Fruitland City Zoning Code
CHAPTER 7
COMMERCIAL AND INDUSTRIAL DEVELOPMENT REGULATIONS
10-7-1: PURPOSE:
This chapter establishes regulations for all uses in accordance with the commercial and industrial zones, including specific regulations. (1984 Code § 11-3-1; amd. 2014 Code)
10-7-2: APPLICABILITY:
The regulations of this chapter shall apply to the commercial and industrial zones of the city. (1984 Code § 11-3-2; amd. 2014 Code)
10-7-3: TEMPORARY OCCUPANCY PERMITS:
A. Due to inclement weather conditions it is sometimes impractical to complete the necessary requirements of a commercial or industrial development project. These requirements may be delayed until conditions improve satisfactorily to complete them. In certain cases, the city may grant temporary occupancy status of a building or a portion of a building prior to the structure and/or related requirements being completed and the occupancy certificate being issued.
B. The following improvements may be eligible for construction deferment due to inclement weather:
1. Parking lot paving.
2. Irrigation system.
3. Exterior painting.
4. Required landscape plantings.
5. Required fencing.
C. Items considered ineligible include, but are not limited to, all weather access, on site drainage facilities, plumbing, electrical, water/sewer connections, fire alarm systems, fire suppression systems.
D. Temporary occupancy of a commercial or industrial building that has not been completed may be approved if the building official can make the finding that no substantial life, safety or health hazard exists by allowing occupancy of the building. Prior to approving a temporary occupancy permit, the building official shall verify that all required approvals have been received for electrical, plumbing, fire alarm and/or suppression systems, mechanical and structural. In no case shall the structure be occupied until the building official has granted approval.
E. An application for a temporary occupancy permit shall be submitted to the building official at least ten (10) working days prior to the anticipated occupancy date. The application shall require the following information:
1. Building permit number.
2. Job site address.
3. Requested date of temporary occupancy.
4. Detailed description of remaining items to be completed and time period needed to complete them.
5. Signatures of the general contractor, building owner(s) and tenant(s) with contact information.
6. Permit fee of fifty dollars ($50.00) or as amended by resolution.
7. Either an irrevocable letter of credit from an established financial institution or a cash deposit equal to one hundred twenty five percent (125%) of the remaining work as determined by written quotes supplied to the applicant.
F. The building official will review the application and negotiate completion dates with the building owner. If negotiations are satisfactory, a detailed list of requirements and due dates will be stated on the temporary occupancy permit and the completion will be monitored closely by the building official. Extensions of thirty (30) days may be approved by the building official with a one hundred twenty (120) day maximum.
G. Failure to complete the required items at or prior to the agreed upon completion dates will result in termination of water/sewer service until a final occupancy certificate is issued. (1984 Code § 11-1-14)
10-7A-1: PURPOSE:
This article provides standard regulations for the location, design and development of new land uses and the alteration of existing land uses. This article supplements the regulations for development in the commercial and industrial zones. (1984 Code § 11-3A-1; amd. 2014 Code)
10-7A-2: APPLICABILITY:
This article shall apply to the development of all principal permitted, accessory and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accordance with specific use standards, or other regulations of this title. It shall be unlawful and a violation of this title for any person to use, construct, locate, initiate, alter or maintain any structure, land or real property, or cause any structure, land or real property, to be used, constructed, located, initiated or maintained, in any manner which violates, omits or fails to conform to any procedure, standard or requirement set forth in this article. (1984 Code § 11-3A-2)
10-7A-3: ACCESS TO STREETS:
The following standards shall apply unless otherwise waived by the city council. The intent of these standards is to improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets.
A. The following standards shall apply to any use and/or property that takes direct access to an arterial and/or collector roadway prior to any new, expanded or extended use or development of the property:
1. Where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street.
2. All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street. (1984 Code § 11-3A-3)
B. All landscaping or constructed features within the clear vision triangle shall comply with the restrictions and measurements as set forth in section 10-9-8 of this title. (1984 Code § 11-3A-3; amd. 2014 Code)
10-7A-4: ACCUMULATION OF JUNK:
The accumulation of "junk", as defined in section 10-3-2 of this title, on any property is prohibited. (1984 Code § 11-3A-4)
10-7A-5: BIKEWAYS/SHARED USE PATHWAYS:
A. Bikeways shall be encouraged within all developments, within the public right of way or separate easement.
B. The federal highway administration’s document titled “Design Guidance Accommodating Bicycle And Pedestrian Travel: A Recommended Approach” and the AASHTO document titled “Guide for the Development of Bicycle Facilities” should be considered for bikeway designs.
C. On street bikeways shall be provided in accordance with the city’s master transportation plan. (1984 Code § 11-3A-5; amd. Ord. 682, 5-10-2021)
10-7A-6: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES:
A. Piping:
1. Natural waterways that flow year round that are intersecting, crossing or lying within the area being developed are recommended to remain as a natural amenity and shall not be piped or otherwise covered unless approved by the city.
2. Irrigation ditches, laterals, canals and drains may be left open when used as a water amenity or linear open space.
B. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term “natural drainage course” shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant’s property and which serve a relatively small area where runoff is infrequent. (1984 Code § 11-3A-6; amd. Ord. 682, 5-10-2021)
10-7A-7: PATHWAYS:
A. Multiuse and micro pathways shall be required within new commercial developments as part of the public right of way or as separate easements so that an alternate transportation system distinct and separate from vehicular use can be provided.
B. The design and construction of multiuse pathways shall be consistent with the guidelines contained in this code and the city master transportation plan. Pathways shall follow ADA standards.
C. Right of way for micropathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas and/or shopping areas.
D. Micropathways shall have a walking surface of at least five feet (5') in width. Shared use pathways accommodating pedestrians and bicyclists shall have a usable width of at least ten (10') feet.
E. Landscaping adjacent to pathways shall be installed in accordance with article B, “Landscaping Requirements”, of this chapter. (1984 Code § 11-3A-8; amd. Ord. 682, 5-10-2021)
10-7A-8: NATURAL FEATURES:
Existing natural features that add value to development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved or mitigated in the design of the development. (1984 Code § 11-3A-9; amd. Ord. 682, 5-10-2021)
10-7A-9:
No area or structure in any zone shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas.
A. Fire Hazard: 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 materials. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the international fire code and the National Fire Protection Association 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. Vibration: No vibration shall be permitted that is discernible without instruments on any adjoining property.
D. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority.
E. Erosion: No erosion shall be permitted that will carry objectionable substances onto neighboring properties.
F. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority.
G. Hazardous Materials: All hazardous material storage must comply with the regulations and standards of the fire department.
H. Noise: Noise shall be subject to the provision of title 5, chapter 8 of this code.
I. Safety: Any development or activity that creates a public safety hazard, as determined by the police department, that is potentially harmful to the health, safety and/or welfare of persons and/or property, shall be prohibited. (1984 Code § 11-3A-10; amd. Ord. 682, 5-10-2021)
10-7A-10: OUTDOOR LIGHTING:
A. Exempt Lighting: The following types of lighting are exempt from the regulations of this section:
1. Light fixtures that have a maximum output of less than two hundred sixty (260) lumens.
2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels, such as kerosene lanterns or gas lamps.
3. Temporary holiday lighting used for forty (40) consecutive days or less per year.
4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection and/or other emergency services.
5. All hazard warning lights required by federal or state regulatory agencies.
B. Prohibited Lighting: The installation, use or display of any of the following types of lighting and/or illumination shall be prohibited:
1. Laser source light or any similar high intensity light.
2. Lighting that changes colors, revolves or moves, including searchlights, shall be prohibited in all zones, except where approved for temporary uses under a valid, current city temporary use permit.
3. Lighting, including strings of lights, on commercial or private tower structures except as required by regulations of the federal aviation administration (FAA).
4. Strobing, revolving or flashing lights (excluding temporary holiday lighting).
5. Light or illumination with such brilliance or so positioned as to blind or impair the vision of drivers and/or pedestrians.
6. Low pressure sodium lighting.
C. Standards:
1. Light fixtures that have a maximum output of two hundred sixty (260) lumens or more shall have an opaque top to prevent uplighting.
2. Light fixtures that have a maximum output of one thousand (1,000) lumens or more per fixture shall have an opaque top to prevent uplighting, and the bulb shall not be visible.
3. Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield. See figure 1 of this section.
FIGURE 1
EXAMPLE OF FULL CUTOFF SHIELDS
EXAMPLE OF FULL CUTOFF SHIELDS
4. Light fixtures with a maximum output of one thousand eight hundred (1,800) lumens or more shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. See figure 2 of this section.
FIGURE 2
LIGHT TRESPASS
LIGHT TRESPASS
5. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties.
a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased.
b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five degrees (45°) down from vertical.
6. Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield.
7. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther.
8. Electrical feeds to outdoor light fixtures shall be underground, not overhead. (1984 Code § 11-3A-11; amd. Ord. 682, 5-10-2021)
10-7A-11: OUTDOOR SERVICE AND EQUIPMENT AREAS:
A. Outdoor mechanical equipment, including, but not limited to, heaters and fans, located within fifty feet (50') of any abutting residential zones, shall be screened from view and measures taken to mitigate noise impacts.
B. Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. (1984 Code § 11-3A-12; amd. 2014 Code; Ord. 682, 5-10-2021)
10-7A-12: OUTDOOR SPEAKER SYSTEMS:
Any outdoor speaker system associated with the use shall be located a minimum one hundred feet (100') from all residential zones. No outdoor speaker systems shall be allowed within a residential zone. These standards may be waived through approval of a conditional use permit. (1984 Code § 11-3A-13; amd. Ord. 682, 5-10-2021)
10-7A-13: OUTDOOR STORAGE AS AN ACCESSORY USE:
Accessory outdoor storage shall be allowed for an approved use subject to the following standards:
A. All outdoor storage of material, equipment, inventory and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of materials, equipment, inventory and/or supplies in a manner that:
1. Creates a public nuisance, visual blight or acoustic impacts.
2. Blocks, impedes or overlaps any sidewalk and/or vehicular traffic.
3. Causes the site to be used as a vehicle “wrecking yard” or “junkyard”, as defined in section 10-3-2 of this title.
B. For properties in commercial zones, outdoor storage of materials, equipment, inventory and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent properties, the railway corridor and public streets by a solid fence or wall with a minimum height of seven feet (7'). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. (See § 10-9-7 for fencing regulations).
C. For properties in industrial zones, the following standards shall apply:
1. For properties that are adjacent to nonindustrial properties and/or public streets, outdoor storage of materials, equipment, inventory and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent nonindustrial properties and/or public streets by a solid fence and/or wall with a minimum height of six feet (6'). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. (See § 10-9-7 for fencing regulations). (1984 Code § 11-3A-14; amd. Ord. 682, 5-10-2021)
10-7A-14: PRESSURIZED IRRIGATION SYSTEMS:
A. System Installation Required: In each development, the applicant shall provide underground, pressurized non-potable irrigation water.
B. Cross Connections: Cross connections between the domestic water lines and the irrigation water lines shall not be allowed.
