected intersection of the roadway edge a distance of 40 feet along each roadway edge and connecting the two points with a straight line.

2.

Road/driveway intersections. The boundaries of a sight triangle at the intersection of a road and a driveway are defined by measuring from the intersection of the property line and the edge of the driveway 20 feet along the roadway and ten feet along the driveway and connecting the two points with a straight line.

Unless otherwise deemed to be a public hazard per the paragraph below, any existing trees within the sight triangle greater than three feet in height shall be allowed to remain so long as they are pruned and/or placed to allow clear vision up to ten feet above the centerline grades of adjacent streets.

When the city determines that an intersection sight obstruction exists, it shall notify the owner of the property upon which the obstruction is located and order that the obstruction be removed within 30 days. The failure of the owner to remove the obstruction shall be punishable as a misdemeanor, and every day the owner fails to remove the obstruction shall be a separate and distinct offense.

B.

Fences and wall restrictions. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of three feet and ten feet. All fences on any street side of a commercial or industrial zoned property shall not be over three feet high; all fences on the side property line of a commercial or industrial zoned property shall not be over three feet in height for a distance of 15 feet measured from back of sidewalk.

1.

Site inspection. Before any fence can be erected on private property, the building inspector must be contacted for site inspection. A building permit is required.

2.

Permit. A building permit must be obtained at the building department office, and a fee will be charged according to the building permit rate.

3.

Specifications.

a.

Interior lots. Perimeter fences up to a height of six feet may be built outside the setback to enclose the area not in the front yard. A three-foot closed-vision fence (e.g., solid wood or vinyl) or a four-foot open-vision fence (e.g., chain-link or rod iron) may be constructed in the front yard and may be built within the required setback area from the setback line/mark to the inside of an existing sidewalk or to the inside of a proposed, future sidewalk.

b.

Corner lots. A three-foot closed-vision fence (e.g., solid wood or vinyl) or a four-foot open-vision fence (e.g., chain-link or rod iron) may be constructed in the front yard and may be built within the required setback area from the setback line/mark to the inside of an existing sidewalk or to the inside of a proposed, future sidewalk. Perimeter fences may be built to a height of six feet along the side street of corner lots outside of the clear vision triangle and along the rear or side property line provided the following conditions are complied with: (see section 9-17-6 of this Code for site triangle design guidelines)

c.

Backyard fences. No permit will be given for a backyard fence over six feet in height until council permission has been received.

d.

Road/alley intersections. A ten-foot driveway/alley side by 20-foot roadside vision triangle is maintained when the rear property line abuts an alley or drive approach on a corner lot.

4.

Boundaries. Owners must establish property boundaries (usually provided by a professional land surveyor).

5.

Access. There must be direct access by a three-foot gate or other method to all water meters. In addition, no fence shall be constructed within 36 inches in any direction of a fire hydrant.

6.

Private covenants, codes, and restrictions. Recognizing that many subdivisions/properties have private covenants, codes, and restrictions (CC&Rs) that in part govern the type, placement, height and appearance of fences, a fence permit as issued by/from the City of Emmett shall not be construed to be an abrogation of a property owner's responsibility to comply with pertinent, private covenants. The City of Emmett, accordingly, shall undertake no efforts to enforce any fence provisions stated in private covenants, but shall only enforce the fence provisions as contained within this Code.

7.

Fences on public rights-of-way or public easements. Residential fences may be permitted to be constructed on/within public rights-of-way and public easements subject to the sidewalk and vision clearance restrictions set forth herein. On commercial and industrial properties, fences shall not be placed within or blocking from view, areas established as required yards (setbacks) but instead shall be on the side of those setbacks closest to the center of the property (i.e., behind the setbacks when viewed from off the property); provided, however, when fences are required for the protection of public wells and infrastructure, they may be erected within a designated setback.

8.

Regarding fences in utility rights-of-way or easements. Upon receiving notification from the city or utility provider, it is the property owner's responsibility to remove fences from utility rights-of-way or easements, at owner's expense, should the city or utility provider need to utilize any right-of-way or easement for maintenance or construction of any utility or public facility or improvement or it is determined to be in the interest of the city or in the opinion of the city creates a safety hazard. The design and height of any fences proposed for emplacement abutting Idaho state highway right-of-way shall be subject to the approval of the Idaho Transportation Department.

