The improvements herein shall be required whenever a building or structure is constructed, placed, erected or enlarged or when there is a change of use of a building, structure or parcel of land. Unless otherwise provided, all required improvements shall be a condition of any building permit and they shall be completed prior to final inspection and occupancy of the building. If cost of improvements required by sections 9-19-3 through 9-19-7 of this chapter exceeds twenty five percent (25%) of the cost of the proposed private improvements, an agreement may be negotiated to allow the required improvements to be staged over a period of time not to exceed three (3) years. Whenever a building is constructed, placed, erected or enlarged and that building is in an isolated or undeveloped area, public improvements may be deferred by the council in cases where a deferral would otherwise be unavailable. Any improvements required by sections 9-19-3 through 9-19-7 of this chapter are not required for minor modifications or additions to existing buildings or structures when the modifications and improvements do not constitute more than a twenty-five-percent (25%) increase over the square footage of the existing buildings or a total increase in square footage over ten thousand (10,000) square feet, whichever is less, within any twelve (12) month period from date of completion or other expansion.

If a single building of a premises containing multiple buildings is expanded over twenty five percent (25%) of that building's square footage but less than a total of twenty five percent (25%) of the combined square footage of all buildings, the improvements required by sections 9-19-3 through 9-19-7 of this chapter shall be provided for the building being expanded only. If the expansion is greater than ten thousand (10,000) square feet or greater than twenty five percent (25%) of the combined footage of all buildings, the improvements required by sections 9-19-3 through 9-19-7 of this chapter shall be provided for the entire premises. (Ord. 635, 10-4-2022)

   A.   Exterior Appearance of Buildings and Structures:

      1.   Primary exterior materials shall conform to the requirements found in this chapter.

      2.   Secondary materials used on the facade of a building are those that comprise less than ten percent (10%) of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, EIFS, or other materials as approved by the planning and zoning administrator or his/her designee.

      3.   All buildings with a footprint of less than ten thousand (10,000) square feet shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a three (3) in twelve inch (12") minimum slope. Wood shingles are prohibited.

      4.   All buildings with a footprint of ten thousand (10,000) square feet and greater shall incorporate sloped roof elements including, but not limited to, pitched roofs on towers or arcades, sloped awnings, or sloped parapets. The sloped elements shall be provided along a minimum of sixty percent (60%) of each wall's length. All sloped roof elements shall have a three (3) in twelve inch (12") minimum slope. Wood shingles are prohibited.

      5.   In the C-1 AND M-1 zoning districts, an articulated parapet wall or cornice may be used in place of the sloped roof as required in subsections A3 and A4 of this section.

      6.   All buildings shall be designed to incorporate a form of architectural articulation every thirty feet (30'), both horizontally along each wall's length and vertically along each wall's height. Acceptable articulation may include the following:

         a.   Canopies, awnings, or porticos;

         b.   Recesses/projections;

         c.   Arcades;

         d.   Arches;

         e.   Windows will follow the IBC section 2406.3 which will require safety/tempered glazing for most windows within eighteen inches (18") of the floor;

         f.   Architectural details (such as tile work and moldings) integrated into the building facade;

         g.   Articulated ground floor levels or base;

         h.   Articulated cornice line;

         i.   Integrated planters or wing walls that incorporate landscape and sitting areas;

         j.   Offsets, reveals or projecting rib used to express architectural or structural bays;

         k.   Accent materials (minimum 15 percent of exterior facade);

         l.   Varied roof heights; or

         m.   Other architectural features approved by the director of planning, or his/her designee.

      7.   All buildings shall be architecturally finished on all three (3) sides with the same materials, detailing, and features. The wall which faces the opposite (rear) of a public right of way of a building may be architecturally finished to match the remainder of the building in color only.

      8.   Windows shall have a maximum exterior visible reflectivity of twenty percent (20%), unless otherwise approved by the planning and zoning administrator or his/her designee. The intent of this provision is to prevent the safety hazard of light reflecting from the windows onto adjacent roadways.

      9.   All retail/commercial buildings with facades greater than two hundred feet (200') in length shall incorporate wall plane projections or recesses that are at least six feet (6') deep. Projections/recesses must be at least twenty five percent (25%) of the length of the facade. No uninterrupted length of facade may exceed one hundred feet (100') in length. This requirement does not apply to buildings developed and occupied entirely for office uses.