C. Waiver Of Requirements: The requirements for pressurized non-potable irrigation may be waived upon proof that any particular property does not have water rights in an existing irrigation zone. The city domestic water system shall be the last option for providing irrigation water to a proposed development. (1984 Code § 11-3A-15; amd. Ord. 682, 5-10-2021)
10-7A-15: PUBLIC IMPROVEMENTS:
Applicants shall be responsible for the design and construction of any upgrades to or new public facilities, including, but not limited to, sanitary sewer, storm sewer, domestic water and roadway systems. (1984 Code § 11-3A-16; amd. Ord. 682, 5-10-2021)
10-7A-16: SELF-SERVICE USES:
Any unattended, self-service uses, including, but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities and storage facilities, shall comply with the following requirements. The police chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided.
A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.
B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street.
C. Landscape shrubbery shall be limited and maintained to no more than three feet (3') in height between entrances and financial transaction areas and the public street. (1984 Code § 11-3A-17; amd. Ord. 682, 5-10-2021; amd. Ord. 682, 5-10-2021)
10-7A-17: SIDEWALKS AND PARKWAYS:
A. All sidewalk widths on local roads shall follow the table in section 10-15D-3 of this title. The U.S. 95 and U.S. 30 entry corridor shall have the following sidewalk widths:
1. SW 1st Avenue to SW 8th Street shall have a minimum eight foot (8') wide detached concrete sidewalk with a minimum planter width of five feet (5'). See subsection 10-7B-7C1a of this chapter.
2. SW 8th Street to NW 16th Street shall have a minimum eight foot (8') attached concrete sidewalk.
3. NW 16th Street north to the Payette River shall have a five foot (5') attached concrete sidewalk.
4. U.S. 30 east toward New Plymouth shall have a minimum eight foot (8') wide attached concrete sidewalk.
5. U.S. 30 from N. Whitley to the Oregon State line shall have a minimum five foot (5') attached concrete sidewalk. (Ord. 613, 7-11-2016)
B. The minimum width of parkways shall be eight feet (8'). The width can be measured from the back of curb where there is no likely expansion of the street section within the right-of-way; the parkway width shall exclude the width of the sidewalk. (1984 Code § 11-3A-18; amd. Ord. 613, 7-11-2016; amd. Ord. 682, 5-10-2021)
10-7A-18: STORM DRAINAGE:
An adequate storm drainage system shall be required in all developments in accordance with the City adopted standards, specifications and ordinances. For public roadways and private sites, see section 10-15D-6 of this title for drainage requirements. For private sites, post developed stormwater runoff shall be retained on site. The 100-year storm event shall be utilized. Drainage plans and calculations shall be prepared by a licensed professional engineer and shall be submitted to the Public Works Supervisor for review. Design and construction shall follow Best Management Practices and the standard of care. (Ord. 640, 5-14-2018; amd. Ord. 682, 5-10-2021)
10-7A-19: STRUCTURE AND SITE DESIGN STANDARDS:
A. Minimum Standards: The following minimum standards shall apply:
1. Architectural Character:
a. Facades: Building facades for commercial uses visible from a public street or public space shall incorporate modulations in the facade, including, but not limited to, projections, recesses and stepbacks that articulate wall planes and break up building mass. Facades shall be modulated and articulated. Facades for industrial buildings shall be reviewed and approved by the Design Review Committee.
b. Primary Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building.
c. Rooflines: Roof design shall provide variations in profile through modulation and/or articulation, including, but not limited to, the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and 5) cornices.
d. Pattern Variations: Architectural building design shall not create blank wall segments along public streets and/or adjacent public spaces. Architectural elements, including, but not limited to, windows, awnings and arcades, shall have color, texture and/or materials to mitigate blank walls.
e. Mechanical Equipment: All ground level mechanical equipment shall be screened to the height of the unit as viewed from the property line. All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way.
2. Materials:
a. Exterior building designs shall demonstrate the appearance and use of high quality materials, including, but not limited to, stone, brick, wood or other natural materials, tinted or textured masonry block, textured or architecturally detailed concrete panels, or stucco or stuccolike synthetic materials.
b. In commercial zones, smooth faced concrete block, prefabricated steel panels and/or vinyl materials shall not be used as the primary finish materials, unless accented with other materials. Areas to be accented can include wainscoting, glazing or other architectural elements.
c. In commercial zones, untextured concrete panels are prohibited as finish and/or accent materials.
3. Pedestrian Walkways:
a. A continuous internal pedestrian walkway that is a minimum of five feet (5') in width shall be provided from the perimeter public sidewalk to the main building entrance(s) for nonresidential uses. The walkway width shall be maintained clear of any obstructions, such as vehicles, outdoor sale displays, vending machines or temporary structures and comply with ADA standards.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks.
c. Unobstructed walkways at least five feet (5') in width shall be provided for any aisle length that is greater than one hundred fifty (150) parking spaces or two hundred feet (200') away from the primary building entrance(s).
B. Alternative Compliance: If: 1) the location of existing buildings or structures prevents conformance with the standards of this section; or 2) strict adherence to such standards and/or guidelines would create inconsistency in the design objectives of the proposed development, the zoning administrator may consider an alternative design proposal. The zoning administrator may approve, or recommend approval of, such an alternative compliance proposal when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and is not detrimental to public health, safety, and welfare. (1984 Code § 11-3A-20; amd. Ord. 682, 5-10-2021)
10-7A-20: TRAVELING SLEEPING QUARTERS AND STORAGE:
No motor vehicle or trailer, including, but not limited to, travel trailers, fifth wheels, recreational vehicles and/or motor coaches, shall be used as a residence or as living quarters, except within an approved recreational vehicle park. No recreational equipment, including, but not limited to, tents, tepees, yurts and/or huts, shall be used as a residence or as living quarters. No storage units, including, but not limited to, railroad box cars, pods, mini-storage units, or sheds shall be used as a residence or living quarters. (1984 Code § 11-3A-21; amd. Ord. 682, 5-10-2021)
10-7A-21: UTILITIES:
A. Installation: All utilities shall be installed at or below grade in accordance with the city adopted standards, specifications and ordinances. Applicants shall be responsible for any and all costs associated with the design and construction of utilities.
B. Streetlighting: Streetlighting shall be installed in accordance with Section 10-15D-3.I. of this Code.
C. Water And Sewer Systems: All development shall be connected to the city water and sewer systems.
1. All public water supply or sewer systems shall be constructed in accordance with the city adopted facility/master plans.
2. All new public water supply or sewer systems shall be an extension of an existing public system.
D. Fire Hydrants And Water Mains: Fire hydrants and water mains shall be provided to ensure compliance with appropriate fire zone and fire protection standards. (1984 Code § 11-3A-22; amd. 2014 Code; Ord. 682, 5-10-2021)
10-7B-1: PURPOSE:
A. The regulations of this article are intended to promote landscaping in the city that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability and environmental health of the city.
B. The city recognizes that landscaping can be a significant expense to business people. At the same time, landscaping enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution.
C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of city residents to live, work, shop and recreate in pleasant, healthy and attractive surroundings.
D. These regulations are intended to promote the use of native and other low water use plant materials and to discourage landscaping that requires high water use for maintenance, such as large expanses of lawn. (1984 Code § 11-3B-1)
10-7B-2: APPLICABILITY:
Within commercial and/or industrial zones, a landscape plan shall be required for the following:
A. Existing Structures: All development, redevelopment, additions to existing structures (see below), or site modifications.
B. Common Lots: All common lots in proposed subdivisions and land division plans.
C. Multiple Applications: All applications for a conditional use permit (CUP), preliminary plat (PP), final plat (FP), land division plan (LDP) or planned unit development (PUD). For multiple applications, the same landscape plan should be submitted.
D. Applicability Of Additions To Existing Structures:
1. For additions less than twenty five percent (25%) of the existing structure or developed area, no additional landscaping shall be required.
2. For additions that are twenty five percent to fifty percent (25% - 50%) of an existing structure five thousand (5,000) square feet or larger or developed area, perimeter and right of way landscaping as required shall be installed.
3. For additions greater than fifty percent (50%) of the existing structure five thousand (5,000) square feet or larger or developed area, all current landscape standards shall be met.
4. The additions shall be based upon a ten (10) year, cumulative cycle, commencing on the date of the first addition. (1984 Code § 11-3B-2)
10-7B-3: PLAN REQUIREMENTS:
A. All landscape plans shall include:
One 24" x 36" copy of landscape plan
B. The landscape plan may be on the same site plan used to show parking layout, setback compliance, etc.
C. All landscape plans for developments shall be prepared by a landscape architect, landscape designer or qualified nurseryman. (1984 Code § 11-3B-3; amd. Ord. 682, 5-10-2021)
10-7B-4: PLAN REVIEW PROCESS:
A. Preliminary Landscape Plan Review: A preliminary landscape plan review is recommended prior to submission for all developments, but is not required.
B. Landscape Plan: A landscape plan will be reviewed in accordance with the standards and procedures set forth in this article and approved by the city.
C. Landscape Plan Modification:
1. An approved landscape plan shall not be altered without prior approval of the zoning administrator.
2. No significant field changes to the plan are permitted without prior approval of the zoning administrator.
3. Prior written approval of significant changes is required.
4. All approved changes to the landscape plan shall be documented prior to issuance of a certificate of occupancy. (1984 Code § 11-3B-4)
10-7B-5: STANDARDS AND INSTALLATION:
A. Approved Plant Material: The publication titled "Tree Selection Guide For Streets And Landscapes Throughout Idaho" by the urban forestry unit of the Boise parks and recreation department (latest edition) is hereby adopted by this reference as the city's list of approved and prohibited plant material. The publication categorizes the trees by size as class I, class II or class III trees. The city recognizes that new plant varieties are being produced and will consider other species not listed in the publication.
B. Minimum Plant Sizes: The following are minimum plant sizes for all required landscape areas:
TABLE 1
MINIMUM PLANT SIZES
MINIMUM PLANT SIZES
Type Of Tree | Minimum Size |
Evergreen trees | 6 foot height minimum |
Ornamental trees | 2 inch caliper minimum |
Shade trees | 2 inch caliper minimum |
Woody shrubs | 2 gallon pot minimum |
C. Prohibited Plant Material: The plants listed under trees not permitted for rights of way property planting are prohibited from being planted along any street or within any parking lot regulated by this article. The only exception is that conifers may be planted in the center of street buffers that have a minimum width of twenty feet (20') as measured from the edge of the sidewalk to the street curb. For public safety purposes, the location of such conifers shall maintain view corridors of nonresidential structures.
D. Tree Species Mix: When five (5) or more trees are to be planted to meet the requirements of any portion of this article (including street trees, street buffers, parking lot landscaping and other landscape guidelines), a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. See table 2 of this section.
TABLE 2
REQUIRED NUMBER OF TREES AND SPECIES
REQUIRED NUMBER OF TREES AND SPECIES
Required Number Of Trees | Minimum Number Of Species |
5 to 10 | 2 |
11 to 30 | 3 |
31 to 50 | 4 |
More than 50 | 5 |
E. Plant Quality: All plant material installed pursuant to this article shall meet or exceed the minimum federal standards as regulated by ANSI Z60.1, "American Standard For Nursery Stock".