C.

Yard requirements for multi-family dwellings. Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district. (See additional standards for multi-family dwellings in section 9-7-5 of this chapter.)

D.

Side and rear yard requirements for nonresidential uses abutting residential districts. Nonresidential buildings or uses shall not be located nor conducted closer than 40 feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to 50 percent of the requirement if acceptable landscaping or screening approved by the commission is provided. Such screening shall be a masonry or solid fence between four feet and eight feet in height maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 20 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting. All screening shall comply with the sight triangle area requirements as outlined in subsection A of this section.

E.

Architectural projections. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yards.

F.

Exceptions to height regulations. The height limitations contained in the official schedule of district regulations of this title do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport. Private amateur radio antennas and similar private antennas are not excepted under this section. See section 9-21-8 of this title for height and construction standards.

G.

Covering of irrigation ditches. The city policy shall be that watertight pipe has to be used to tile any irrigation ditch within the city.

(Ord. No. O2016-17, 10-25-2016; Ord. No O2022-06, § I, 6-28-2022)

In addition to all other regulations as specified in this title, the following provisions shall be adhered to:

A.

Conversion of dwellings to more units. A residence may be converted to accommodate an increased number of dwelling units if:

1.

The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.

2.

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

3.

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

4.

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

B.

Temporary buildings. Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the zoning administrator.

C.

Required trash areas. All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height or within an enclosed building or structure. The remaining open side must be enclosed with an obscure fence equal to the height of the other three sides. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided.

D.

Development close to an airport. The location, building height and lighting of residential and commercial development shall be restricted within airport approach and departure areas as required by the state department of transportation, division of aeronautics and public transportation and federal aviation administration.

E.

Wells. The drilling of private wells within the city limits is prohibited without the written permission of the city council. All wells drilled will be subject to inspection by the department of public works. However, wells drilled by the department of environmental quality are exempt from this requirement.

F.

Garages. All manufactured and site built homes will have a garage or a carport. Conversion of an existing garage or carport to a living area is not permitted unless another garage or carport is provided on the property.

(Ord. No. O2016-19, 10-25-2016)

Note— See also section 7-5-7 of this Code.

No land or building in any district 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 title 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:

A.

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

B.

Radioactivity or electrical disturbance. No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

C.

Noise. Objectionable noise as determined by the police chief or designee which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

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 health authority.

F.

Glare. No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street.

G.

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

H.

Water pollution. Water pollution shall be subject to the requirements and regulations established by the health authority.

I.

Enforcement provisions. The administrator, 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.

J.

Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute (ANSI), New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States bureau of mines and the health authority.

(Ord. No. O2010-2, 3-9-2010)

Certain unique land uses pose special situations that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:

A.

Accessory building:

1.

Will not be located in any required front yard area.

2.

Will not be located closer than required by the zone limitations.

3.

Will not be located on any recorded easement unless allowed in easement descriptions.

B.

Agricultural uses permitted.

1.

Purpose. The main purpose and objective of this subsection B is to provide for the optimization of land uses on undeveloped, large acreage properties within the city limits, including agricultural uses, while ensuring the public health, safety and welfare of citizens residing in and immediately adjacent to any such agricultural uses is protected. It is recognized that said uses are considered transitional uses until permanent, urban development occurs.

2.

Applicability. Permits granted under this subsection B shall be available only to parcels of land containing a minimum of five acres or where contiguous parcels of land under the same ownership have a cumulative total of five acres.

3.

Agricultural use defined. For the purpose of this section, an "agricultural use" shall be defined as farming, pasturage, cultivation, tillage, horticulture, floriculture, silviculture, viticulture, vermiculture, animal, poultry, and fish husbandry as the principal land use. Postharvest or value added uses such as packing or treating products are not included unless clearly demonstrated to have equal or less intensive impacts as the principal use. Agricultural uses do not include commercial riding stables, racetracks, slaughterhouses, factories, works for reduction of animal matter or commercial poultry, kennels or feedlots.