      10.   All buildings within a common development, as shown on a concept plan or preliminary site plan, shall have similar architectural styles, materials, and colors.

         a.   Conceptual facade plans and sample boards shall be submitted with the preliminary site plan application for all nonresidential uses. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development. Facade plans will be used only to ensure minimum standards are met.

         b.   A final facade plan and sample boards shall be submitted with the final site plan application for all nonresidential uses. Facade plans will be used only to ensure minimum standards are met.

      11.   All primary exterior materials shall be of natural texture and earth toned colors.

      12.   Corporate identities that conflict with the building design criteria shall be reviewed on a case by case basis and approved by the planning and zoning administrator or his/her designee.

Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint.

   B.   Exterior Construction Of Main Buildings:

      1.   The exterior facades of a main building or structure, excluding glass windows and doors, in the C-1 and M-1 zoning districts shall be constructed of one hundred percent (100%) masonry, unless otherwise specified in this title. Cementitious fiberboard is considered masonry, but may only constitute fifty percent (50%) of stories other than the first story. Cementitious fiberboard may also be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the plan reviewer. Wood roof shingles are prohibited.

      2.   Metal buildings are permitted in the R-1 zoning district upon review by the planning and zoning commission and approval by the city council subject to:

         a.   The maximum height of metal buildings is thirty-five feet (35');

         b.   The lot on which the building is constructed must have frontage only on streets with fifty feet (50') of right of way or greater;

         c.   The lot containing a metal building shall be three hundred feet (300') from all zoning districts except light industrial;

         d.   The wall of the building facing the street must be one hundred percent (100%) masonry, or stucco; and

         e.   Other walls of the building visible from a street must have trees planted on thirty foot (30') centers within twenty five feet (25') of the building.

      3.   Exterior construction of maintenance buildings for golf courses, public or parochial schools, churches, or the city of Filer may be metal upon issuance of a special use permit. Exterior construction of buildings used for agricultural purposes in conjunction with a school may be metal upon issuance of a special use permit. If an expansion or an addition to an existing metal building is not greater than ten percent (10%) or seven thousand (7,000) square feet, whichever is greater, the masonry requirements shall not apply to the expansion or addition to the existing metal building.

      4.   The city council may approve materials which are equivalent to, or exceed, the standards set forth in this section. (Ord. 635, 10-4-2022)

   A.   Minimum Standards: The required minimum size landscaped area shall, as a minimum, have the following plant life:

      1.   One tree per five hundred (500) square feet of landscaped area. At least fifty percent (50%) of the required trees shall be evergreens. All trees shall have a height of at least four feet (4') when planted.

      2.   One bush per three hundred (300) square feet of landscaped area. At least fifty percent (50%) of the required bushes shall be evergreens.

      3.   The commission and/or design review committee may approve alternative plans or designs to allow innovative landscaping.

   B.   Approval And Completion:

      1.   A landscaping plan conforming to the minimum requirements of this section shall be submitted for approval as part of the development map whenever a subdivision application is submitted for approval. A landscaping plan conforming to the minimum requirements of this section shall be submitted for approval as part of the application for a building permit to construct a building.

      2.   Landscaping conforming to the approved landscaping plan shall be completed before a certificate of occupancy is issued for the appurtenant building or at such other time as may be agreed upon in writing by the administrator and landowner; however, said agreement shall not extend the completion date beyond the next normal planting season for the proposed vegetation.

      3.   All landscaping shall be maintained in a manner consistent with the minimum requirements of this section for as long as the building is occupied. (Ord. 635, 10-4-2022)

   A.   Screening Required:

      1.   Screening shall be required between any residential use and any trade or manufacturing use in adjacent zoning districts or any zoning district where both such uses are permitted outright and may be required around any special use. The trade, manufacturing or special use shall provide any required screening. Screening shall not be required if a public trafficway other than a service road separates the two (2) uses.

      2.   Screening shall be required between a Mobile Home Park and any other zoning district provided by the Mobile Home Park developer.

      3.   No wrecking yard or wrecking house or junkyard or junk house shall be established unless the same shall be completely surrounded by a fence of wood, concrete or slatted chain-link not less than eight feet (8') in height from the level of the ground and completely obscuring the wreckage and parts therein from outside view.

   B.   Minimum Standards:

      1.   Screening shall be a minimum six foot (6') fence or wall or a landscaped area or any combination thereof. If it is a fence or wall it shall be constructed of wood, solid vinyl, metal, concrete or concrete block. If it is a landscaped area, it shall be evergreen bushes or trees and may include an earthen berm.