F. Planting Standards: All trees, shrubs and other plant materials shall be planted using accepted nursery standards as published by the American Association Of Nurserymen (latest edition) including hole size, backfilling and fertilization.
G. Staking: Trees may require staking.
H. Mulching: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock as the only ground cover in required planting areas is prohibited. Road base gravel and similar products shall not be used as mulch. All mulch shall be contained by an edging material to prevent it from migrating to adjacent surfaces.
I. Protective Curbing: All tree planting areas that border drive aisles, parking lots, and other vehicle use areas shall be protected by curbing. Such devices shall be a minimum of thirty inches (30") from all tree trunks to prevent cars from damaging tree trunks.
J. Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees:
1. Overhead Utilities: Only class I trees in the recommended plant list may be planted under or within ten (10) lateral feet of any overhead utility wires.
2. Underground Utilities: All trees shall be planted outside of any easement that contains a city water or sewer main. If any utility easement precludes trees required by this article, the width of the required buffer shall be increased to accommodate the required trees.
3. Trenching: New underground utilities shall stay outside of the drip line of existing trees if trenched, or be tunneled a minimum of three feet (3') below existing grade within the tree's drip line. The guiding principle is that no root two inches (2") or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the city's ability to access existing utilities for repair and maintenance.
K. Erosion Control: The landscape installation shall stabilize all soil and slopes.
L. Berms: Slopes that are not to be mowed shall not exceed two to one (2:1) (horizontal: vertical). Grass that requires mowing shall not be used on slopes steeper than three to one (3:1).
M. Screening: Where screening is required in this article and/or this title, chainlink fencing without slats does not qualify as a screening material. (1984 Code § 11-3B-5)
10-7B-6: IRRIGATION STANDARDS:
A. Irrigation Required: All landscape areas regulated by this article shall be served with a private automatic underground irrigation system. Requirements can be found in section 10-7A-15, "Pressurized Irrigation Systems", of this chapter.
B. Performance Specifications: Three (3) copies of detailed irrigation performance specifications shall be submitted with the landscape plan for all final plats and certificates of zoning compliance. Performance specifications shall state design requirements, materials, construction methods and point of connection, and the following specifications:
1. Coverage: The irrigation system shall be designed to provide one hundred percent (100%) coverage with head to head spacing or triangular spacing as appropriate.
2. Matched Precipitation Rates: Sprinkler heads shall have matched precipitation rates within each control valve circuit.
3. Irrigation Zones: Sprinkler heads irrigating lawn or other high water demand areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs or other reduced water demand areas.
4. Overspray: Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces, such as streets, sidewalks, driveways and parking areas.
C. Backflow Prevention: Provide a backflow prevention device as required by this code.
D. Irrigation Water: Use of nonpotable irrigation water is required when determined to be available. Water availability during the fall and spring seasons may also be required by connecting to temporary city potable water or an on site private well as a secondary source. (1984 Code § 11-3B-6)
10-7B-7: LANDSCAPE BUFFERS ALONG STREETS:
A. Purpose: The intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape, unify diverse architecture, and carry out the master street plan policies related to promoting attractive streets and street beautification.
B. Applicability: Landscape buffers shall be required along all collector and arterial streets within commercial and/or industrial zones.
C. Standards: Standards for landscape buffers along streets shall be as follows:
1. Buffer Size: See the applicable "dimensional standards" table under chapter 6, articles A and B of this title.
a. Measurement/Location:
(1) All street buffers with attached sidewalks shall be measured from the back of sidewalk. Where the city is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate sidewalk location as anticipated by the city. (1984 Code § 11-3B-7)
(2) All street buffers with detached sidewalks shall be measured from the back of curb. Where the city is anticipating future widening of the street as per the master transportation plan, the width of the buffer shall be measured from the ultimate curb location as identified in the master transportation plan. Detached sidewalks shall have a minimum landscaped separation of greater than five feet (5') to back of curb. (Ord. 613, 7-11-2016)
(3) All commercial and industrial street buffers shall be on a common lot or in a permanent dedicated easement buffer, maintained by the property owner or business owners' association.
(4) Except where fences and walls are used solely for decorative landscape elements, fences and walls are permitted only on the interior edge (nonstreet side) of the street buffer. (1984 Code § 11-3B-7)
b. Width Reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted in accordance with chapter 2, "Administration And Enforcement", of this title. The request shall demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back as required in the applicable land use zone. (1984 Code § 11-3B-7; amd. Ord. 613, 7-11-2016)
2. Buffer Landscaping Materials:
a. All required landscape buffers along streets shall be planted with trees and shrubs, lawn, or other vegetative ground cover.
b. The minimum density of one tree per thirty five (35) linear feet is required. If this calculation results in a fraction five (5) or greater, round up to an additional tree. If the calculation results in a fraction less than five (5), round the number down. Clustering of trees is allowed.
c. Large shrubs, hedges and conifers should be used sparingly and in clusters that are well integrated with the landscape design. Such plants shall not screen or create a public safety hazard.
3. Tree Spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. However, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees, as demonstrated in the following examples:
FIGURE 1
TREE SPACING
TREE SPACING
4. Landscaping Within Right Of Way: Landscaping improvements within the right of way shall require a license agreement between the property owner and the city.
5. Impervious Surfaces: Allowed impervious surfaces within the landscape buffer include driveways, outdoor seating, signs and walkways.
6. Berms In Street Buffers: Berm design is subject to the provisions in accordance with this title.
7. Stormwater: Stormwater disposal for private property may be incorporated into the buffer in accordance with this chapter. (1984 Code § 11-3B-7)
10-7B-8: PARKING LOT LANDSCAPING:
A. Purpose: The purpose of parking lot landscaping is to soften and mitigate the visual effect of a large expanse of asphalt in parking lots. Landscaping can also reduce summer heat gain in parking areas and define pedestrianways.
B. Applicability: The requirements for parking lot landscaping shall apply to all commercial and industrial developments, with the following exceptions:
1. Parking spaces adjoining loading areas in industrial zones are excluded from the interior landscape requirements.
2. For parking lot reconstruction, exclusive of sealing, striping, or repaving, all current landscape standards of this section shall be met.
3. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create nonconformity with parking standards, the design review committee shall determine how this article is to be applied.
C. Standards:
1. Parking Lot Perimeter Landscaping: The following standards apply to the perimeter of parking or other vehicular use areas, including drive aisles:
a. Requirement: Provide a five foot (5') wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas, including drive aisles, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas, subject to the following exceptions:
(1) This requirement may be reduced or waived at the determination of the zoning administrator where there is a shared driveway and/or recorded cross parking agreement and easement with an adjacent property.
(2) This requirement may be reduced or waived at the determination of the zoning administrator for truck maneuvering areas in industrial zones.
b. Landscaping: The landscape buffer shall be planted with one tree per thirty five (35) linear feet and shrubs, lawn, or other vegetative ground cover.
c. Encroachments: Structures less than one hundred twenty (120) square feet, including, but not limited to, trash enclosures and storage sheds, may encroach into a required landscape buffer, excluding any buffer to adjoining residential uses.
2. Internal Parking Lot Landscaping: Interior parking lot landscaping shall be required on any parking lot with more than fifteen (15) spaces. The following standards apply to internal landscaping:
a. Planter Size: Landscape planters shall contain a minimum of fifty (50) square feet, and the planting area shall not be less than five feet (5') in any dimension, measured inside curbs. The only exception to the five foot (5') minimum dimension is at the tip of triangular planters located at the end of rows of angled parking.
b. Parking Spaces: No linear grouping of parking spaces shall exceed fifteen (15) in a row, without an internal planter island. Planter islands are also required at the ends of parking rows. The planter island shall run the length of the parking space and may be reduced by two feet (2') in length to allow for improved vehicular maneuvering.
c. Parking Lot Layout: Interior landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent driving across parking spaces. Interior landscape planters shall be spaced as evenly as feasible and at the ends of rows of parking throughout the lot to consistently reduce the visual impact of long rows of parked cars.
d. Trees Required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative ground cover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetative ground cover. Trees shall be centered within the planters. Deciduous shade trees shall be pruned to a minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees and class III trees are prohibited in interior planters. (1984 Code § 11-3B-8)
10-7B-9: LANDSCAPE BUFFERS TO ADJOINING USES:
A. Purpose: The requirements in this section shall apply to landscape buffers in developments adjacent to residential uses. (Ord. 613, 7-11-2016)
B. Applicability: The landscape buffer is required in all commercial and industrial zones on any parcel sharing a contiguous parcel line with a residential land use.
C. Standards:
1. Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows:
a. Mix Of Materials: Buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover. Fences, walls and berms utilized as decorative landscape elements may also be incorporated into the buffer area.
b. Barrier Effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time of the tree maturity.
c. Buffer Wall And/Or Fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant materials, the city may require inclusion of a wall, fence or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least seven feet (7') tall is provided, the planting requirement may be reduced to a minimum of one tree per thirty five (35) linear feet, plus shrubs, lawn or other vegetative ground cover. (See § 10-9-7 for fencing regulations).
2. Minimum Buffer Size: The width of the buffer adjacent to residential land uses for each zone shall be in accordance with "dimensional standards" table under chapter 6, articles A and B of this title. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable land use zone.
3. Pedestrian Access: Landscape buffers shall facilitate existing pedestrian access from residential development to abutting commercial zones.
4. Relationship To Parking Lot Perimeter Requirements: All buffers against residential land uses may include any required perimeter parking lot landscape buffers when calculating the minimum width of the buffer.
5. Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required open space area. All ponds with a permanent water level shall meet the following standards:
a. The pond shall have recirculated water.
b. The pond shall be maintained such that it does not become a mosquito breeding ground. (1984 Code § 11-3B-9; amd. Ord. 682, 5-10-2021)
10-7B-10: TREE PRESERVATION:
A. Purpose: The regulations of this section are intended to preserve existing trees four inch (4") caliper or greater from destruction during the development process.
B. Applicability: Tree preservation is required in all commercial and industrial zones.
C. Standards:
1. Site Plans: Site plans shall make all feasible attempts to maintain existing trees four inch (4") caliper or greater within their design.
2. Landscape Plan: All existing trees greater than four inch (4") caliper shall be shown on the landscape plan, indicating whether each tree is to be retained or removed and including on the plan a description of how existing trees to be retained are to be protected during construction.
3. Protection During Construction: Existing trees that are retained shall be protected from damage to bark, branches and roots during construction. Any severely damaged tree shall be replaced in accordance with this section.
4. Construction Within Drip Line Of Existing Trees: Construction, excavation or fill occurring within the drip line of any existing tree shall be avoided. Specific requirements for construction within the drip line of existing trees are as follows:
a. Paving: Whenever possible, impervious paving surfaces shall remain outside of the drip line of existing trees. When it is not possible, impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus five feet (5').
b. Compaction: A fence or barrier that encloses the entire area beneath the tree canopy shall be in place prior to construction.
c. Utilities: New underground utilities to be placed within the drip line of existing trees shall be installed in accordance with this chapter.