4.

Permit required; conditions. Any animals grazed, pastured or kept within the corporate limits of the city shall comply with title 5, chapter 2 of this Code. Any permit issued by the administrator shall be a permit revocable at the discretion of said administrator or the mayor or city council. The administrator shall not be authorized to issue any such agricultural use permit unless the location, facilities and plan for the use are such as to not create a public nuisance and are in accordance with the following requirements:

a.

The applicant will submit a site plan that will include property lines, existing structures and buildings and the exact area of the property designated for the agricultural use.

b.

The applicant will identify the type of crop(s) and/or agricultural product to be grown on the property and specify the primary method(s) of maintenance and harvesting, including, but not limited to, hours of operation, spraying and types of agricultural equipment to be used.

c.

(1)

Any permanent structure or fixture (e.g., pivot irrigation well) associated with the agricultural use (except perimeter fencing) shall comply with the minimum building setbacks of the applicable zoning district. However, no permanent structure and/or fixture shall be placed within 25 feet of an existing or planned public right-of-way boundary.

(2)

Any temporary structure or fixture (e.g., aboveground irrigation pipe) associated with the agricultural use shall be allowed a zero setback. However, in no instance may the temporary use create a public hazard or nuisance.

d.

The written consent of 50 percent of the owners of all premises, excepting public lands, adjacent to the perimeter of the applicant's property must accompany the application. Written notice of the application for a permit shall be mailed by the city to all adjacent property owners.

e.

All structures used to keep or maintain any product must be kept in a clean or sanitary condition, free from obnoxious odors or substances, and it is unlawful to permit any decaying food, refuse or any other substance or matter to remain therein. Failure to comply with this standard may result in revocation of permit.

f.

An application for a commercial agricultural use permit must be signed by the current property owner of record and shall be issued in the name of the agricultural operator. A permit may be transferred to another operator.

g.

All commercial agricultural use permits shall be valid for a maximum of five calendar years from the date of issuance. The permits may be renewed upon filing of an updated consent form (see subsection B.4.d of this section).

h.

The applicant shall pay to the administrator a fee set by resolution of the city council.

i.

An applicant may apply to the city council for a modification of the foregoing requirements, and for good cause the city council may approve modifications to the foregoing requirements upon such conditions as the council may determine.

5.

Appeals.

a.

Permit nonissuance or revocation. Any party denied a permit or whose permit has been revoked as above provided, and who feels aggrieved by the nonissuance or revocation, may appeal the decision to the city council. Said appeal must be filed within 20 days from the date of the nonissuance or revocation decision. If it is an appeal from the decision of the mayor, he/she shall not participate in the appeal proceedings; if it is an appeal from the decision of the city council, the city council shall serve as the appeal board and rehear new evidence. Any appeal shall be heard at a regular meeting of the city council or a special meeting of the city council. Appeals shall be taken by giving notice in writing of the appeal to the city clerk, and thereupon, the appeal shall be heard no later than the next scheduled meeting of the council. The appellant shall be present in person at the appeal hearing or be represented by counsel or any other authorized representative.

b.

Adjacent property owners. Any party who owns real property adjacent to the proposed agricultural use, and who feels aggrieved by the decision to issue a permit, may appeal the decision to the city council. Said appeal must be filed within 20 days from the date of the issuance of the permit. The city council shall serve as the appeal board and hear evidence. Any appeal shall be heard at a regular meeting of the city council or a special meeting of the city council. Appeals shall be taken by giving notice in writing of the appeal to the city clerk, and thereupon, the appeal shall be heard no later than the next scheduled meeting of the council. The appellant shall be present in person at the appeal hearing or be represented by counsel or any other authorized representative.

C.

Animal clinic, animal hospital, veterinary office and kennel:

1.

Will be located at least 300 feet from any residence including motels and hotels except for an owner or operation residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property.

2.

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

3.

Animal clinics, animal hospitals, veterinary offices and kennels in existence at the time of adoption of this title shall be exempt from the provisions of subsection C.1 of this section.

