No person or public agency shall construct, alter, or move a structure; or change the use of a structure; or divide any property; or undertake any development unless:

Nothing in the River Club SAP district code shall eliminate the need for obtaining any other required permits, including, but not limited to: building permits, plumbing, electrical, or mechanical permits; erosion control, sediment control; occupancy permit; or any permit, approval, or entitlement required by other titles of Garden City code, other political subdivisions of the state of Idaho, or agencies of the state of Idaho.

Development within the River Club SAP district shall comply with the provisions of the River Club SAP district code unless otherwise preempted by federal, state or local law.

Any proposed structure for which a building permit has been issued on or before the date of any subsequent amendment of the River Club SAP district code may be completed, subject to these conditions: (1) the time limitations otherwise applicable to the permit, and (2) the structure follows the plans and application on which the building permit was granted, notwithstanding that said structure or use does not conform to the provisions of the River Club SAP district code. If the structure or use does not comply with the provisions of the River Club SAP district code, the structure or use may be used in accordance with the plans and application as a nonconforming structure provided for in Chapter 8-1, article B of this title.

Language:

District Boundaries: The River Club SAP district is designated on the city's official zoning map.

Conflicting Provisions:

Documents by Reference: Documents incorporated by reference into the River Club SAP district code are on file at Garden City City Hall. These documents are as follows:

To promote the life, health, safety, aesthetic, economic, and general welfare of the citizens of Garden City.

To protect individuals from health and safety hazards and the impairments of property values that result from the neglect and deterioration of property.

To protect neighborhoods against nuisances, blight, and deterioration.

To protect the livability and economic stability of the entire city.

This section shall apply to all residential and nonresidential buildings, structures, and lands without regard to the use, date of construction, improvement, or alteration.

Buildings, structures, or portions thereof determined to be unsafe shall be abated in accordance with the provisions of the building code for the abatement of dangerous buildings.

Buildings or structures determined to be nuisances shall be abated in accordance with the provisions of title 4, chapter 4-3, Nuisances, of this code.

All land visible from the right-of-way, including exterior premises and vacant land, whether improved or unimproved, and exterior areas under any roof not enclosed by the walls, doors, or windows of any building, shall be maintained free from the following:

Maintenance of Fences and Walls: All fences, screen walls, and retaining walls visible from the public right-of-way shall be maintained as follows:

Accumulation of Stagnant Water: All premises shall be maintained so as to prevent the accumulation of stagnant water which otherwise may cause a hazardous or unhealthy condition; become a breeding area for insects; or allow soil erosion or damage to foundation walls visible from the public right-of-way.

Refuse Collection: All development shall comply with the requirements for municipal refuse collection as set forth in title 4, chapter 4-2 of this code, Municipal Refuse Collection.

Swimming Pools, Spas, Hot Tubs and Fountains: All swimming pools, spas, hot tubs, and fountains shall be properly maintained as follows:

Vacant and Unsecured Buildings: Vacant and unsecured buildings, structures, and premises shall be actively maintained and monitored through the following provisions:

Fences and Walls; Obstruction of Vision: Fences and walls shall not obstruct the clear vision triangle or access to required parking, public utility boxes, meters or other infrastructure.

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 removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the applicable fire code adopted by the fire authority as amended from time to time.

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.

Noise and Vibration: No noise or vibration shall be permitted which is ongoing and disturbing to normal conversation and/or disturbing sleep for neighboring uses.

Air Pollution: Air pollution shall be subject to the requirements and regulations established by the applicable air pollution agency.

Erosion: No erosion shall be permitted which will carry objectionable substances onto neighboring parcels.

Water Pollution: Water pollution shall be subject to the requirements and regulations established by the applicable health authority and other agencies with jurisdiction.

Outdoor Display of Merchandise: The outdoor display of merchandise shall be allowed in compliance with the following standards:

Outdoor Lighting: Outdoor lighting shall be in compliance with the following standards:

Outdoor Service and Equipment Areas: Outdoor service and equipment areas shall be maintained in compliance with the following standards:

Outdoor Storage: Where allowed, the outdoor storage of vehicles, equipment, materials, or merchandise shall be in compliance with the following standards:

Accessory Structures: No garage, tent, trailer, fifth wheel, motor coach, recreational vehicle, travel trailer or other vehicle or accessory structure shall be erected or used for living quarters or sleeping quarters.

The owner(s) of land abutting any street shall be responsible for maintaining any sidewalk in good repair and free from hazards such as debris, weeds, cracks, or ice.

Sub-Districts: The purpose of the three (3) sub-districts within the River Club SAP district is to provide a range of single and multifamily housing products and nonresidential uses within the River Club SAP district. The three (3) sub-districts are contrasted by the density, mix of use and housing products found in each sub-district.