5. Mitigation:
a. Mitigation shall be required for all existing trees four inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: Two 10-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five 4-inch caliper trees, or seven 3-inch caliper trees, etc.)
b. No mitigation is required in the following: 1) existing prohibited trees within the street buffer or parking lot; 2) existing dead, dying or hazardous trees; 3) trees that are required to be removed by another governmental agency having jurisdiction over the project.
6. Required Landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this article.
7. Incentives: The zoning administrator may allow a reduction up to ten percent (10%) of the required parking spaces to accommodate existing trees in accordance with chapter 2, "Administration And Enforcement", of this title. Approval for a reduction in required parking shall be obtained prior to submittal of plans. (1984 Code § 11-3B-10)
10-7B-11: PATHWAY LANDSCAPING:
A. Purpose: The purpose of this section is to promote trees and other landscaping along pathways developed within the city. The required landscaping will provide shade and visual interest along the pathways.
B. Applicability: Wherever pathways are installed and/or required, the landscaping standards within this section shall apply.
C. Standards:
1. Planter Width: A landscape strip a minimum of five feet (5') wide shall be provided along each side of the pathway, except meandering pathways shall require a total landscaped width of ten feet (10'). Designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farther from the pathway, preventing root damage. The minimum width of the landscape strip shall be two feet (2') to allow for maintenance of the pathway.
2. Required Plants: The landscape strips shall be planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. There shall be a minimum of one tree per one hundred (100) linear feet of pathway. If this calculation results in a fraction of five (5) or greater, round up to an additional tree; if the calculation results in a fraction less than five (5), round the number down.
3. Improvements: The pathways shall be paved with three inches (3") of asphaltic concrete or equivalent and shall meet the Americans with disabilities act.
4. Tree Branching Height: Trees along the pathway shall be pruned with a clear branching height of at least eight feet (8') above the path surface.
5. Shrub Height: Shrubs are limited to three feet (3') high or less at mature size to allow for safety provisions and sight distance.
6. Mulch: The solitary use of mulches, such as bark alone without vegetative ground covers, is prohibited. Mulch under the trees and shrubs is required in accordance with this article.
7. Prohibited Trees: No evergreen trees or class III trees shall be planted within the required landscape strip because of safety, sight distance and maintenance concerns.
8. Fences: See section 10-9-7, “Fences”, of this chapter for pathway fencing standards. (1984 Code § 11-3B-11; amd. Ord. 682, 5-10-2021)
10-7B-12: LANDSCAPE MAINTENANCE:
A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times.
B. Applicability: The requirement for landscape maintenance applies in all commercial and/or industrial zones where landscaping has been required.
C. Standards:
1. Responsibility: The property owner is responsible for the maintenance of all landscaping and screening devices required by this article.
2. Topping Prohibited: Topping any street tree required by this article is prohibited.
3. Tree Grates: Tree grates, where utilized, shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public rights of way.
4. Dead And Diseased Plant Materials: Plant materials that exhibit evidence of insect pests, disease and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced. (1984 Code § 11-3B-12)
5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by city officials to determine compliance or to investigate possible noncompliance. (1984 Code § 11-3B-12; amd. 2014 Code)
10-7B-13: INSTALLATION:
A. Certificate Of Completion: A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The certificate of completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan.
B. Installation Schedule:
1. All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final certificate of occupancy.
2. Site improvements that are above and beyond the requirements do not require completion prior to occupancy.
C. Extension Of Time For Installation: The building official, upon recommendation of the zoning administrator, may issue a temporary certificate of occupancy for a specified time period, not to exceed one hundred eighty (180) days when:
1. Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; or
2. The applicant has provided surety to the city for the required improvements. (1984 Code § 11-3B-13)
10-7C-1: PURPOSE:
The purpose of this article is to provide regulations and standards for off street parking and loading facilities with the intent to provide off street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties. (1984 Code § 11-3C-1)
10-7C-2: APPLICABILITY:
The following standards shall apply to any new construction, alteration or moving of a structure, or any new or more intense use of property. The number of off street parking spaces, as set forth in this article, shall be provided for all allowed uses in any district. A greater number of spaces may be required in any application involving a conditional use permit. (1984 Code § 11-3C-2)
10-7C-3: PROCESS:
An off street parking and loading plan shall be required as a component of any discretionary permit or applicable building permit. Such plan shall show the following:
A. The off street parking and loading plan shall contain the location, size and type of all proposed off street parking and loading facilities.
B. If the proposed development project shall be completed in phases, such phases shall be noted on the plan. (1984 Code § 11-3C-3)
10-7C-4: PARKING STANDARDS:
A. Use And Design Of Parking Areas:
1. Type And Number Of Parking Spaces: All parking areas shall be designed and constructed to provide the type and number of off street parking spaces required by this article, and designed as required by this section.
2. Location Of Parking Spaces Relative To Structures: Parking spaces for nonresidential uses shall be located not more than five hundred feet (500') from structures, except as provided by this article.
3. Landscape Buffer: Off street parking spaces shall not be located in any landscape buffer as required by article B, "Landscaping Requirements", of this chapter.
4. Parking Lot Design: Parking lots shall be designed in accordance with section 10-7B-8, "Parking Lot Landscaping", of this chapter.
5. Parking Stall And Driving Aisle Design: Parking stalls and driving aisles shall be designed in accordance with the standards in table 1 of this section.
TABLE 1
REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE
REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE
Parking Angle | Stall Width | Stall Depth | One-Way Drive Aisle1 |
0° (parallel) | 9'0" | 23'0" | 12'0" |
45° | 9'0" | 19'0" | 13'0" |
60° | 9'0" | 19'0" | 17'0" |
90° | 9'0" | 19'0" | 25'0" |
Note:
1. All two-way drive aisles shall be a minimum of 25 feet in width.
6. Design For Standard Vehicles: All required parking as determined by this article shall be designed for standard vehicles.
7. On Site Turnarounds; Connections: All parking areas shall provide on site turnarounds, or connections through to adjacent parking areas or streets, in accordance with the fire department standards for all off street parking spaces and loading facilities.
8. Moving Of Vehicles: The design of off street parking areas shall not require moving any vehicle to gain access to a required parking space.
9. ADA Requirements: It is the responsibility of the applicant to ensure that the parking lot design and sidewalk and/or access provisions meet all Americans with disabilities act (ADA) requirements. (1984 Code § 11-3C-4)
B. Improvements:
1. All off street parking areas and driveways into and through a parking area shall be improved with an appropriately designed section consisting of compacted gravel base and surfaced with asphaltic pavement. Infrequently used parking areas, as determined by the public works supervisor, may be improved with other dustless materials, including, but not limited to, asphalt, concrete, pavers, bricks or recycled asphalt (asphalt grindings). In such cases, the public works supervisor shall review and approve of the dustless material improvement prior to construction. (1984 Code § 11-3C-4; amd. 2014 Code)
2. All parking and loading areas shall provide proper drainage of surface water to prevent the drainage of such water onto adjacent properties, streets, or walkways. (See section 10-15D-6 of this title.)
3. Except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. The public works supervisor may waive this requirement for internal parking spaces not adjoining a property boundary, landscape island, sidewalk, pathway or any similar development feature. This standard shall not apply to temporary uses.
4. When a bumper overhangs onto a sidewalk or landscape area, the parking stall dimensions may be reduced two feet (2') in length if two feet (2') is added to the width of the sidewalk or landscaped area planted in ground cover.
5. Parking spaces and access lanes shall be marked, including handicapped symbols and signs.
6. All lighting provided to illuminate a parking area shall comply with the lighting standards provided in article A, "Standard Regulations", of this chapter.
7. All landscaping improvements shall comply with article B, "Landscaping Requirements", of this chapter.
C. Bicycle Parking Facilities: Bicycle parking facilities shall meet the following location and design standards:
1. Bicycle parking facilities shall be located as close as possible to the building entrance.
2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks or building entrances.
3. It is the responsibility of the applicant to ensure that the bicycle parking facilities meet all Americans with disabilities act (ADA) requirements.
4. Bicycle parking facilities shall support the bicycle and allow the owner to lock the frame and a wheel with one lock.
D. Alternatives: The zoning administrator may approve, or recommend approval of, an alternative off street parking and loading plan, through the alternative compliance process when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article and shall not be detrimental to the public health, safety and welfare. Mitigating circumstances might include, but not be limited to, access to an adequate public transit system and/or an unusually low parking demand. (1984 Code § 11-3C-4; amd. Ord. 682, 5-10-2021)
10-7C-5: REQUIRED NUMBER OF OFF STREET PARKING SPACES:
A. The following standards shall apply for off street vehicle parking for nonresidential uses. In all commercial uses, the minimum requirement shall be one space for every two hundred (200) square feet of gross floor area. In all industrial uses, the requirement shall be one space for every one thousand (1,000) square feet of gross floor area. In the case of warehousing or agricultural product storage where employee access is limited to less than ten (10) employees, the zoning administrator may approve acceptable parking below this standard. Additional parking may be required in circumstances where there would appear to be a public safety concern, i.e. church or school. When, in the determination of the zoning administrator, there is insufficient parking, the applicant shall provide additional on site parking or provide alternatives to on site parking as set forth in this article. The determination by the zoning administrator shall be based on the following criteria:
1. The specific use proposed and/or on the property;
2. Uses in the vicinity of the property;
3. A traffic study, if prepared, forecasting the expected traffic and parking needs expected from the use;
4. The availability of on street, shared and/or public parking within the vicinity of the use; and/or
5. The availability of public transit, vanpooling or other alternative transportation to serve the use.
B. Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this article for the new use.
C. It is the responsibility of the applicant to ensure that the size and number of handicap accessible spaces meets all Americans with disabilities act (ADA) requirements.
D. The required vehicle parking spaces shall be provided and continuously maintained.
E. No required parking area or space provided, as required by this article, shall later be eliminated, reduced or converted in any manner unless other equivalent facilities approved by the zoning administrator are provided.
F. One bicycle parking space shall be provided for every twenty five (25) proposed vehicle parking spaces or portion thereof. (1984 Code § 11-3C-5; amd. Ord. 613, 7-11-2016; Ord. 682, 5-10-2021)
10-7C-6: STANDARDS FOR ALTERNATIVES TO ON SITE PARKING:
Alternatives to providing on site parking as set forth in this article are encouraged in all developments. When required to meet minimum parking standards of this article, alternatives shall include, but not be limited to, shared use facilities, access to transit and availability of other forms of transportation, such as car pools and vanpools.
A. Favorable Conditions: Conditions favorable to providing alternatives to on site parking are as follows:
1. Shared Use:
a. There are convenient pedestrian connections between separate properties;
b. The properties and/or uses are within one thousand feet (1,000') of each other;
c. The principal operating hours of the uses are not in substantial conflict with one another; and
d. Directional signs provide notice of the availability of parking.
2. Alternative Transportation:
a. There is a transit stop within one-fourth (1/4) mile of the use; or
b. There is an incentive program for car pooling, vanpooling or transit supported by the employer.
B. Alternative Transportation: Where alternative modes of transportation are available, on site parking may be reduced by an equivalent amount to the demand that is met by the alternative transportation mode, as documented in a transportation plan prepared by a registered engineer.