D.

Bakery or bakery goods. Maximum building size of 1,500 square feet in the MUR district.

E.

Bank or other financial institution. Maximum building size of 1,500 square feet in the MUR district.

F.

Barber, beauty shop. Maximum building size of 1,500 square feet in the MUR district.

G.

Bars, alcoholic establishments. Maximum building size of 1,500 square feet in the MUR district.

H.

Bulk storage of flammable liquids and gases, fuel yards, aboveground and for resale:

1.

Will be located as required by the provisions of the current international building code and the International Fire Code.

2.

Will be erected subject to the approval of the fire chief.

3.

Will have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the fire chief.

I.

Chemicals, pesticide and fertilizer storage and manufacturing: will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or state fire marshal.

J.

Contractor's yard:

1.

Will be located a minimum distance of 300 feet from any residence except for an owner or operator's residence.

2.

Will have a screening fence around areas utilized for storage of equipment.

3.

Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

K.

Drive-in restaurant:

1.

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

2.

Will have a six-foot high sight obscuring fence along the property lines that adjoin a residence.

3.

Will provide for adequate trash receptacles.

4.

Will ensure all night lighting remains within the property and does not negatively impact any residence.

L.

Drugstore, pharmacy. Maximum building size of 1,500 square feet in the MUR district.

M.

Filling, grading, lagooning, dredging or other earthmoving activity:

1.

Will result in the smallest amount of bare ground exposed for the shortest time feasible.

2.

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

3.

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

4.

Will not restrict a floodway, channel or natural drainageway.

5.

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

6.

Will not have below grade excavation except for drainageways within 50 feet of any lot line or public right-of-way.

7.

Will restore topsoil or loam to a depth of not less than four inches.

8.

Will comply with environmental protection agency regulations for stormwater runoff and discharge.

N.

Garden and forest uses. Maximum one acre in size for any commercial operation; excludes residential use.

O.

Home occupation. Certain limited business or professional uses may be conducted as a home occupation within a residence (or accessory building), subject to limitations established to maintain compatibility with a residential neighborhood. Examples of permissible uses include professional offices, home offices, daycare, handicrafts, graphic arts, beauty/hair salon or similar businesses. Home occupations shall maintain, to the greatest extent possible, the residential character of a neighborhood.

1.

Prohibited uses. Uses with the following characteristics are expressly prohibited as home occupations:

Any business creating external noise, odors, vibrations, or other potential nuisance factors including high levels of customer traffic.

Any use requiring sewage pretreatment in accordance with this Code.

Repair and/or servicing or painting of automobiles, trucks, boats, RVs, motorcycles, and ATVs.

2.

Business license. Before establishing a home occupation, an Emmett business license must be reviewed and approved by the city clerk. An application must include an accurate and concise description of the business operation.

3.

Grant, denial or revocation of permit. The administrator will review the application and will grant, grant with conditions, or deny the home occupation permit upon finding that the home occupation will not adversely affect the character of the neighborhood or create a nuisance (noise, dust, odor, excessive traffic, etc.) and that it complies with the standards established by the zoning ordinance for home occupations. A permit may be revoked or a violation may be prosecuted for noncompliance with standards or conditions of approval.

4.

Appeals. A decision by the administrator may be appealed to the zoning commission and thereafter to the city council respectively, in accordance with the appeals section found within Emmett Zoning Ordinance.

5.

Effective date, transferability and validity of permit. A home occupation permit is effective on the date that the permit is approved, is nontransferable and is valid as long as the conditions of approval issued with the permit are complied with and home occupation standards set forth herein are met.

6.

Home occupation performance standards. All home occupations shall comply with the following standards, in addition to any site specific conditions required by the administrator:

a.

The home occupation must be clearly subordinate, both visually and with respect to space occupied, to the primary residential use. Not more than one-third of the floor area of the dwelling unit may be used in the conduct of the home occupation.

b.

No outside storage of goods, equipment or materials related to the home occupation shall be permitted. This shall not apply to equipment used in the standard operation of a home daycare business.

c.