West Sub-District (Mixed Use): The purpose of the west sub-district is to foster an apartment community with amenities promoting an active lifestyle. A four (4) to five (5) story multifamily residential building is estimated to have a density range of up to forty (40) dwelling units per gross acre. Neighborhood retail and/or office (up to ten thousand (10,000) square feet) may be vertically integrated with dwelling units on upper stories. All amenities and utilities required to serve the west sub-district development will be located in the west sub-district. The perimeter setback from State Street ranges from fifteen to thirty feet (15' to 30') to allow for residential stoops. The west sub-district will emphasize high-quality design, pedestrian orientation, and flexible development standards.

Central Sub-District (Mixed Use): The purpose of the central sub-district is to provide a location for pedestrian-oriented development featuring retail, offices and restaurants in conjunction with more intensive, higher density residential uses. Neighborhood retail (up to thirty thousand (30,000) square feet) may be single story or vertically integrated with dwelling units on upper stories. Residential uses will include a mix of housing types with densities up to forty-five (45) dwelling units per gross acre. All amenities and utilities required to serve the central sub-district development will be located in the central sub-district. The perimeter setback from State Street ranges from fifteen to thirty feet (15' to 30') to allow for residential stoops and front yards. The central sub-district will emphasize high-quality design, pedestrian orientation, and flexible development standards.

East Sub-District (Mixed Residential): The purpose of the east sub-district is to provide an orderly transition from more intensive, higher density uses and to buffer the existing single-family homes east of the sub-district with extensive landscape and two (2) and three (3) story townhomes or cottages. Density is estimated to range up to thirty-five (35) dwelling units per gross acre. All amenities and utilities required to serve the east sub-district development will be located in the east sub-district. The east sub-district will emphasize high-quality design, pedestrian orientation, and flexible development standards.

Overall Density: The maximum number of dwelling units allowed in the River Club SAP district is seven hundred fifty (750) dwelling units. To exceed this limit, the River Club SAP district code must be amended. If such an amendment is requested, the entire River Club SAP need not be amended so long as the city finds the revised density limits are generally in accord with the River Club SAP.

Density Transfer: Residential density or dwelling units associated with each sub-district that is not developed may be transferred to another sub-district as follows: undeveloped density associated with the west sub-district may be transferred to the central sub-district; undeveloped density associated with the central sub-district may be transferred to the west sub-district; and undeveloped density associated with the east sub-district may be transferred to either the west sub-district or the central sub-district.

In each sub-district, a variety of housing shall be provided at a rate of at least five percent (5%) from each of two (2) or more of the categories of universal design, studio, or one (1) bedroom units.

Nonresidential Transfer: Undeveloped nonresidential square footage may be transferred between the west and central sub-districts.

Table 8-8A-2B-2 lists allowed uses as: permitted (P); conditional (C); or prohibited ( ).

If a proposed use is not specifically listed in Table 8-8A-2B-2, the use shall be prohibited unless the planning official determines that the proposed use is reasonably equivalent to a permitted or conditional use. In making the determination, the planning official shall consider the following:

Should the use be determined reasonably equivalent to a use that requires a conditional use permit, the application shall be required to follow the procedures set forth for conditional use permits.

Uses that are listed followed by an asterisk (*) are subject to the specific provisions for the use as set forth in section 8-8A-2C of this chapter, Land Use Provisions. In addition to those specific use provisions set forth in section 8-8A-2C of this chapter, Land Use Provisions, any use designated as a conditional use shall also obtain a conditional use permit as set forth in chapter 8-6 of this title, Administration.

For uses that may fall into more than one (1) category, the planning official shall determine the most appropriate category based on the more restrictive standards.

Table 8-8A-2B-3, Form Standards, of this section shall be used for determining standards for development in the River Club SAP district.

Subsections D through G of this section set forth certain exceptions and additional clarification for the form standards.

Additional provisions as set forth in chapter 8-4 of this title, Design And Development Regulations, may also affect the form standards.

Maximum Height Limit:

Separation:

Limitations:

Standards:

Separation: No outdoor activity area associated with the use shall be located within fifty feet (50') of a residential use.

Accessory Uses: The sale and/or distribution of beer and wine shall be allowed as an accessory use.

Other Regulations Apply: The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.

Determining the Type of Facility: In determining the type of daycare facility, the total number of individuals cared for during the day, and not the number of individuals at the facility at one (1) time, is the determining factor. The operator's children are excluded from the number.

Access and Parking: On-site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients.

Limitations: Where adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. to eight o'clock (8:00) P.M.

Additional Standards for Daycare Facilities That Serve Children:

Separation: The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or school.

Limitations:

Other Regulations Apply:

Separation: Separation within the site between buildings shall be a minimum of ten feet (10').

Site Layout: All multifamily developments shall provide for amenities from the categories of: quality of life; open space; and recreation to meet the particular needs of the residents as follows:

Site Maintenance: All common open space shall be the responsibility of the owner or an owners' association or property management company for the purpose of maintaining the common area and improvements. Land designated as common open space may be conveyed to the city, where the city agrees to accept conveyance and maintenance.