C. Agreement:
1. All parties involved with the shared use parking area shall submit a written agreement to the zoning administrator, signed and recorded by the applicable parties involved. The agreement shall specify the following:
a. Party or parties responsible for construction; and
b. Party or parties responsible for maintenance.
2. The applicant or owner shall record such agreement with the Payette County recorder prior to issuance of any permits.
3. The shared use parking agreement may be terminated by the parties only if off street parking is provided in conformance with this article and approved by the zoning administrator prior to the termination. (1984 Code § 11-3C-6)
10-7C-7: OFF STREET LOADING SPACE REQUIREMENTS:
A. Off street loading spaces for commercial and industrial uses shall be provided to prevent delivery vehicles from blocking travel lanes essential for emergency vehicular access.
B. Parking and loading areas shall be designed so vehicles shall not back out into the street.
C. No off street loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless wholly enclosed within a sound attenuating structure, such as masonry block. No off street loading space shall face an abutting residential district.
D. Any off street loading space located within fifty feet (50') of a residential district shall not operate between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. (1984 Code § 11-3C-7)
10-7D-1: PURPOSE:
The regulations of this article are intended to:
A. Require architectural and aesthetic harmony for signs as they relate to building design and surrounding landscaping.
B. Regulate sign size, height, and quality of signs, which will allow for good visibility for the public and the needs of business while providing for the health and safety of the public by minimizing distractions to motorists and pedestrians.
C. Regulate signs that will be compatible with the building, site conditions and land uses the signs are intended to identify.
D. Establish design criteria for signs to promote a well maintained and attractive community, which are compatible with their surroundings, and do not detract from the overall visual quality of the city.
E. Recognize the need for adequate business identification, advertising, and communication for city residents, businesses, employees and visitors.
F. Establish and facilitate easy and agreeable communication between people.
G. Set forth procedures that will facilitate the efficient processing of sign applications.
FIGURE 1
SIGN TYPES
SIGN TYPES
(Ord. 559, 10-22-2012)
10-7D-2: APPLICABILITY:
A. Standards Applicable To Commercial And Industrial Zoning Districts: The sign standards provided in this article are intended to apply to any sign in all commercial and industrial zoning districts in the city. Only signs authorized by this article shall be allowed.
B. Nonconforming Signs: Nonconforming signs are subject to the provisions of section 10-7D-12, "Nonconforming Signs", of this article.
C. Change Of Copy On Signs: A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accordance with this article; provided, that the sign or sign structure is not altered in any way.
D. Exemptions: The provisions of this article shall not apply to the following:
1. Public hearing notice signs as required by city ordinance.
2. Conventional flags, emblems, or insignia of any national or political subdivision or corporation.
3. Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, that are erected by or on the order of a public officer in the performance of public duty.
4. Any sign erected by or under the authority of the city for direction to places of general interest, including, but not limited to, schools, colleges, auditoriums, fairgrounds, hospitals, airports, parks, and playgrounds.
5. Signs located within the interior of any business and are attached to the window glass.
6. Memorial signs or tablets, names of buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building.
7. Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, that may be of any type, number, area, height above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected.
8. Historical signs or markers.
9. Signs related to temporary uses regulated by the provisions of this code shall not require a sign permit under the provisions of this article, but shall comply with any and all applicable provisions of this code. (Ord. 559, 10-22-2012; amd. Ord. 682, 5-10-2021)
10-7D-3: DEFINITIONS:
The following definitions apply to signs:
AWNING SIGN: The copy area or separate background areas attached to an awning.
BACKGROUND AREA: The area comprising the portion of a sign on which copy could be placed, not including the supporting structure. The background area shall be computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy. When computing the area of sign background, only the face or faces that may be seen from one direction at one time shall be considered. If a sign consists of individual letters, only the total area enclosed by straight lines drawn to enclose each letter shall be computed as sign background area.
BANNER: A sign made of fabric or other similar nonrigid material with no enclosing framework or electrical components that is supported or anchored on two (2) or more edges or at all four (4) corners. Banners also include nonrigid signs anchored along one edge or two (2) corners.
BUILDING SIGN ALLOWANCE: The allowed sign area for each elevation, excluding freestanding signs and including awning signs, canopy signs, changeable copy signs, hanging signs, projecting signs, wall signs, and window signs.
BUSINESS IDENTIFICATION SIGN: A sign that serves to identify only the name, address, and lawful use or uses of the premises upon which it is located.
CANOPY SIGN: The copy area or separate background areas attached to a canopy.
CHANGEABLE COPY SIGN: A sign on which copy may be changed, whether manually or electronically:
Animated Changeable Copy Sign: A changeable copy sign, any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene, regardless of the source of energy causing the animation.
Manual Changeable Copy Sign: A changeable copy sign, any visible part of which is constructed with removable letters and is not electronically changeable.
CONFORMING SIGN: A sign that conforms to the requirements of this article.
CONSTRUCTION SIGN: A sign on a property or portion thereof that has a valid and active building permit.
COPY: Any combination of letters, the space between the letters, numbers, identifying print, symbols, illustrations, logos, or other graphic elements which conveys information.
COPY AREA: The area of the sign occupied by "copy", as defined herein.
DIRECTIONAL SIGN: A freestanding sign directing automobile movement through a site that has a drive-through establishment.
FREESTANDING SIGN: A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any other structure.
FREESTANDING SIGN ALLOWANCE: The allowed sign area for a property, excluding building signs and including freestanding signs, directional signs, and banners and/or other signs attached to freestanding structures, such as a pole.
HANGING SIGN: A sign suspended below an awning and/or a canopy.
HEIGHT: The height of a sign shall be computed by measuring the distance measured vertically from the top of curb of the abutting street (or, where no curb exists, from the edge of pavement) to the highest point of the sign or visual appurtenance(s). The height of any landscape berm or other structure erected to support or ornament the sign shall be measured as part of the sign height. This allowance does not apply to streets that are part of a freeway interchange or overpass.
ILLEGAL SIGN: Any sign and/or sign structure that does not conform to the requirements of this article and for which a permit was never issued and that cannot meet the requirements of a nonconforming sign. A sign and/or sign structure lacking a current and valid permit.
ILLUMINATED SIGN: A sign that uses a source of light for illumination, including, but not limited to, the following:
A. Direct Illumination: A source of light located away from the sign that lights the sign and is visible to persons viewing the sign from a street, sidewalk, parking area or neighboring property.
B. Indirect Illumination: A source of light located away from the sign that lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk, parking area, or neighboring property.
C. Internal Illumination: A source of light that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.
D. Neon Tube Illumination: A source of light for externally lit signs supplied by a neon tube that is bent to form letters, symbols, or other shapes.
INFORMATION SIGN: A sign displayed strictly for the direction, safety, or convenience of the public and which sets forth no advertisement. Information signs include signs which identify parking areas and drives, restrooms, addresses, telephones, exits and entrances, no trespassing areas, danger areas, and similar information.
MARQUEE: A permanent roofed structure attached to and supported by the building and projecting over public property.
NONCONFORMING SIGN: A sign, sign structure, or use of a sign lawfully existing prior to the adoption of this article, but that does not now conform to the dimensional and/or locational standards for the district in which it is located.
OFF PREMISES OUTDOOR ADVERTISING SIGN: Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform and which is situated in order to be visible from any highway, or other traveled way and which is located on property which is separate from and not adjoining the premises or property on which the advertised activity is carried out.
POLE COVER: Decorative treatment that encloses the support structure of a freestanding sign.
PORTABLE SIGN: Any A-frame, T-frame, and similar freestanding, movable signs that are placed on the sidewalk for the promotion of a business and/or product and is taken off the sidewalk at the closure of each business day.
PROJECTING SIGN: A sign other than a wall sign that projects from and is supported entirely by a wall of a building or other structure. The projection of a sign is measured by the distance by which a sign extends beyond the building line.
ROOF SIGN: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the eaves of the roof, with the exception that a mansard roof sign is treated as a wall sign.
SCROLLING: Text or graphics, usually as part of an electronic reader board, which moves up or down or across a display screen in a consistent and predictable manner.
SIGN: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing.
SIGN STRUCTURE: Any structure that is specifically designed to support a sign, including decorative cover.
SUBDIVISION IDENTIFICATION SIGN: A freestanding sign that identifies a platted subdivision.
TEMPORARY SIGN: Any display constructed of cloth, canvass, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only.
UNDER AWNING SIGN: See definition of Hanging Sign.
UNDER CANOPY SIGN: See definition of Hanging Sign.
VEHICLE SIGN: A sign on a vehicle of any kind that is directly affixed to the body of the original vehicle, including, but not limited to, magnetic decals, vinyl stickers, vinyl wraps, and/or paint.
WALL AREA: The wall surface of a single-tenant structure or the storefront of a multi-tenant structure.
WALL SIGN: Any sign that is attached, erected, or painted on the exterior wall of a structure with the exposed face of the sign parallel to the wall. (Ord. 559, 10-22-2012; amd. Ord. 682, 5-10-2021)
10-7D-4: PROCESS:
A. Application Required: For projects requiring a sign permit approval, the applicant shall submit a sign permit application. Except as otherwise provided in this article, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without a sign permit.
1. An application and fees, in accordance with chapter 2, "Administration And Enforcement", of this title, shall be submitted to the zoning administrator on forms provided by the zoning administrator.
2. The zoning administrator shall apply the standards listed in this article to review the sign permit request.
3. The city's design guidelines shall apply in the evaluation of sign permit applications to ensure that signs meet or exceed the intent of the design guidelines.
4. No sign permit shall be issued for any property and/or business that has an outstanding notice of violation.
B. Effect Of Issuance: No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign, nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
C. Maintenance: It shall be the responsibility of the property owner to continually maintain any and all signs on his/her property. The sign, copy, and materials shall be maintained and kept in good condition and repair to guard against decay, unsafe, and poorly maintained signs.
D. Inspection: The zoning administrator and/or building official are hereby empowered to enter or inspect, upon notification of the property owner or manager, any building, structure or premises in the city on which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists.
E. Signs Declared Hazardous: The zoning administrator and/or building official shall have the authority to order the repair or structural alteration for safety of signs that present a hazard to the public. Upon finding that any sign endangers public safety, the zoning administrator and/or building official may declare the sign hazardous. The zoning administrator and/or building official shall send the owner written notice that the sign has been declared hazardous, specifying the reasons why the sign endangers public safety, and order that the sign be repaired or removed by the owner within thirty (30) days. If a sign determined to be hazardous presents an immediate and serious danger to the public, it may be immediately removed by the city without prior notice and the removal costs charged to the owner.
F. Time Limitations On Sign Permit Approval:
1. Where the sign permit also requires a building permit, the zoning administrator approval shall be governed by the building permit. That is to say, that as long as the building permit is valid, the zoning administrator approval is valid as well. If the building permit is deemed expired, the zoning administrator approval of the sign permit expires as well.
2. Where the sign permit does not require a building permit, the zoning administrator approval shall become null and void if erection or construction of the sign on site is not commenced within six (6) months from the date the permit was issued. If work authorized by such permit is suspended or abandoned for six (6) months at any time after the work is commenced, the permit shall be null and void.