No home occupation shall create a need for parking or traffic beyond that required for the primary single-family residential use, or create noise, dust, vibrations, odor, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance beyond that caused by typical single-family residential occupancy in a residential neighborhood.

d.

There shall be no change in appearance that would alter the residential character of the neighborhood.

e.

A permitted home occupation shall have no more than one full time employee equivalent who is not a family member on the premises.

f.

A home occupation must be fully enclosed within the residence or an approved accessory building.

g.

Home occupation daycares shall provide care to no more than six children at any time, including those requiring daycare and residing on the premises. A special use permit is not required for home occupation daycares. However, a home occupation permit for daycares will not be issued without written verification that Idaho department of health and welfare requirements have been met, including criminal background checks and fire inspections.

h.

See home occupation sign requirements in section 9-12-11-7 of this title.

P.

Laundromat, self-service. Maximum building size of 1,500 square feet in the MUR district.

Q.

Manufactured home park.

1.

A manufactured home park that is privately owned is not considered a subdivision or a planned unit development. However, to meet city requirements the developer must submit a preliminary concept plan to the zoning commission. The plan must contain at least the following:

a.

At least two entrances to the park including all required utility service and fire apparatus access easements.

b.

City water lines and sewer pipes in the streets.

c.

Fire hydrants provided in accordance with city standards.

d.

Privately owned and maintained sewer and water facilities with locations for the city water meters and sewer manholes.

e.

Surface water runoff.

f.

Streetlights, curbs, gutters and sidewalks.

g.

Curbs, gutters, and sidewalks on all city streets contiguous to the development.

h.

Arrangement of dwelling and carport or garage for each lot.

i.

Landscaping.

j.

Privacy fencing.

This plan will be reviewed and approved by the superintendent of public works, fire chief and the city engineer before consideration by the zoning commission. The zoning commission will recommend approval/disapproval to the city council after all differences are negotiated.

If approved by the city council, the developer will prepare a final, fully engineered plan for submittal to the zoning commission, the superintendent of public works, fire chief, city engineer, and the department of environmental quality (DEQ).

2.

A manufactured home park that has streets dedicated to the city will be considered a planned unit development (PUD) and will be subject to those requirements.

R.

Multi-family developments. Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this subsection.

1.

Purpose:

a.

To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents.

b.

To create high quality buildings and designs for multi-family development that enhance the visual character of the community.

c.

To create building and site design in multi-family developments that is sensitive to and well integrated with the existing neighborhood.

d.

To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents.

2.

Site design:

a.

Buildings shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties.

b.

All on site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street.

c.

A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement.

d.

For the purposes of this subsection, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space.

e.

No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area.

f.

The parking shall meet the requirements set forth in chapter 11 of this title.

g.

Incorporate existing unique site amenities such as vistas, natural drainages, mature trees, and similar natural features into developments.

h.

A comprehensive system of pedestrian walkways shall link all site entrances, building entries, public sidewalks, parking areas and common outdoor spaces. Said walkways shall be a minimum five feet of clear, unobstructed passage and the nature of materials shall be consistent within the development. Said walkways shall be accessible to disabled persons and in compliance with ADA regulations.

i.

Developments with 20 units or more shall provide the following:

(1)

A property management office.

(2)

A maintenance storage area.

(3)

A central mailbox location, including provisions for parcel mail, with safe pedestrian and/or vehicular access.

(4)

A directory and map of the development at an entrance or convenient location for those entering the development.

3.

Common open space design requirements.

a.

A minimum area of outdoor common open space shall be provided as follows:

(1)

Two hundred fifty square feet for each unit containing up to 1,200 square feet of living area.

(2)

Three hundred fifty square feet for each unit containing more than 1,200 square feet of living area.

b.

Common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.

c.

In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. All required open space shall be fully improved per approved plans prior to issuance of the certificate of occupancy for the first dwelling unit within each phase.

d.

Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet in height.

e.

A minimum 50 percent of all units within a development shall abut common open space.

4.

Site development amenities.

a.