Additional Standards for Developments With Twenty (20) Units or More: Developments with twenty (20) dwelling units or more shall provide the following:

Separation:

Limitations: No outside activity or event shall be allowed on the site, except as allowed through a conditional use permit that takes into account the public health and welfare, the interests of adjoining parcel owners, odor, noise, traffic and vehicular and pedestrian safety.

Other Regulations Apply: The operator shall have a continuing obligation to comply with all city, county and state regulations relative to such an operation.

Maximum Size: The maximum size is limited to fifteen thousand (15,000) square feet.

Maximum Size:

Site Layout:

Limitations:

Limitations:

Other Regulations Apply: If unattended, the use shall meet the requirements of section 8-8A-3A-6 of this chapter, Self-Service Uses.

Requirements and Limitations:

Other Regulations Apply: A use that is a private security, escort or massage service shall comply with the licensing requirements as set forth in title 3 of this code, Business And License Regulations.

Applicability: The requirements of this section shall apply to the placement of each new small cell facility and the expansion or alteration of any existing small cell facility. Other wireless communication facilities are regulated by section 8-2C-46 of this code.

Eligible Facility Requests: Upon receipt of an application designated by the applicant as an eligible facilities request, the planning official shall review such application to determine whether the application so qualifies. Consistent with applicable law, the request shall be allowed if the application qualifies as an eligible facility request.

General Requirements:

Exceptions to Application Requirement: Subject to the adopted small cell design standards, an application shall not be required for:

Discontinuation of Use: Any small cell facility that is no longer in use shall be reported by the service provider to the planning official. A discontinued facility shall be removed within six (6) months and the site restored to its preexisting condition.

Requirements and Limitations:

Site Design:

Requirements and Limitations:

Site Maintenance:

Standards for Specific Types of Temporary Uses:

To ensure that the development of property protects the public, health, safety and welfare of the community;

To protect property values and rights of all residents;

To protect and enhance the community's assets and natural resources; and

To establish minimum standards of property maintenance and aesthetics.

Applicability: All new fences shall be required to be in conformance with this section. Legal nonconforming fences may remain so as long as there are no significant improvements to the site or specifically conditioned in a conditional use permit.

Permit Required: Anyone constructing a fence or wall over six feet (6') in height shall first obtain design review consultant(s) recommendation for approval followed by approval from the planning official and a building permit from the city prior to construction. Any fence located in the floodway shall secure a floodplain permit from the city prior to construction.

Maximum Height Requirements:

Separation: Fences greater than three and one-half feet (3.5') shall be set back to be flush or behind the building frontage. Where there is no building frontage, fences greater than three and one-half feet (3.5') shall be set back minimally ten feet (10') from the back of sidewalk so as to allow for street trees and landscape between the fence and the sidewalk.

Prohibited Fencing Materials: The use of barbed wire, razor wire, boxes, sheet metal, old or decayed wood, broken masonry blocks, chain link, chain link with slats, or other like unsightly materials for fencing shall be prohibited unless an application is made for design review consultant(s) and is recommended to and approved by the planning official as compliant with the following:

Standards:

Prohibitions:

All on-site service areas for waste, recycling, or trash, and equipment areas for transformer and utility vaults shall be located in an area not visible from a public or private street or adjoining uses, or shall be screened from view from a public or private street and adjoining uses with a privacy fence.

Unless fully enclosed and baffled so that no noise is detected by any adjoining user, the location of outdoor mechanical equipment shall meet the following separation requirements:

HVAC equipment, trash dumpsters, recycling, trash compaction, and other service functions shall be incorporated into the overall design of buildings and landscape so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent uses and streets.

The entrance or transaction area of the self-service facility shall be open to the street and shall have low impact security lighting.

Financial transaction areas shall be oriented to, and visible from, an area that receives a high volume of traffic.

Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the street.

The Garden City police chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided.

The following special provisions shall be required for automated teller machines (ATMs) and walk-up bank services:

Purpose: The provisions of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well-designed storm water filtration swales into required landscape areas, where topography and hydrologic features allow.

Applicability: The standards for storm water integration shall apply to all site improvements and ACHD storm water facilities.

Standards:

All utilities for a new structure shall be installed underground. For the purposes of this section, the term "utilities" shall include, but not be limited to, electric, natural gas, water, wastewater collection, storm drainage, telephone, and cable services.

All development shall be connected to the Garden City water and sewer systems.

Natural Waterways:

Pressurized Irrigation; Irrigation Ditches, Laterals, Canals, and Drains:

To create residential development that is safe, sustainable and convenient, and that enhances the quality of life of its residents;

To promote quality building design in residential development that enhances the visual character of the community;

To ensure that the design of structures and site development is compatible with the intended character of the neighborhood as set forth in the comprehensive plan;

To promote neighborhood and walkability in residential design; and

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

This section provides standard regulations for design and development of residential use. This section supplements the regulations for development in the River Club SAP district and specific use standards or other provisions of this section.