3. For any expired sign permit, the applicant shall obtain a new sign permit. (Ord. 559, 10-22-2012; amd. 2014 Code; Ord. 682, 5-10-2021)
10-7D-5: PROHIBITED SIGNS:
The following types of signs are prohibited:
A. Any sign not specifically allowed by this article as determined by the zoning administrator.
B. Any private signs within public rights of way or upon city owned property. This shall not prohibit the transportation authority or city from placing signs on such property.
C. Any signs which, because of color, wording, design, size, movement, location or illumination, resemble or conflict with any traffic control device or with the safe and efficient flow of traffic.
D. Any sign displaying red, amber, blue or blinking intermittent light likely to be mistaken for a warning or danger signal.
E. Any signs that emit any sound, odor or visible matter.
F. Any abandoned nonconforming signs.
G. Any sign not maintained in a safe condition.
H. Any sign that includes strobing, revolving or flashing lights.
I. Any sign using a prohibited light source as set forth in this article.
J. Any signs within the clear vision triangle as set forth in section 10-9-8 of this title.
K. Any signs for illegal uses.
L. Any sign within any stream or drainage canal or within a floodway.
M. Any signs illegally tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, utility poles, street sign posts, or other objects. (Ord. 559, 10-22-2012; amd. Ord. 682, 5-10-2021)
10-7D-6: CONSTRUCTION SIGNS:
The following standards shall apply to properties under construction:
A. General Standards For Construction Signs By Owner And/Or Developer:
1. Any construction sign shall not be erected prior to issuance of a valid building permit. If such building permit lapses or ceases to be valid, any construction sign shall be removed immediately.
2. Any construction sign shall not be erected more than thirty (30) days prior to commencement of construction.
3. Any construction sign shall be confined to the site of construction.
4. Any construction sign shall be removed five (5) days after completion of construction and prior to occupancy.
5. A maximum of three (3) construction signs are allowed per property.
6. All construction signs shall meet the setback standards of this article.
7. A permit is not required for any construction sign.
8. The maximum background area for construction signs shall not exceed thirty two (32) square feet.
9. The maximum height of any construction sign shall not exceed twelve feet (12'). (Ord. 559, 10-22-2012; amd. Ord. 682, 5-10-2021)
10-7D-7: BUSINESS IDENTIFICATION SIGNS:
The following standards shall apply to business identification signs:
A. Abandoned Signs: Except as otherwise provided in this code, any sign and/or sign structure located on property that has been continuously vacant for a period exceeding six (6) months or longer shall be deemed as abandoned.
1. An abandoned nonconforming sign and/or sign structure is subject to the standards set forth in this article.
2. An abandoned conforming sign and/or sign structure may remain.
B. Sign Maintenance And Repair: The owner of any sign and/or the owner of real property on which any sign is located shall maintain such signs and/or sign structures in a state of good appearance, security, safety and repair, including, but not limited to, the following:
1. Any metal pole covers and sign cabinets shall be kept free of rust and rust stains.
2. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain nonilluminated until repaired.
3. Any sign that has been damaged to such extent that it may pose a safety hazard shall be repaired or removed immediately.
4. Any exposed lamps or ballasts shall be prohibited.
C. Setbacks And Location Of Freestanding And Temporary Signs: No part of a freestanding and/or temporary sign, including the footing, shall be located closer than five feet (5') from any street property line and twelve and one-half feet (121/2') from any rear or interior side property line, unless greater separation is required.
D. Signs On Property Abutting Residential District: The following standards shall apply to all signs on a property abutting a residential district:
1. Illuminated freestanding signs shall be allowed in the required street landscape buffer.
2. Illuminated freestanding signs not in the required street landscape buffer shall be less than eight feet (8') in height or shall be located greater than one hundred feet (100') from any residential district.
3. Illuminated building signs shall not face a residential district unless located greater than one hundred feet (100') from such residential district, unless otherwise approved by city through the design review process.
E. Building Sign Design: All awning signs, canopy signs, hanging signs, projecting signs, and/or wall signs for business identification shall meet the following design standards:
1. The elements comprising the sign, including, but not limited to, areas devoted to copy, background area, supports, lighting fixtures, and any other architectural appurtenances or detailing, shall be harmonious in scale and proportion and the design of the sign, including color scheme, shall be compatible with the wall face.
2. Signs shall be designed and constructed with a material or combination of materials that are durable and contribute to an aesthetic appearance.
3. No sign and/or sign structures shall diminish the aesthetics or architectural integrity of the structure to which it is attached. For example, cabinets shall not cut across columns or other architectural features.
F. Freestanding Sign Design: All freestanding signs for business identification shall meet the following design standard:
1. The elements comprising a freestanding sign, including, but not limited to, areas devoted to copy, bases, podiums, supports, structures, caps, lighting fixtures, and any other architectural appurtenances or detailing, shall be harmonious in scale and proportion to all other elements of the sign and the entire sign as a whole to create a unified and aesthetic appearance.
2. Freestanding signs shall be designed and constructed with a material or combination of materials that are durable and contribute to an aesthetic appearance.
3. Architectural appurtenances or other decorative elements that do not contain copy are allowed up to a maximum of fifteen percent (15%) of the district’s allowable sign height.
4. Special decorative elements, such as sculptured metal, wrought iron or other aesthetically pleasing materials that are incorporated into the support structure design and do not fully enclose the structure may be allowed, when such decorative elements meet or exceed the intent of this subsection.
G. Street Address: All freestanding signs, except as otherwise approved for residential subdivision identification, shall include the street address of the subject property and shall meet the following standards:
1. The placement of the street address on the sign shall be in addition to any address required to be placed on the structure, unless otherwise authorized by the fire department.
2. Numbering shall be a minimum of four inches (4") tall and be of a contrasting color. Along arterial streets, numbering shall be a minimum of six inches (6") tall and be of a contrasting color. Additionally, any freestanding sign located on a corner property shall include the address.
3. Street addresses shall not be included in the calculation for sign background area, except for those portions that are used to identify the business name, e.g., the 123 Main Street Daycare Facility.
4. Signs that identify multiple structures and/or addresses may provide a range of addresses.
5. No permit is required.
H. Awning Signs: Awning signs, when allowed by this article, shall meet the following standards:
1. Awning signs shall be nonilluminated or may have indirect or internal illumination. Direct and/or neon tube illumination are prohibited.
2. Any awning sign shall not extend above the top of the awning structure.
3. A permit is required for any awning sign.
I. Canopy Signs: Canopy signs, when allowed by this article, shall meet the following standards:
1. Any canopy sign shall not extend above the top of the canopy structure.
2. Canopy signs may be nonilluminated or may have indirect or internal illumination. Direct and neon tube illumination are prohibited. Neon tube illumination along the perimeter is allowed.
3. A permit is required for any canopy sign.
J. Changeable Copy Sign Proposed As Building Sign: Changeable copy signs proposed as building signs, when allowed by this article, shall meet the following standards:
1. All changeable copy building signs shall count as part of the building sign allowance as set forth.
2. Changeable copy building signs are allowed for a maximum of fifty percent (50%) of the proposed sign background area.
3. A permit is required for any changeable copy building sign.
K. Changeable Copy Sign Proposed As Freestanding Sign: Changeable copy signs proposed as freestanding signs, when allowed by this article, shall meet the following standards:
1. Changeable copy freestanding signs are allowed for a maximum of fifty percent (50%) of the proposed sign background area.
2. All changeable copy freestanding signs shall meet the setback standards in subsection M3 of this section.
3. A permit is required for any changeable copy freestanding sign.
L. Directional Signs: Directional signs, when allowed by this article, shall meet the following standards:
1. Directional signs shall only be allowed where there is automobile movement through a site that has a drive-through establishment.
2. Directional signs may be nonilluminated or have internal illumination. Direct, indirect, and neon tube illumination are prohibited.
3. All directional signs shall meet the setback standards.
4. The maximum background area of any directional sign shall not exceed four (4) square feet. Any directional sign may be single or double sided.
5. The maximum height of any directional sign shall not exceed four feet (4').
6. A permit is required for any directional sign.
M. Freestanding Signs: Freestanding signs, when allowed by this article, shall meet the following standards:
1. Freestanding signs may be nonilluminated or may have indirect or internal illumination. Neon tube and direct illumination are prohibited.
2. All freestanding signs shall meet the setback standards.
3. All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. The landscaped area shall include plants, ground cover, and materials that contribute to an aesthetic appearance and maintain clear vision for pedestrians and vehicles. The required landscaping area may be integrated with adjacent landscaping buffers, parking areas, or the vegetation surrounding an adjacent structure. One sign per street frontage is allowed.
4. A permit is required for any freestanding sign.
N. Hanging Signs: Hanging signs, when allowed by this article, shall meet the following standards:
1. Hanging signs may be nonilluminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited.
2. The length of hanging signs shall not exceed fifty percent (50%) of the canopy width.
3. Any hanging sign under a canopy shall have a minimum vertical clearance of thirteen and one-half feet (131/2') from any driving surface.
4. Any hanging sign under an awning shall have a minimum vertical clearance of eight feet (8') from any sidewalk, walkway, and/or pathway.
5. Only one hanging sign shall be allowed per business entrance.
6. A permit is required for any hanging sign.
O. Portable Signs: Portable signs, when allowed by this article, shall meet the following standards:
1. The placement of any portable sign shall be limited to the portion of the sidewalk that is located directly in front of the business applying for the sign permit and shall not be placed in front of another business.
2. It shall be the responsibility of the property owner to comply with the Americans with disabilities act (ADA) standards for pedestrian walkways and clearance for handicap accessible parking stalls.
3. A maximum of one portable sign is allowed per entrance with no more than one portable sign per street frontage.
4. The maximum background area of any portable sign side shall not exceed eight (8) square feet. Any portable sign may be single or double sided.
5. Portable signs shall be constructed of stable and durable materials that will hold up under adverse weather conditions.
6. A permit is required.
P. Projecting Signs: Projecting signs, when allowed by this article, shall meet the following standards:
1. Projecting signs may be nonilluminated or may have indirect, internal, or neon tube illumination, except illumination shall be prohibited where projecting signs are attached and/or affixed to a second story where residential uses are located within fifty feet (50') of such sign. Direct illumination is prohibited.
2. The projecting sign shall project no more than four feet (4') from the building.
3. The projecting sign shall be pinned away from the building at least six inches (6").
4. The projecting sign shall have a minimum clearance of eight feet (8') from grade.
5. The projecting sign shall not extend vertically above the lowest of the following: the roofline or eighteen feet (18').