      2.   Whenever bushes or trees are used as screening, the screening height may not be less than three feet (3') at the time of planting, providing a minimum height of six feet (6') is achieved within six (6) years after planting.

      3.    Screening shall completely obscure objects inside the screened area when viewed from any angle outside the screened area and shall be constructed so as to reduce noise, lights and blowing trash.

   C.   Exceptions: Screening shall not be constructed so as to create a traffic hazard and it shall conform to the height restrictions in the chapters establishing dimensional standards in zoning districts. (Ord. 635, 10-4-2022)

   A.   Pedestrian Access: Access to each building shall be provided by connecting the principal entrance into each building to the parking areas intended for the use of the occupants with a sidewalk that is not more than three hundred feet (300') in length.

   B.   Surfacing: All parking and maneuvering areas shall be hard surfaced with Portland concrete or asphaltic concrete surface material. In the R-1 zoning district the requirement does not apply.

   C.   Striping: Parking areas that are intended to provide more than ten (10) spaces on a single site shall be marked off with a four inch by fifteen foot (4" x 15') long painted stripe along the sides of each parking space.

   D.   Lighting: Parking areas that are intended to provide more than eighteen (18) spaces on a single site shall have lighting that will provide at least one foot-candle of light at the ground surface on the entire parking site. Lighting shall be screened so that it does not directly illuminate any adjacent residential uses with more than one-fourth (0.25) of a foot-candle and so that it does not create a traffic hazard.

   E.   Vehicle Access:

      1.   Any motor vehicle entrance to a public trafficway from private property shall be considered a driveway approach and shall conform to the standards established herein.

      2.   The city engineer shall establish construction standards for all driveway approaches. The standard depressed curb type approach shall be constructed unless otherwise directed by the city engineer. The city engineer may require an arterial street driveway approach, with rounded curbing when traffic conditions on arterial streets warrant a more rapid entrance and exit through the driveway approach. This decision of the city engineer requiring an arterial street driveway approach may be appealed to city council. Nothing in this subsection should be construed to prevent the construction of an arterial street driveway approach, if desired by the property owner.

      3.   The City Engineer may allow driveway approaches conforming to the following standards, providing they do not pose any unusual traffic hazards:

         a.   Residential use driveway approaches: Shall not exceed twelve feet (12') for a single drive or twenty feet (20') for a double drive. Joint use drives between two (2) separate properties to serve multi-family residences will be allowed; however, the total width of the curb cut shall not exceed forty feet (40'). There shall be at least twenty-five feet (25') between driveways entering curb between the end of a driveway and the end of a corner radius and at least two feet (2') between the end of a driveway and side property line.

         b.   Commercial and manufacturing use driveway approaches: Shall not exceed forty feet (40') nor be less than thirty feet (30') except one-way approaches which shall not be less than twelve feet (12'). There shall be at least twenty-five feet (25') of curb between driveways and at least eighteen feet (18') of straight curb between the end of driveways and the end of a corner radius and at least thirteen feet (13') between the end of a driveway and a side property line when parking is allowed on the street.

         c.   The City Engineer may allow curb cuts up to sixty-five feet (65') for commercial or industrial drives where it appears that it is necessary to accommodate large trucks and trailers and to reduce the distance between a commercial or industrial driveway and a side property line when on street parking is not allowed or not practical because of existing conditions. The public welfare, safety and convenience shall be considered in granting such applications.

         d.   The City Engineer may allow additional driveway width under the following conditions: the street is not an arterial or collector street; the traffic generated by the land use is minimal (no high traffic generating retail trade uses, services, residential uses or public assembly); a parking plan is submitted and adhered to that conforms to section 9-19-4 of this title; and driveways conform to standard slope and height dimensions to control drainage. (Ord. 635, 10-4-2022)

   A.   Adequate Access: No building shall be constructed or erected on a lot in a zoning district unless adequate access to a fifty foot (50') wide minimum standard all weather public trafficway is provided. Said access may be a private drive providing such drive conforms to the following chart and must be approved by the Public Works Supervisor, City Engineer and Fire Chief:

Private Driveway Length

 

 

In commercial and manufacturing zoning districts, a private drive may not exceed three hundred feet (300') in length, must have a width of twenty feet (20') for one-way traffic and twenty five feet (25') for two-way traffic and may not serve a total building area of over fifty thousand (50,000) square feet.

The City Council may approve additional driveway length in excess of three hundred feet (300') in cases where isolated parcels of land cannot be developed with minimum fifty foot (50') dedicated right-of-way.