The provisions in this section apply to all new development and the substantial alteration of existing development in the River Club SAP district.

Building Design:

Accessory Structures:

Garage and Carport:

Building Perimeter Setback and Building Separation: Building perimeter setback and building separation shall take into account windows, entrances, porches and patios, and how they impact adjacent uses.

Building Design:

Multiple Buildings on One (1) Site: Development of multiple structures on one (1) site shall comply with the requirements set forth in section 8-8A-3C-4.B of this chapter, Multiple Nonresidential and Mixed Use Structures on One (1) Development Site.

To create development that creates a sense of place and contributes to the uniqueness of the River Club SAP district;

To improve the accessibility of development to nonmotorized and public modes of transportation;

To encourage a development pattern in nodes rather than strip commercial along arterial corridors;

To set in place a compact development pattern;

To encourage a process for development of property that provides certainty and flexibility to applicants and property owners;

To provide outdoor spaces and landscape compatible with the southwest Idaho climatic conditions and that encourage pedestrian activity.

New Construction: For any new construction, the requirements of this section shall apply to all parts of the building and landscape area.

Structural Addition: For any structural addition that adds more than twenty-five percent (25%) increase in gross floor area of the existing building, all of the building shall be brought into conformance with the requirements of this section.

Storefront Renovations: Any storefront renovations, where more than twenty-five percent (25%) of the facade of the store is altered, replaced, rehabilitated or restored, shall comply with sections 8-8A-3C-3.A, 8-8A-3C-3.D, 8-8A-3C-3.E, 8-8A-3C-3.F, and 8-8A-3C-5 of this chapter.

Improvements: Any improvements that change or cumulatively change more than twenty-five percent (25%) of the west sub-district or the central sub-district within a twenty-four (24) month period shall be required to conform to sections 8-8A-3C-3.B and 8-8A-3C-3.D of this chapter.

Exceptions: This section does not apply to any new accessory structure that is less than twenty-five percent (25%) of the assessed value of the principal structure and is not located at the front or street side of a building.

Objective 1: The design of all structures shall have a scale, massing and urban form that has a relationship to the street, the pedestrian, and adjacent buildings.

Objective 2: The design layout of all sites shall maximize opportunities for safe and comfortable pedestrian accessibility and minimize the obtrusive effects of parking and vehicular circulation.

Objective 3: Buildings shall be designed and constructed of quality materials.

Objective 4: The site design shall respect existing notable site features, including existing buildings, landscape, trees and water.

Objective 5: The design of all buildings shall provide visual interest, support the vision for the area as articulated in the comprehensive plan and positively contribute to the overall urban fabric of the community.

Objective 6: The site development should support and be consistent with the adopted streetscape.

Large Scale Nonresidential and Mixed Use Structures:

Multiple Nonresidential and Mixed Use Structures on One (1) Development Site:

Plaza Requirements:

Awning, Marquee and Arcade Requirements:

Murals:

Outdoor Service and Equipment Areas:

Stylized Buildings: Garden City respects that independent businesses, corporations and franchises use specific architectural designs to identify their businesses and attract customers. The city encourages independent businesses, corporations and franchises to build using architectural designs that comply with the River Club SAP district code, conform to the city's comprehensive plan and goals, and complement surrounding structures. All new business, corporate and franchise designs are reviewed by design review consultant(s) to ensure compliance with these plans and goals.

Visible False Fronts: False fronts that are not tied into the rest of the building, that are designed so that the ends are visibly separate from the building.

Prefabricated Structures: Principal and accessory structures visible from the right-of-way that are made of prefabricated materials such as shipping containers or pre-engineered metal buildings unless they contain architectural features and a variety of materials so that they lose the appearance of being a prefabricated structure.

Prohibited Materials: Crushed colored rock/crushed tumble glass are prohibited site improvement materials unless it is found that the material is insignificant in the design or provides significant creativity and uniqueness.

To provide for off-street parking and loading areas that minimize traffic hazards and congestion, and mitigate impacts on surrounding properties;

To limit the amount of land required for parking with the consequent impacts on water quality and storm drainage;

To maximize the use and efficiency of parking facilities;

To recognize that each development has unique parking needs and to provide for a flexible approach for determining parking space requirements; and

To provide parking that is in scale and supports the pattern of compact, residential and nonresidential development identified in the city's comprehensive plan.

The design standards as set forth in section 8-8A-3D-3 of this chapter, Parking Design And Improvement Standards, shall apply to any new construction, alteration, or moving of a structure or any new or more intense use of property. Except where there is a change in use, the provisions of this section shall not apply to any existing building or structure.

Construction or modification of any parking facility, except single-family residential parking areas, shall comply with plans that have been approved by the city.

The number of required off-street parking spaces, as set forth in section 8-8A-3D-5 of this chapter, shall be provided for all allowed uses in the River Club SAP district.