All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents. Below are descriptions of the three amenity categories. Amenities listed under each category are examples of acceptable amenities; other amenity options will also be considered.

(1)

Quality of life:

(A)

Clubhouse.

(B)

Fitness facilities.

(C)

Enclosed bike storage.

(D)

Public art such as a statue.

(E)

Covered outdoor structure (e.g., gazebo, pergola).

(2)

Open space:

(A)

Open grassy area of at least 50 by 100 feet in size.

(B)

Community garden.

(C)

Ponds or water features.

(D)

Plaza.

(3)

Recreation:

(A)

Pool.

(B)

Walking trails.

(C)

Children's play structures.

(D)

Sports courts.

b.

The number of amenities to be provided shall depend on the size of the multi-family development as follows:

(1)

For multi-family developments with less than 20 units, two amenities shall be provided from two separate categories.

(2)

For multi-family development between 20 and 75 units, three amenities shall be provided, with one from each category.

(3)

For multi-family development with 75 units or more, four amenities shall be provided, with at least one from each category.

(4)

For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development.

c.

The decision making body shall be authorized to consider other improvements to those provided under this subsection Q.4, provided that these improvements provide a similar level of amenity.

d.

All required amenities shall be fully improved per approved plans prior to issuance of the certificate of occupancy for the first dwelling unit within each phase.

5.

Architectural character.

a.

All building elevations shall devote a portion of the wall area to architectural features designed to provide articulation and variety. Modulation elements shall have a minimum two-foot projection or recession and be a minimum of ten feet in length. These features shall include, but are not limited to, windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in the type of material shall have a minimum dimension of two feet and minimum area of 25 square feet.

b.

Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification.

c.

Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

d.

Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a minimum 9/12 pitch. Flat roofs shall include distinctive cornice and/or parapet treatments.

e.

Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged.

f.

Where feasible, windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation.

g.

All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means.

6.

Landscaping requirements.

a.

Development shall meet the minimum landscaping requirements in accord with chapter 17 of this title.

b.

All facade and common area elevations shall provide landscaping along their foundation. The foundation landscaping shall meet the following minimum standards:

(1)

The landscaped area shall be at least three feet wide.

(2)

For every three linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted.

(3)

Ground cover plants shall be planted in the remainder of the landscaped area.

7.

Maintenance and ownership responsibilities. All multi-family developments shall record with the gem county Recorder legally binding documents that state the maintenance and ownership responsibilities for the management of the entire development, including, but not limited to, structures, parking, common areas, and other development features.

S.

Outdoor storage and commercial and industrial materials:

1.

Will be screened from view of any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.

2.

Will not be located in any front yard setback area.

T.

Roadside stand. Applies to permanent stands, which are stands located on the same premises for more than six months. Temporary stands are located on the same premises for six months or less and are regulated under this chapter.

U.

Single-family and two-family dwellings in the C district.

1.

Single-family and two-family residential uses are permitted on upper stories above ground floor nonresidential use in the Historic Central Business District. Boundaries of the Historic Central Business District are outlined in the Design Manual for City of Emmett and Gem County.

2.

Single-family and two-family residential uses are permitted in the C district on upper stories above ground floor nonresidential use or ground floors behind storefront space, or integrated into a mixed use structure where design is consistent with the storefront character.

3.

In each case, a proposal will be expected to provide at least 50 percent ground floor area of storefront area in commercial or public uses.

4.

In all other cases, single-family and two-family residential uses are permitted in the C district only when approved through a special use permit.

V.

Storage of nuclear or radioactive waste material. The storage of nuclear or radioactive waste material will not be allowed, except for standard medical facility uses.

W.

Creation of a duplex from an existing single-family dwelling. In areas which are zoned to allow duplexes, a duplex shall not be created by coupling an old structure to a new structure unless all of the final structure meets the requirements of the current International Building Code. The final structure shall be designed to appear to be one integrated structure.

(Ord. No. O2010-2, 3-9-2010; amd. Ord. No. O2011-5, 8-23-2011; amd. Ord. No. O2014-3, 6-24-2014; Ord. No. O2017-02, 3-28-2017)