6. Only one projecting sign shall be allowed per business per street frontage.
7. A permit is required for any projecting sign.
Q. Wall Signs: Wall signs, when allowed by this article, shall meet the following standards:
1. Wall signs for a tenant shall be located over the main public entrance.
2. No wall sign shall exceed the height of the wall face.
3. Wall signs may be nonilluminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited.
4. A permit is required for any wall sign.
R. Temporary Signs: Temporary signs, when allowed by this article, shall meet the following standards:
1. Purpose: The purpose of this section is to allow additional business identification signs for a temporary duration.
a. Applicability: This section shall apply to all allowed nonresidential uses in all districts. Temporary sign types include: air-activated graphic, balloon, banner, blade, feather, flag, inflatable device, light pole banner, pennant, portable message center, teardrop, and yard sign.
b. Exemptions: The provisions of this section shall not apply to handheld signs. Handheld signs are allowed and do not require a permit.
c. General Standards for Temporary Signs: The following standards shall apply to all temporary signs in all districts:
(1) All temporary signs shall be securely fastened to the ground or to a permanent structure. Signs shall be erected in a manner that does not create a potential hazard of any kind. The attachment line for inflatable signs shall not be within ten feet (10') of the nearest overhead power line.
(2) No temporary sign shall be illuminated. Illumination is prohibited.
(3) No temporary sign shall be located within a public right-of-way.
(4) All temporary signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately.
(5) Temporary signs shall maintain a minimum twenty-five feet (25') of spacing from any and all other approved freestanding and limited duration signs.
(6) The background area for freestanding temporary signs shall not exceed twenty (20) square feet.
(7) Balloons and other inflated devices that are temporary signs shall be no greater than one and one-half (11/2) times the maximum building height within the district.
(8) Electrical components shall be prohibited as part of a temporary sign, except electrical pumps may be allowed for balloons and other inflated devices.
(9) No permit is required. (Ord. 559, 10-22-2012; amd. Ord. 580, 6-9-2014; Ord. 682, 5-10-2021)
10-7D-8: NONACCESSORY OR OFF PREMISES SIGNS:
A. Definition: “Nonaccessory or off premises signs” are signs which are not related to the property upon which they are located, or to the activities being conducted thereon. Nonaccessory or off premises signs include large general advertising signs known as billboards and signs advertising a nearby but off site business. Nonaccessory or off premises signs do not include benches which are expressly designed for human seating while waiting for public conveyances and which have advertising painted thereon, nor do they include corresponding shelters which may be installed for protective purposes around the benches.
B. New Billboards Prohibited: No new nonaccessory, off premises, general advertising signs of the billboard category are allowed. Existing billboards may be allowed to relocate if the new site is approved based upon the findings and criteria set forth in this section. Existing nonaccessory or off premises signs of the billboard category may be replaced structure for structure.
C. Equivalents For Relocation: An existing, single faced sign may be proposed at a new location as a double faced sign on a single sign structure. An existing double faced billboard sign cannot be relocated as two (2) single faced signs. Applications for billboard sign relocation must reflect the size of the sign that is being replaced or relocated. V-shaped, double faced, billboard signs shall be considered a single sign structure as long as the angle between the sign faces does not exceed thirty five degrees (35o).
D. New Signs Prohibited: There shall be no permits issued for any new off premises signs or billboards for any property within the City limits. Existing off premises signs or billboards shall be allowed to continue subject to the following set out limitations. Those signs or billboards may be moved within the City limits.
E. Distance And Spacing Requirements:
1. No off premises sign may be moved to within one thousand feet (1,000') in any direction of another off premises sign.
2. In addition to finding that a proposed off premises sign complies with all general requirements and spacing regulations as described in this article, the Planning and Zoning Commission must make all of the following findings in permitting such a sign:
a. The location and placement of the sign will not endanger motorists or pedestrians and does not cause undue distraction to traffic on the adjacent street or impede views at street or railroad intersections.
b. The sign will not cover or blanket any prominent view of a structure or facade of historical or architectural significance.
c. The sign will not obstruct view or uses of adjacent building to side yards, front yards or to open space.
d. The sign will not distract, intrude upon or negatively impact the visual quality of a public open space, such as a public recreation facility, square, plaza, courtyard and the like.
e. The sign is compatible with building heights of the existing neighborhood and does not impose a foreign or inharmonious element to an existing skyline.
f. The sign’s lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect or spill onto adjacent business or residential areas.
F. Directional Off Premises Signs:
1. A “directional off premises sign” is one that identifies a premises not located on the same property as the sign and gives directional information to the reader to the off site location.
a. Such a sign may be freestanding or flush wall mounted. It may or may not be illuminated.
b. A directional off premises sign shall not be constructed until the builder has first obtained a conditional use permit for the sign.
G. Conditional Use Permit Required: No nonaccessory, off premises, general advertising signs of the billboard category may be moved without first obtaining a conditional use permit from the Planning and Zoning Commission. No sign which is permitted by this section shall be constructed without first obtaining a building permit from the City building official.
H. Allowed Use: Benches which are expressly designed for human seating while waiting for public conveyances and which have advertising painted or affixed thereon, together with their corresponding shelters, may be placed in all designated land use areas at places where public transportation vehicles stop to admit passengers; provided, that the placement is in a safe and convenient location and the placement is approved by the City Council.
I. Penalty: In addition to, or in lieu of, any criminal charges, the City shall be allowed to bring an action for abatement. In any such action, the City shall be allowed to recover all fees and costs. (Ord. 559, 10-22-2012; amd. 2014 Code; Ord. 682, 5-10-2021)
10-7D-9: STANDARDS FOR VEHICLE SIGNS:
The following standards shall apply to vehicle signs used for business identification and parked within public rights-of-way or within public property:
A. Purpose: The purpose of this section is to allow vehicle signs.
B. Applicability: This section shall apply to all vehicle signs for vehicles that are parked within public rights-of-way or on public property.
C. Process: Vehicle signs that meet the standards set forth in this article are allowed and do not require a permit. Any vehicle signs that do not meet the standards set forth in this article may be considered for approval as a business identification sign or temporary sign.
D. Standards For Vehicle Signs: The following standards shall apply to vehicle signs:
1. Any vehicle sign shall not project or extend beyond two inches (2") from the original manufactured body proper of the vehicle.
2. Any vehicle sign shall be magnetic decals, vinyl stickers, vinyl wraps, and/or painted directly to the body of the original vehicle.
3. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate.
4. The vehicle to which the sign is affixed shall not be permanently parked on a public street or street right-of-way.
5. The parking of any idle vehicle or trailer on any public right-of- way or public property for more than seventy two (72) hours and which has affixed to it a vehicle sign is prohibited. (Ord. 559, 10-22-2012; amd. Ord. 682, 5-10-2021)
10-7D-10: NONCONFORMING SIGNS:
A. Any nonconforming signs that lawfully existed prior to the effective date hereof are allowed to continue until they are removed, but not to encourage their continuation. It is further the intent of this section that nonconforming signs shall not expand or extend the nonconforming aspect of the sign unless approved subject to a conditional use permit.
B. These regulations shall apply to any lawfully existing sign in any commercial or industrial district, except, in the event that a sign that was deemed nonconforming under past regulations now complies with the standards of this article, such sign shall be deemed conforming.
C. Except as set forth in this section, a nonconforming sign shall lose its nonconforming status and may become an illegal sign if any of the following occur:
1. The sign and/or sign structure is removed.
2. The sign and/or sign structure is replaced and/or moved for any period of time.
3. There is a change in, cessation of, and/or abandonment of the use of the property, or any portion thereof, on which the sign and/or sign structure is located.
4. There are alterations or enlargements to the site or building on the property in excess of twenty five percent (25%) or more of the existing site or building. The amount of alterations and/or enlargements shall be cumulative over time.
5. The sign and/or sign structure is damaged to the extent of more than fifty percent (50%) of its replacement value.
D. Any nonconforming sign that is subject to Idaho Code section 40-1910A related to the removal of off premises outdoor advertising along State highways shall lose its nonconforming status and may become an illegal sign if any of the following occur:
1. The sign and/or sign structure is moved.
2. The sign structure is replaced and/or removed for any period of time.
E. Where a nonconforming sign becomes an illegal sign, the owner of the property on which the illegal sign is located shall:
1. Remove the sign within sixty (60) days;
2. Bring the sign into full compliance with this article within sixty (60) days; or
3. Submit a complete application for conditional use approval within thirty (30) days and subsequently gain approval reinstating the nonconforming status of the sign. If the conditional use is not approved, the owner of the property on which the sign is located shall remove the sign within thirty (30) days. (Ord. 559, 10-22-2012; amd. Ord. 682, 5-10-2021)
10-7E-1: PURPOSE:
A. The purpose of the land division is to allow the creation of up to four (4) nonresidential parcels within commercial or industrial zones without being subject to the procedural provisions of the preliminary and final plat regulations of this title.
B. The land division plan shall ensure that the collective lots continue to function as one site with respect to, but not limited to, lot access, interior circulation, parking, open space and drainage facilities.
C. The approval of the land division plan shall be valid for a period of five (5) years. Should the improvements not be completed as agreed upon within that time frame, an application may be made for an extension or for a new or amended plan. (1984 Code § 11-3E-1)
10-7E-2: PROCESS:
A. Submittal To Zoning Administrator: The land division plan is an administrative process. An application and site plan shall first be submitted to the zoning administrator for review and approval. The zoning administrator may require the site plan be reviewed by the design review committee.
B. Process Specified: The land division plan process shall include:
1. Applicant to submit a parcel description and a completed application on the required forms as provided by the city.
2. Applicant to prepare and submit a land division site plan drawing.
3. Applicant to prepare and submit a draft land division record of survey.
4. If public improvements are required, submit two (2) sets of complete construction drawings and specifications prepared by a licensed professional engineer. The plans shall be reviewed by the city’s qualified licensed professional engineer (QLPE). Approval of said plans by the QLPE is required.
5. A preliminary cross access, parking and open space agreement to be shared among the proposed parcels.
6. A preliminary land division agreement in a form as prescribed by the zoning administrator. It shall refer to the land division site plan and shall address the items shown in the plan, i.e., public and private streets, public utilities, etc., indicate the proposed schedule of each phase, and be signed by the landowner and developer. (1984 Code § 11-3E-2; amd. Ord. 682, 5-10-2021)
10-7E-3: CONTENTS OF LAND DIVISION SITE PLAN DRAWING:
Land division site plan drawings shall be prepared in accordance with this article and presented to scale, on sheets with a maximum size of twenty four inches by thirty six inches (24" x 36"). The following information shall be legible and shall appear on the proposed land division site plan drawing:
A. The proposed name of the land division site plan.
B. The scale of the drawing.
C. The date of the drawing.
D. The name and address of the engineer, surveyor or individual responsible for creating the land division plan. Drawings prepared by an engineer, surveyor or architect shall bear the appropriate professional stamp and signature.
E. North arrow.
F. The location and typical section of all existing and proposed streets (public and private), rights of way and easements within and adjacent to the proposal and labeling each of the foregoing width and name.
G. Layout of the exterior parcel boundary with distances and bearings, together with all existing and proposed subparcels, including dimensions and square footage.
H. Subparcels labeled numerically, i.e., parcel 1, parcel 2, etc.
I. The name and locations of adjacent subdivisions and land division site plans.
J. The location and use of all existing and proposed structures. Pad sites can be identified as such, in lieu of depicting proposed structures.
K. The location and purpose of all property to be dedicated to the public.
L. The horizontal layout of existing and proposed water systems, sewer systems and irrigation systems.
M. Existing land features, such as ditches, contour lines, pipelines, trees, waterways, irrigation facilities, etc., extending one hundred feet (100') beyond the parcel.