Design and Layout of Parking Areas:

Improvements:

Bicycle Parking Facilities: Space for bicycle parking shall be provided consistent with the following location and design standards:

Number of Spaces: No use shall provide less than the minimum or more than the maximum number of off-street parking spaces required under section 8-8A-3D-5 of this chapter, Required Number Of Off-Street Parking Spaces.

Change of Use: Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this section for the new use.

Phased Projects: Development within the River Club SAP district is conditioned upon the unqualified continuance and availability of the parking as required by the River Club SAP district code. In phased projects, individual phases of the project are exempt from any maximum parking standards; provided, that the project does not exceed the maximum allowable parking at build-out.

Equivalent Facilities: No required parking area or space provided, as required by this section, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the city are provided.

Temporary Uses: Required parking spaces shall be used for vehicle parking only, except as may be allowed for a temporary use in compliance with the requirements as set forth in section 8-8A-2C-19 of this chapter, Temporary Uses.

Parking Use for Residential Dwellings:

Residential Use: The minimum number of required off-street vehicle parking spaces for residential use shall be in accord with Table 8-8A-3D-5.

Nonresidential Use: The minimum number of required off-street vehicle parking spaces for nonresidential use shall be as set forth in section 8-4D-5.B of this title, Nonresidential Uses.

Calculation: The minimum number of required off-street vehicle parking spaces for a building containing residential and nonresidential uses shall be the number of required off-street vehicle parking spaces for the residential use plus the number of off-street vehicle parking spaces for the nonresidential use.

Appeal: When in the determination of the planning official, there is insufficient parking or the proposed parking is oversupplied to meet the needs of the use(s), the planning official's determination may be appealed to the planning and zoning commission in accordance with the provisions set forth in section 8-6A-9 of this title, Appeals and City Council Reviews.

Bicycle Parking Standards:

Conditions: Conditions favorable to providing alternatives to on-site parking are as follows:

Agreement:

Off-Street Loading Space Requirements:

Off-Street Loading Access Requirements:

Off-Street Loading Requirements Adjacent to Residential Use:

To provide a safe, attractive and functional transportation system that is accessible and accommodates all modes of transportation including automobiles, pedestrian, bicycling, and transit;

To provide a transportation system for all modes of transportation that supports the pattern of compact residential and nonresidential development identified in the city's comprehensive plan and reduces dependency on vehicular transportation;

To improve the connectivity, standards and safety of pedestrian and bicycle facilities;

To maintain safe streets and control traffic through neighborhoods; and

To limit the amount of land required for streets and driveways with the consequent impacts on water quality and storm drainage.

This section provides design standards that shall apply to any new construction, addition, expansion, grading, alteration, or any new or more intense use of property.

Nothing in the provisions of this section shall alter or negate the responsibilities of the applicable transportation authority over public rights-of-way.

Clear Vision Triangle: All streets and driveways shall adhere to the standards of a clear vision triangle.

Street Access:

Driveways, aisles and turnaround areas, when required for fire and refuse access, shall meet the following standards:

The private street shall be constructed on a perpetual ingress/egress easement that provides access to all applicable parcels.

The private street shall be constructed within the easement and shall have a travel lane width of a minimum of twenty feet (20') and a maximum of twenty-six feet (26').

The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the fire authority.

The private street name(s) shall obtain approval from the Ada County street name committee.

A binding contract that establishes the party or parties responsible for the repair and maintenance of the private street including regulations for the funding shall be recorded. No building permit shall be issued until the contract has been recorded.

Sidewalks shall be required along streets.

All sidewalks shall be a minimum of five feet (5') on public streets, except that the sidewalk on State Street shall be a minimum of ten feet (10') wide. The pathway width on a private right-of-way may be reduced to four feet (4').

Sidewalks shall be designed to flare around mailboxes, utility boxes and other impediments to pedestrian circulation to maintain a minimum of four feet (4') of travel width.

Detached sidewalks are required to allow for landscaping and street tree buffers.

Pedestrian Accessibility: All new nonresidential development shall provide for pedestrian accessibility. Accessibility shall be from a direct, convenient and attractive pathway system that conforms to the following standards:

Bicycle Accessibility:

The regulations contained in this section are intended to regulate the use, placement, physical dimensions, and number of signs within the River Club SAP district. More specifically, the regulations are intended to:

Scope of Application: The regulations of this section shall apply within the River Club SAP district.

Application to Content: Nothing in the provisions of this section is intended to regulate the message content of signs, regardless of whether the message content is commercial or noncommercial.

Application: An application for a sign permit shall be filed with the development services department at the city, and a fee paid pursuant to city council resolution. An application shall be made on a form provided by the city.

Review and Approval: The planning official shall review all complete sign applications, and shall approve only those found to be in compliance with the applicable requirements of this section and the River Club SAP district master sign program. In the event of a conflict between this section and the River Club SAP district master sign program, the master sign program shall control. Should the sign not meet all conditions to be compliant with this section or the River Club SAP district master sign program, the applicant may apply for a permit through the design review permitting process whereby the design review consultant(s) shall recommend approval, and the planning official shall approve only those signs found to be compliant with the following:

Signs Previously Issued Permits: A sign permit shall not be required for changing copy on a sign, repainting, cleaning, or normal maintenance and repair of a sign or a sign structure for which a permit has previously been issued; provided, that the sign, sign type or sign structure is not significantly altered in any way.