Such a private drive shall be surfaced with Portland concrete or asphaltic concrete. No zoning subdistrict will be allowed that does not have direct access to a fifty foot (50') wide minimum standard all weather paved public trafficway.

   B.   Curb, Gutter And Sidewalk:

      1.   New curbs, gutters and sidewalks shall be constructed at the expense of the property owner with, and at the same time as, all new construction or modification of existing buildings in accordance with City standards on all streets, within and adjacent to the development, and in all zoning districts except the Agricultural District, for all land uses, except where the Public Works Director determines that, due to the location or character of the development, new curbs, gutters and/or sidewalks need not be constructed.

      2.   The City Engineer may defer the construction of required curbs, gutters and/or sidewalks until other curbs, gutters and/or sidewalks are constructed adjacent to other lands in the neighborhood under any one or more of the following conditions:

         a.   If the total length of existing curb-gutter on both sides of the street in an existing development plus the length of the property in question is less than forty percent (40%) of the total property length adjacent to a standard block unless the curb-gutter will connect to an existing curb-gutter section. The standard block shall be the distance between two (2) intersecting streets or four hundred feet (400') whichever is less. The same criteria shall apply separately to sidewalks. All curb-gutter to be considered as existing shall be acceptable line and grade.

         b.   If another governmental agency having jurisdiction over a particular street requests the curb-gutter be deferred.

         c.   If existing curbs, gutters and/or sidewalks are in good repair and to an acceptable line and grade that conforms to the line and grade of other curbs, gutters and/or sidewalks in the standard block, it may be retained.

      3.   Curbs, gutters and sidewalks shall not be required or allowed to be constructed or may be deferred if, in the opinion of the City Engineer, the improvement would create a traffic hazard or an unusual drainage problem.

   C.   Construction Standards For Vertical And Rolled Curb: Both vertical and rolled curbs shall be allowed in the City in accordance with the provisions of this Code and in conformance with the standard construction design and specification for the same, as are on file in the City Engineer's Office. The most recent construction design and specifications shall prevail. Standard detail C-2 (4 inch rolled curb) shall be used only when the following applicable conditions are met:

      1.   On local residential streets in new developments, when the top of curb to top of curb street drainage capacity is not exceeded by the peak flow generated during a 50-year 24-hour storm. It shall be the developer's engineering consultant's responsibility to compile and submit drainage calculations to the City for review and approval.

      2.   On residential cul-de-sac streets in new developments that meet the drainage requirements set forth in subsection C1 of this section.

      3.   On local residential streets in existing developments where no curb or gutter exists in the block under consideration and a study by the City Engineer indicates that the proposed installation will meet the drainage requirements set forth in subsection C1 of this section.

      4.   In all cases four inch (4") rolled curb shall be transitioned into six inch (6") vertical curb around all curb returns.

   D.   Public Improvement Requirements: In areas where two (2) or more zoning districts and said zoning districts have different public improvement requirements, the Council may impose the least restrictive requirement if the Council finds that imposition of the least restrictive requirements will further the policies and purposes described in this title. (Ord. 635, 10-4-2022)

   A.   Waste Pens: A waste pen of sufficient size to accommodate all trash or solid waste stored on the premises shall be provided in any zoning district except buildings containing two (2) or less household units. All waste pens shall be completely surrounded with a well maintained fence or wall of a type that will completely obscure from view all trash and waste stored in the pen.

   B.   Incinerators: Incinerators or trash burners shall not be permitted with in the city limits of Filer.

   C.   Wastewater: Overflow of water from air conditioners or other sources of wastewater shall not be permitted to discharge into alleys or street gutters. (Ord. 635, 10-4-2022)

All buildings intended for human occupancy shall have adequate sanitary facilities. Such facilities shall be connected to an approved domestic water source conforming to the water regulations of the City and to an approved wastewater system conforming to the wastewater regulations of the City and health authority. (Ord. 635, 10-4-2022)

   A.   Best Management Practices: Building sites shall use best management practices (BMPs) to retain as much stormwater as possible on the property.

   B.   Highway Drainage: Drainage to a state highway shall be subject to the regulations of the Idaho transportation department. Necessary permits shall be acquired by the developer.

   C.   Road Drainage: Drainage to a road under the care, custody and control of the Filer Highway District shall be subject to their regulations. Necessary permits shall be acquired by the developer.