N. A declaration that all development of the property shall conform to that shown on the land division plan. (1984 Code § 11-3E-3; amd. Ord. 682, 5-10-2021)
10-7E-4: LAND DIVISION SITE PLAN APPROVAL:
A. Compliance With Procedures: Land division site plan applications shall be processed in accordance with these procedures.
B. Considerations: Applications for a land division plan shall be approved, approved with conditions or denied based upon a determination by the zoning administrator that:
1. Appropriate provisions are made for the public health, safety and welfare, including adequate access and utilities; and
2. The land division plan complies with all applicable requirements; and
3. Open space, parking, access and other improvements shared among contiguous properties and subject to conditions of use, maintenance and restrictions on redevelopment are identified on the land division plan and enforced by covenants, easements or other similar mechanisms.
C. Development Agreement: The zoning administrator may require a development agreement to accompany the land division site plan. The process shall be in accordance with chapter 8 of this title. (1984 Code § 11-3E-4)
10-7E-5: CONTENTS OF LAND DIVISION RECORD OF SURVEY:
A. Land Division Plan Record Of Survey: After the land division plan application is approved by the zoning administrator, a land division plan record of survey (LDP-ROS) shall be prepared and recorded with the Payette County recorder. The LDP-ROS shall conform to the requirements of Idaho Code title 55, chapter 19 and the monuments shall conform to Idaho Code title 50, chapter 13, and section 50-1303. It shall be entitled, "Land Division Plan No. Record Of Survey, City Of Fruitland, Idaho".
B. Content: The LDP-ROS shall depict the exterior boundary and the monuments found or set. It shall be tied to a minimum of two (2) land corners. All proposed public or private streets and all public utility easements shall be shown and dimensioned. The proposed interior parcel lines shall be depicted but are subject to revision by either amended or subsequent land division plans. The LDP-ROS shall include a statement, signed and notarized by the owner, authorizing the preparation of the LDP-ROS and the dedication of the public right of way and utility easements. The LDP-ROS shall also have a statement of approval to conformance to the LDP-ROS, signed by the zoning administrator, which shall be executed prior to recording of the LDP-ROS. A certificate of the Payette County recorder shall also be included. (1984 Code § 11-3E-5)
C. Land Division Agreement: A land division agreement shall be prepared and executed by the owner and the zoning administrator and recorded with the Payette County recorder.
D. Record Of Survey: Final parcels may be created, prior to sale of the parcel, by a recorded metes and bounds description and an accompanying record of survey. The record of survey shall indicate the recorded description of the parcel, show the monuments set, and be labeled as a “Record Of Survey For Parcel Number Of Land Division Plan No. , City Of Fruitland”. The plat shall include a signed statement, by the zoning administrator, that the LDP-ROS is in conformance with the approved land division plan.
E. Creation Of Additional Right Of Way Or Easement: The creation of any additional public right of way and/or utility easements shall be by recorded documents signed and executed by the landowner and the city. The easement shall be executed after the construction of the proposed public streets defined on the approved land division plan, as approved in writing by the city engineer.
F. Copies Of Recorded Documents: Paper copies of the recorded LDP-ROS shall be provided to the zoning administrator at the applicant’s expense. (1984 Code § 11-3E-5; amd. Ord. 613, 7-11-2016; Ord. 682, 5-10-2021)
10-7E-6: DEDICATIONS:
In order to meet the public interest, approval of a land division plan may be conditioned upon dedications for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools, and other needs of the public in accordance with local, state and federal law. Any dedications required as a condition shall be noted on the land division site plan drawing. The owner shall be responsible for the design and construction of any and all required improvements. See subsection 10-7E-5E of this article. (1984 Code § 11-3E-6)
10-7E-7: LIMITATION UPON DEVELOPMENT:
A. All parcel dimensions and setbacks shall meet the requirements established by this title and/or building codes.
B. All conditions and requirements provided in this title shall be met.
C. No property within an approved land division plan shall be used, improved or developed in a fashion contrary to that indicated by the land division plan or the zoning laws. (1984 Code § 11-3E-7)
10-7F-1: PURPOSE:
The regulations of this article are intended to provide better circulation and safety within commercial and industrial developments by establishing a clear emergency vehicle travel lane and private street name addressing for properties that do not have internal public roads. It is not the intent to approve private streets for developments other than those that create a common access through the site design. The applicability may be extended where the zoning administrator or fire chief determines that private streets will enhance the safety of the development. The fire chief may require designation of a private street within existing developments where it is in the best interest of the public safety and health to be able to better locate a given property in the event of an emergency. (1984 Code § 11-3F-1)
10-7F-2: APPLICABILITY:
The provisions of this article shall apply to any developments proposing private streets. (1984 Code § 11-3F-2)
10-7F-3: PROCESS:
A. Application, Fees: An application and fees, in accordance with chapter 2, "Administration And Enforcement", of this title, shall be submitted to the zoning administrator on forms provided by the zoning administrator. (1984 Code § 11-3F-3; amd. 2014 Code)
B. Requirements: Upon tentative approval of the application by the zoning administrator, subject to any applicable conditions of approval and the regulations of chapter 2, "Administration And Enforcement", of this title, the applicant or owner shall have one year to complete the following tasks:
1. Obtain approval from the zoning administrator for a private street name. All names shall include the suffix "Lane";
2. Install an approved street name sign that complies with the "Manual Of Uniform Traffic Control Devices" standards;
3. Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and
4. The applicant or owner shall provide documentation of a binding, recorded contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof.
C. Letter Of Approval: Upon completion of the items noted above, the zoning administrator shall issue a letter stating that the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. (1984 Code § 11-3F-3)
10-7F-4: STANDARDS:
All private streets shall be designed and constructed to the following standards:
A. Design Standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties, including any adjacent parcels as deemed necessary by the zoning administrator.
2. Connection Point: Where the point of connection of the private street is to a public street, the private street connection shall be approved by the city.
3. Emergency Vehicle: The private street shall provide sufficient maneuvering area and/or turnarounds for emergency vehicles as determined and approved by the fire chief.
4. Gates: Knox® locks shall be provided for all gates.
B. Construction Standards:
1. Conversion: For conversion of an existing private facility to a private street at the direction of the fire chief:
a. If a roadside curb does not exist, all drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. Other Private Streets: For all other private streets:
a. Roadway And Storm Drainage: The private street shall be designed and constructed to retain the 100-year event on site. Plans shall be prepared by a licensed engineer and submitted to the city for review.
b. Street Width: The private street shall have a total roadway travel width of twenty four feet (24') or as determined by the fire chief relative to the height and size of the proposed structures that adjoin the private street.
c. Sidewalks: A five foot (5') wide (minimum) sidewalk shall be provided on both sides of the street in residential developments and commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists.
d. Fire Lanes: If a curb does not exist, all drive aisles shall be posted as fire lanes with no parking allowed. If a curb exists next to the drive aisle, it shall be painted red.
C. Alternative Compliance: Upon recommendation of the city engineer and fire chief, the zoning administrator may approve, or recommend approval, of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the public health, safety and welfare. (1984 Code § 11-3F-4; amd. Ord. 682, 5-10-2021)
10-7F-5: REQUIRED FINDINGS:
In order to approve the application, the zoning administrator shall find the following:
A. The design of the private street meets the requirements of this article;
B. Granting approval of the private street would not cause damage, hazard or nuisance, or other detriment, to persons, property or uses in the vicinity; and
C. The use and location of the private street shall not conflict with the comprehensive plan and/or the city master transportation plan. (1984 Code § 11-3F-5)
10-7G-1: PURPOSE:
The regulations of this article are intended to maintain traffic flow and provide better circulation and safety within the community and for the traveling public. (1984 Code § 11-3G-1)
10-7G-2: APPLICABILITY:
The following standards shall apply to all development along state highways. (1984 Code § 11-3G-2)
10-7G-3: PROCESS:
The zoning administrator shall review all development applications for compliance with these standards. The planning and zoning commission or the city council may consider and apply modifications to the standards of this article upon specific recommendations of the Idaho transportation department (ITD). (1984 Code § 11-3G-3; amd. 2014 Code)
10-7G-4: STANDARDS:
Access to and/or from a state highway shall conform to the city master transportation plan and ITD's access management policy as adopted by city council and per the following:
A. Existing Approaches: Use of existing approaches shall be allowed to continue; provided, that the existing approaches are lawful and properly permitted by ITD. Upgrades to current standards, including width and other design items, may be required.
B. Change Of Use: If an applicant proposes a change or increase in intensity of use, the owner shall obtain any necessary approvals and/or permits from both the city and ITD.
C. New Public Street Connections: New public street connections to the state highway shall only be allowed at:
1. The section line road; and
2. Per the city master transportation plan.
D. Future Connectivity And Access: For undeveloped properties where no frontage or backage street network exists, the applicant shall construct a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the applicant’s property and the nearest section line road and/or half mile collector road. The intent is to provide for future connectivity and access to all properties fronting the state highway that lie between the applicant’s property and the nearest section line road and/or half mile collector road. The street shall be designed to collect and distribute traffic.
1. The applicant shall be responsible to construct the segment of the street within the applicant’s property. This standard is not intended to require off site improvements.
2. The street shall meet the road standards of the city.
3. The street shall connect to the section line road at a distance that is no closer than one hundred feet (100') (as measured from centerline to centerline) from the intersection with the state highway.
4. The street shall provide buildable land between the highway and the collector road. For the purposes of this article, such streets shall be termed “backage roads”.
5. Frontage streets or private streets may be considered by the city. Frontage streets or private streets may be required in cases where insufficient access to surrounding properties exists. Reciprocating access easements may be required.
E. Design And Construction Standards:
1. The applicant shall have an approved permit from the Idaho transportation department for construction of any access to the state highway and/or any construction in the highway right of way.
2. The width of right of way reservations for U.S. 95 or U.S. 30 shall be as set forth by the ITD.
3. Refer to subsection 10-7A-18A of this chapter for sidewalks on the U.S. 95 entry corridor. (1984 Code § 11-3G-4; amd. Ord. 613, 7-11-2016; Ord. 682, 5-10-2021)
10-7H-1: PURPOSE:
The regulations of this article are intended to allow for temporary uses as accessory uses to a conditional or principal permitted use on the property. (1984 Code § 11-3H-1)
10-7H-2: APPLICABILITY:
The regulations of this article shall apply to all temporary uses in all commercial and industrial districts with the exception that trailers and other construction related equipment associated with an active construction site, community events occurring at public parks and at education facilities, and temporary uses that are conducted as part of the curricular or extracurricular programming of an education institution, shall be deemed accessory uses. Community events are meant to include, but are not limited to, events organized by an association of persons for a social, literary, political, educational or recreational purpose. They are not intended to include retail or other services that are customarily carried on as a business. (1984 Code § 11-3H-2)
10-7H-3: PROCESS:
Temporary uses shall be accessory to a conditional or principal permitted use on the property and shall follow regulations as set out in Title 3, Chapter 6 of Fruitland City Code. (1984 Code § 11-3H-3; amd. Ord. 682, 5-10-2021)