Every permit issued shall become null and void unless the work on the site authorized by such permit is completed within one hundred eighty (180) days after its issuance; or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days, the planning official is authorized to grant, in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause shall be demonstrated.

Other Permits: Separate building and electrical permits may be required in addition to the sign permit.

Appeal: Any person aggrieved by a decision on a sign permit may appeal the planning official's decision to the Garden City council pursuant to provisions in section 8-6A-9 of this title.

Address signs, provided:

Bulletin board, provided:

Signs authorized by the regional transit authority to be located at approved bus stops.

Decorations, provided such signs shall be displayed for not more than sixty (60) days in any one (1) year.

Directory sign; provided, that:

Flags: Flags shall be forty (40) square feet or less in size. The cumulative number of flags shall not be greater in size than ten percent (10%) of the front of the structure.

Hazards sign; provided, that the sign does not exceed two (2) square feet per face or four (4) square feet in total surface area, limited to four (4) such signs per building.

Lithograph; provided, that:

Occupant signs not to exceed one (1) for each unit indicating the name of the occupant, identification of business, or professional office, provided:

Portable Signs:

Public Hearing: Signs required by the city for notice of public hearing shall comply with the requirements set forth in the applicable section of the Garden City code, and shall be removed within seven (7) days of the public hearing.

Public use.

Sale, Lease or Rent: Temporary signs used to offer for sale, lease, or rent the land or buildings upon which the sign is located, provided:

Temporary time and temperature.

Window/interior sign; provided, that window signs in conjunction with all other permitted and exempt signs shall not exceed more than ten percent (10%) of a building face.

Illegal Sign: A sign that does not comply with the criteria set forth under this section and/or the River Club SAP district master sign program, and has never received the applicable permit as required by the adopted sign ordinance during which the sign was constructed or altered.

Moving Signs: Any movement or illusion of movement except as authorized in section 8-8A-3F-10.A of this chapter, Automated Signs.

Off-Premises Signs: A sign that is not clearly incidental to the permitted use on the premises on which the sign is located. Off-premises signs do not include signs in connection with the River Club golf course, which are permitted. Off-premises signs include, but are not limited to, unauthorized signs on bus benches and mobile signs. Directional signs that are off-premises signs may be allowed as authorized in section 8-8A-3F-10 of this chapter, Regulations For Specific Sign Categories.

Public Right-Of-Way: Signs within the public right-of-way unless authorized by the agency having jurisdiction over the right-of-way.

Structurally Attached: Signs on a supporting structure of another sign.

Substandard Material: Permanent signs made of plywood, pressed board, or nonexterior grade wood products, cardboard, broken masonry blocks, sheet metal, etc., except as allowed through design review.

Temporary Signs: Signs not permanently affixed or attached to the ground or to any structure, except for signs specifically regulated or exempted through this section.

Vehicle Signs: Signs attached to or painted on a licensed or unlicensed vehicle that is located outside of a legal parking stall and in view of the right-of-way when the planning official determines that the vehicle is parked solely for the purpose of displaying the sign to passing motorists or pedestrians (this prohibition does not apply to vehicles that the planning official or designee determines to be regularly used for deliveries, commuting or otherwise integral to the operation of the business).

Addressing Signs:

Building Code: Signs shall be built, constructed and erected in conformance with the requirements of the building code as adopted by title 7 of this code, Building Regulations.

Directory Signs: In development sites where three (3) or more nonaccessory structures do not have right-of-way frontage there shall be a permanent and legible directory map drawn to scale that is clearly visible and accessible from the entrance to the site. The directory sign shall indicate the location of all ingress/egress to the site, driveway locations, and the location of each structure. The directory shall clearly identify the address or addresses of each structure, including applicable unit or suite identification. The address numbering and/or lettering shall be at least four inches (4") or greater. A copy of the directory shall be submitted to the city.

Display: Signs that contain more than two (2) display sides shall require design review approval.

Electrical Code: All wiring, fittings, and material used in the construction, connection, and the operation of electrically illuminated signs shall be in accordance with the provisions of title 7 of this code, Building Regulations.

Fire Safety Access: Signs shall not be erected in any manner which interferes with free passage from or obstructs a fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air in accordance with the provisions of title 7 of this code, Building Regulations.

Illumination: Any illuminated sign or lighting device shall emit a light of constant intensity. Lighting shall be fully shielded. No illuminated sign or lighting device shall be placed or directed in a way that allows beams of light and illumination to be directed or beamed upon a right-of-way or adjacent parcel which causes glare or reflection that may constitute a traffic hazard or nuisance.