   D.   Drainage To U.S. Waters Or Canals: No drainage shall be allowed from a building site directly to any waters of the United States or to any privately owned canal system.

   E.   Residential Subdivisions:

      1.   All residential subdivisions shall design and construct stormwater retention facility or facilities to retain the 100-year 24-hour rainstorm event.

      2.   The stormwater shall be detained and released over a forty-eight (48) hour period or at a rate that is approved by the Twin Falls Canal Company or by any other entity that may govern the waterway downstream.

      3.   The stormwater dischargers releasing water from their retention area shall use best management practices (BMPs) to reduce the amount of pollutants from the water. Discharge water quality shall comply with the most current regulations or standards that may apply.

      4.   The retention facilities shall also have an overflow device that can convey the 100-year 24-hour rainstorm event, without damage to the retention facility. This structure should be designed to minimize any downstream safety problems.

      5.   Storm sewers shall be placed in a public right of way or minimum fifteen foot (15') wide easement. Easements shall also be required for the retention areas. The city reserves the right to modify the retention facilities to stay in compliance with any state or federal regulation.

   F.   Commercial And Industrial Developments: All commercial and industrial developments shall design and construct stormwater retention facilities to retain the 100-year 24-hour rainstorm event. No discharge of stormwater will be allowed from these areas.

   G.   Procedure For Review And Approval Of The Stormwater Management Plan: Review and approval by the city does not constitute an engineering review of project plans and calculations. The review is for the purpose of ensuring general conformance to city policies and requirements. The submitting engineer is solely responsible for the design. All submissions to the city shall be stamped by a professional engineer registered in the state of Idaho. The following shall be submitted to the city:

      1.   Topographic survey of the development showing all drainage and irrigation water conveyance systems within the area encompassed by a line two hundred feet (200') outside the property line.

      2.   Peak flow calculations, with peak flows delineated on the drawings.

      3.   Runoff volume calculations.

      4.   Plans and profiles of new or modified drainage and irrigation water conveyance systems.

      5.   Plans, profiles and calculations for stormwater retention or detention facilities.

      6.   Flood routing computations for the 100-year 24-hour rainstorm event through any existing drainage conveyance systems.

      7.   Maintenance and operation manuals for stormwater facilities.

      8.   Infiltration rates where applicable.

      9.   Seasonal high ground water table elevations where applicable. This applies when the absorption of stormwater is used as a best management practice. Facilities using absorption designs shall not intercept the post development ground water table. The bottom of the facility shall have a minimum four foot (4') vertical separation from the seasonal high ground water elevation and bedrock. The four foot (4') separation between the bottom of the facility and the seasonal high ground water table shall contain a sandy loam material to treat the water prior to entering the ground water. If the best management practices are utilized to pretreat the water prior to discharge into the absorption facility, the requirement for four feet (4') of sandy loam will be waived. The seasonal high ground water table elevation shall be established and used for the facility design. The elevation of the seasonal high ground water table shall be determined by a monitoring well established at the facility site and monitored during the high ground water season. The high ground water elevation shall be shown on the plans and be referenced to a nearby bench mark, the latitude and longitude of the well shall be shown on the plans. If ground water is encountered during construction of the facility at an elevation higher than that shown on the plans, the facility shall be redesigned to account for the higher elevation.

      10.   Soil classifications where applicable.

      11.   Flood routing of the 100-year 24-hour rainstorm event to the ultimate drainage system.

      12.   Copies of associated permits and discharge agreements.

      13.   Copy of the pollution prevention plan that is on file with the EPA for the development.

Prior to beginning of construction on any development site larger than five (5) acres, the developer or their representative must have a pollution prevention plan in place and must file a notice of intent (NOI) with the EPA, in accordance with NPDES (national pollutant discharge elimination system) requirements. The pollution prevention plan will include provisions for reducing sediment discharges from the construction site and tracking of mud onto roadways. A copy of this plan and the NOI shall be provided to the city prior to any site grading. Refer to 40 CFR chapter 1, section 122.26 stormwater discharges for NPDES requirements. (Ord. 635, 10-4-2022)

   A.   System Installation Required: In each subdivision the developer shall provide pressurized irrigation water to each and every lot within the subdivision. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches.

   B.   Cross Connections Prohibited: There shall be no cross connections between the domestic water lines and the irrigation water lines that do not comply with title 7, chapter 6-4, of this code.

   C.   Approval By City Engineer: All such pressurized irrigation water systems shall be approved by the city engineer. (Ord. 635, 10-4-2022)