Maintenance: All signs shall be continually maintained in a state of good appearance, safety and repair throughout their life. All signs shall be plainly marked with the name of the person responsible for maintenance of the sign. Should any sign become structurally unsafe, damaged, broken, rusted or a safety hazard, the person responsible for the sign maintenance, upon written notification by the city, shall be required to return the sign to a safe condition or remove the sign.

Raceway: Any visible raceway must be painted or otherwise designed to match or blend in with the color of the wall to which it is attached.

Other Jurisdictions: Signs along the state highways and the Ada County Highway District (ACHD) rights-of-way shall conform to the regulations of the Idaho Transportation Department (ITD) and ACHD, respectively, in addition to this section and/or the River Club SAP district master sign program.

Overhead Electrical Conductors: Signs shall be located more than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts.

Residential Frontage: Unless the sign is the only sign on premises, no signs shall be placed so as to front on an existing residential use; such signs utilized for businesses open to the public during hours of darkness shall turn off lighting to the signage at the close of business each evening. The lights shall remain off except during the operations of business hours.

Separation: Signs must comply with the clear vision triangle set forth in section 8-8A-3E-3 of this chapter; and comply with the perimeter setback. For the purpose of this section the clear vision triangle shall also pertain to any driveway or drive aisle located within the development.

Trees: Signs must be placed so as to not interfere with the existing or future growth of trees.

Maximum number of wall signs shall be limited to one (1) per user or tenant for each face not to exceed a sign area of greater than ten percent (10%) of the face. This number does not include exempt signs.

The sign can be a cabinet, channel letters, or distinctive materials sign.

Illumination may be either external or internal illumination.

Businesses are not required to turn off lighting to signs at the close of business; provided, that the lighting is found compatible with adjacent residential uses.

Lighting may be further limited to ensure compatibility with adjacent residential uses.

Automated Signs:

Billboards: No billboards shall be allowed.

Directional Signs:

Freestanding and/or Monument Signs:

Hanging (or Projection) Signs:

Temporary Signs:

Multi-Tenant Signs:

Wall Signs:

Purpose: The purpose of the master sign program is to encourage the integration of signs into the site and building design of the River Club SAP district. Through this integration, the intent is to allow flexibility in the criteria as set forth in section 8-8A-3F-9 of this chapter, Regulations For The River Club SAP District, and section 8-8A-3F-10 of this chapter, Regulations For Specific Sign Categories, and promote improved quality of design.

Applicability:

Standards:

The city shall have the right to immediately remove, dispose of and charge the costs of the removal to the owner or other responsible person of any signs found illegally located within public property or public right-of-way. Owners of said signs illegally placed within public property or public right-of-way shall not be entitled to the notice provisions pending removal and disposal of said signs.

Where there is an illegal sign located on private property, a notice may be served by mail or personally, upon the sign owner, property owner or other responsible person, directing either removal of or action to correct the violation within a specified time frame between one (1) and thirty (30) days.

In addition to provisions set forth in section 8-8A-1B of this chapter (Property Maintenance Provisions), failure to receive appropriate permits or compliance certification may be subject to double permit fees and enforcement fees.

It shall be the duty of the chief of police, or the chief's designee, or the planning official, upon observing a violation of the provisions of this section and/or the River Club SAP district master sign program to leave at or upon such property or sign or serve upon the individual violator a Garden City police sign citation, noting that such sign is in violation. Among other information, the administrative citation shall bear the date and hour of leaving the same at or upon the violation or with the violator, the specific reason for the violation, and the location of the violation. The person or entity that placed the sign is responsible for any sign citation issued, regardless of who owns the real property.

In order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving a Garden City sign citation upon such person's property or sign or served upon such person for violating the provisions of this section, unless otherwise specifically provided, shall:

Penalties: Any responsible person or entity who shall fail to pay within twenty (20) days of the time of such administrative citation, excluding weekends and federally observed holidays, shall be summoned into magistrate court for the original infraction offense. Infractions under the River Club SAP district code are punishable by a fine of one hundred dollars ($100.00) plus court costs, unless otherwise specifically provided. If a responsible person or entity, after being served a summons, shall fail to respond to the summons or fail to pay the fine, a default judgment shall be entered in the magistrate division of the district court, and the Department of Transportation shall be notified that any responsible person has an unpaid judgment. Additionally, a second and any subsequent conviction for the same infraction provision under the River Club SAP district code within one (1) year shall be a misdemeanor under the River Club SAP district code. Misdemeanors under the River Club SAP district code are punishable as provided in section 1-4-1 of this code, General Penalty, unless otherwise specifically provided.

To implement the goals and objectives of the comprehensive plan to "emphasize the garden in Garden City" and, more specifically:

To enhance the livability, aesthetic qualities, economic attractiveness, and environmental health of the city.

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.

To promote the use of native and other low water use plant materials, and to discourage landscape that requires high water use for maintenance, such as large expanses of lawn.

To promote best practices in the maintenance of landscape and the preservation of existing significant vegetation and trees.

Additions less than twenty-five percent (25%) of the gross floor area of the existing structure or developed area: no additional landscape shall be required.

Except for residential uses, additions or site modifications that are twenty-five percent (25%) to fifty percent (50%) of the gross floor area of the existing structure or developed area: streetscape landscape shall be installed.

Except for single-family and two-family residential uses, additions or site modifications greater than fifty percent (50%) of the gross floor area of the existing structure or developed area shall comply with all provisions of this section.

Restriping, parking lot overlays with no increase in the square footage of the parking area, or parking lot replacement less than twenty-five percent (25%): no additional landscape as required by section 8-8A-3G-6 of this chapter, Parking Lot Landscape Provisions, shall be required.

Parking lot replacement that is twenty-five percent (25%) to fifty percent (50%) of the parking area shall comply with the requirements of section 8-8A-3G-5 of this chapter, Perimeter Landscape Provisions.

Parking lot replacement that is greater than fifty percent (50%) of the parking area shall comply with all requirements of section 8-8A-3G-5 of this chapter, Perimeter Landscape Provisions, and section 8-8A-3G-6 of this chapter, Parking Lot Landscape Provisions.

For all new residential and nonresidential uses, all landscape standards of this section shall be met.

Landscape improvements shall be an integral part of the overall site design.

Landscape improvements shall follow water efficient design principles to facilitate water conservation.

The following minimum plant sizes shall be used for all required landscape areas:

Except for perimeter landscape identified in section 8-8A-3G-5 of this chapter, Perimeter Landscape Provisions, required landscape areas shall be at least forty percent (40%) covered with vegetation at maturity, with mulch used under and around the plants. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited.

When five (5) or more trees are to be planted to meet the requirements of any portion of this section (including street trees, perimeter landscape, parking lot landscape 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 as set forth in Table 8-8A-3G-3.

All plant material installed pursuant to this section shall meet or exceed the minimum standards as established by the American Standard for Nursery Stock standard Z-60.1 published by the American Nursery and Landscape Association.

All trees, shrubs, and other plant material shall be planted using accepted nursery standards as published by the American Nursery and Landscape Association (latest edition) including hole size, backfilling, and fertilization.

Tree staking is not required, but may be used in areas with high winds or other situations that make staking desirable. If trees are staked, the stakes shall be removed within twelve (12) months to prevent damage to the tree.

All planting areas that border driveways, the perimeter of parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices.

The landscape installation shall stabilize all soil and slopes.

Berm slopes are generally discouraged, but shall not exceed two to one (2:1) (horizontal to vertical). Three to one (3:1) maximum slopes are recommended. Grass that requires mowing shall not be used on slopes steeper than three to one (3:1).

All required landscape shall be provided with an automatically controlled irrigation system.

Required trees must be selected from the most current version of the "Treasure Valley Tree Selection Guide" or certified by a licensed landscape architect to be appropriate to the proposed location.

Landscape for Single-Family Detached Dwelling Units:

Landscape for Single-Family Attached, Townhouse, And Multifamily Dwelling Units; and All Nonresidential Uses:

Purpose: The perimeter landscape shall provide the following benefits:

Applicability: Required perimeter landscape meeting the standards set forth in subsection C of this section is required between the River Club SAP district and neighboring uses.

Standards:

Purpose: Landscape areas shall be distributed throughout a parking lot to soften and screen parking lot edges, reinforce circulation routes, create pleasant pedestrian conditions and maximize shade and storm water benefits.

Applicability: The provisions of this section shall apply to all new or substantially altered parking lots of five (5) spaces or more.

Standards:

Perimeter Landscape and Screening Standards:

Internal Landscape Standards:

Purpose: The provisions of this section are intended to promote the preservation of existing trees from destruction before and during the development process.

Standards:

Standards for Planting of Trees Near Existing Utilities and to Trenching for New Utilities Near Existing Trees:

Purpose: The provisions of this section are intended to ensure that all required landscape is maintained in a healthy, growing condition at all times within the River Club SAP district.

Standards:

These requirements are intended to provide for common open space requirements which improve the livability of neighborhoods, connect the community and preserve and protect any existing natural amenities in the River Club SAP district.

These provisions are intended to establish minimum standards for common open space and requirements for the long-term maintenance of these areas.

Areas on the site of mature landscape, trees, and natural features have been incorporated into the common open space area;

The common open space area provides connectivity with other open areas, public spaces, trails, or water features within and off the site; and

The common open space area is located and designed to serve a passive or recreational function.

Minimum Requirement: For any new single-family or townhouse development: A minimum of ten percent (10%) of the gross site area shall be in common open space.

Qualified Open Space: The following may qualify to meet the common open space requirements:

Maintenance:

Private Open Space Requirements: For any new multifamily development: A minimum of fifty (50) square feet of private, usable open space shall be provided for all ground level dwelling units and fifty percent (50%) of above-ground-level dwelling units.

Common Open Space Requirements:

Maintenance: