A.   Description; Purpose: Lands lying in unincorporated portions of Gem County which should not undergo urban development. The purpose of this zone is to protect these areas for cultivation, floriculture, horticulture, tree farming, grazing, greenhouses, vineyards, orchards, general farming, truck farming, dairying, rabbitry, poultry and stock raising and other agriculture uses.

   B.   Minimum Size: Forty (40) acre minimum lot size.

   C.   Additional Dwellings: Allow additional dwellings in forty (40) acre agriculture zones for housing hired help for the operation of the farm upon approval of the Commission by special use. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)

   A.   Description; Regulations: Lands lying within those unincorporated portions of Gem County that are likely to undergo a more intensive urban development. The regulations governing this zone are designed to protect agricultural pursuits and provide guidelines for conversion to suburban development.

   B.   Minimum Size: Five (5) acre minimum lot size. (Ord. 2009-05, 9-28-2009)

   A.   Description; Regulations: Lands lying within those unincorporated portions of Gem County that are restrained by topography and/or vehicular access and are intended to remain rural in nature without urban development. The regulations governing this zone are designed to protect long term agricultural pursuits.

   B.   Minimum Size: Five (5) acre minimum lot size. (Ord. 2009-05, 9-28-2009)

   A.   R-2 residential transitional (RT) single-family:

   B.   R-3 rural residential (RR) single-family:

      2.   Minimum Lot Size: Two (2) acre minimum lot size requirement. (Ord. 2009-05, 9-28-2009; amd. Ord. 2014-05, 7-7-2014; Ord. 2019-08, 8-26-2019)

   A.   Purpose: To provide lands for the development of multi-family dwelling units of two (2) units or more conveniently located as to create an opportunity for the development of multi-family dwellings, manufactured/mobile home subdivision, and other types of residential development which creates a high population density and which would not be compatible with single-family residential development. Due to the proposed population density, it is advisable that this zone be confined to areas which have a direct access and egress to an arterial or collector thoroughfare and shall be served by central water and by central sewage facilities.

   B.   Minimum Size: One acre minimum lot size requirements in areas that can be served by individual well and septic systems as approved by the health department (this may be reduced if lot is on a central water and sewer system). (Ord. 2009-05, 9-28-2009; amd. Ord. 2019-08, 8-26-2019)

   A.   Mixed development of residential, offices, commercial and light industrial along designated corridors of Gem County. Residential will be allowed in this zone. Office, commercial and light industrial uses will be allowed by a special use permit only in this zone.

The area of the zone shall be described as follows:

Highway 16 from South Washington Avenue East to Cherry Lane and Sand Hollow Road, a corridor of 660 feet from the State Highway property line on each side of the Highway, excluding those areas previously zoned commercial, industrial and public areas. Highway 52 from South Washington Avenue West to Airport Road, a corridor of 660 feet from the state property line of each side of the Highway, excluding those areas previously zoned commercial, industrial and public areas.

Highway 52 (N. Washington Ave.) North from the Payette River to the intersection of Highway 52 (N. Washington Ave.) and Black Canyon Hwy, excluding currently zoned commercial areas. A corridor of 660 feet from the State Highway centerline on each side of the Highway.

At the intersection of W. Hwy 52 and Idaho Blvd. running East on Idaho Blvd. for 8/10's of a mile. A corridor of 330 feet from the center line on both sides of Idaho Blvd. Berglund Road from Idaho Blvd. to the W. Hwy 52 intersection - a corridor of 330 feet from the center line of Berglund Road; then West on W. Hwy 52 to the intersection of W. Hwy 52 and Idaho Blvd. - a corridor of 660 feet from the State Highway center line on the North side of the State Highway. North on Petersburg Road to the railroad right-of-way - a corridor of 150 feet from the Petersburg Road centerline on each side of Petersburg Road. Florence Street from the intersection of Boise Ave. to Pennsylvania Ave. - a corridor of 150 feet from the Florence Street centerline on the North side of Florence Street.

At the Intersection of N. Highway 52 running North on the Sweet - Ola Highway to Brownlee - Liberty Road a corridor of 330 feet from the Sweet - Ola Highway centerline on each side of the Sweet - Ola Highway. Knowlton's Subdivision 1 & 3 in the Sweet Township shall have a corridor of 150 feet from the Sweet - Ola Highway centerline on each side of the Sweet - Ola Highway.

On the Sweet - Ola Highway North from Perkins Lane to High Valley Road a corridor 660 feet from the center line to the East side of the Sweet - Ola Highway, and 330 feet from the center line on the West side of the Sweet - Ola Highway.

Any division of land in this zone will be regulated by the state of Idaho local planning act, and the Gem County zoning ordinance.

Single-family dwellings will be an allowed use in this zone. Multi-family dwellings may only be allowed by special use permit.

   B.   The minimum lot size shall be one acre in areas that can be served by individual well and septic systems as approved by the health department. (Ord. 2009-05, 9-28-2009; amd. Ord. 2019-08, 8-26-2019; Ord. 2022-07, 8-1-2022)

   A.   Purpose: To provide an area for convenience business uses meeting the needs of nearby residential neighborhoods. To provide an area for commercial business uses and to restrict incompatible commercial uses which may be better located in other commercial zones.

   B.   Minimum Size: One acre minimum lot size requirements in areas that can be served by individual well and septic systems as approved by the health department (this may be reduced if lot is on a central water and sewer system). (Ord. 2009-05, 9-28-2009; amd. Ord. 2019-08, 8-26-2019)

   A.   Purpose: To provide an area for business uses larger in scale and more intensive than the uses allowed in the C-1 commercial zone, uses which provide general retail and travel needs within the community bordering highways.

   B.   Minimum Size: One acre minimum lot size requirements in areas that can be served by individual well and septic systems as approved by the health department (this may be reduced if lot is on a central water and sewer system). (Ord. 2009-05, 9-28-2009; amd. Ord. 2019-08, 8-26-2019)

   A.   Purpose: To provide an area where industrial uses of land more intensive than commercial uses, but not creating undue congestion, noise, odor or waste, may be located away from industries that do have such effects.

   B.   Performance Standards: Manufacturing, assembling, fabricating, processing, packaging or storage uses which have not been a nuisance by statute, resolution or any court of competent jurisdiction and provided these uses shall not cause:

      1.   Unreasonable dust, smoke, gas, fumes, noise, vibration or odor beyond the boundaries of the site on which such use is conducted.

      2.   Hazards of fire, explosion or other physical damage to any adjacent building.

   C.   Minimum Size: One acre minimum lot size requirements in areas that can be served by individual well and septic systems as approved by the health department (this may be reduced if lot is on a central water and sewer system). (Ord. 2009-05, 9-28-2009; amd. Ord. 2019-08, 8-26-2019)

   A.   Purpose: To provide an area for uses of a less desirable nature and which are needed to serve the needs of a community but in conflict with the purpose of agricultural, residential, commercial and light industrial zones.

   A.   Purpose: To establish or provide lands for and encourage the development of well planned, designed technological-industrial parks which would accommodate certain light industrial, technological, professional offices and similar activities.

   A.   Purpose: To provide locations for governmental buildings and land uses, while enhancing and preserving the character of publicly owned properties.

   B.   Minimum Size: One acre minimum lot size requirements in areas that can be served by individual well and septic systems as approved by the health department (this may be reduced if lot is on a central water and sewer system). (Ord. 2009-05, 9-28-2009; amd. Ord. 2019-08, 8-26-2019)

   A.   Purpose: The purpose of the Shadow Butte Industrial Park Zoning Overlay District is to implement land use and design objectives for the Shadow Butte Industrial Park (hereafter referred to as "SBIP"). Specifically, the purpose of the SBIP Zoning Overlay District is to specify allowed, prohibited and special land uses within the SBIP, promote and encourage a growing economy, protect the natural and existing environment within the SBIP, provide clean industry and employment for Gem County and its residents, and develop, maintain and enhance existing commercial and industrial uses and the aesthetic features of the SBIP. (Ord. 2009-05, 9-28-2009)

   B.   Defined: The Shadow Butte Industrial Park Zoning Overlay District shall encompass the area depicted on exhibit 1 of this section. (Ord. 2018-02, 2-26-2018)

   C.   Development Standards, Permitted Uses, And Prohibited Uses: There shall be no development or alteration of the lands, uses, or structures within this overlay district except as provided for by this section from the date of its enactment, and other applicable sections of this title and other County ordinances.

While this section, adopted under the Local Land Use Planning Act, authorizes and restricts land uses within the overlay district, properties in the overlay district may be subject to private restrictions, such as recorded covenants, conditions, and restrictions, and/or agreements for the provision of water and sewer utility services. Such restrictions and agreements may further restrict land uses within the overlay district. This section is not intended to and does not alter such restrictions and agreements.

Development requirements and permitted uses shall be established for this overlay district as follows:

      1.   Development Standards, All Areas: The following development standards shall apply to all areas within the SBIP Zoning Overlay District:

 

 

Note:

   1.    Any building over 3 stories must have fire sprinklers installed.

      2.   Permitted Uses: Notwithstanding other zoning regulations or City of Emmett Public Works Standards to the contrary, the following uses are allowed by right within the SBIP Zoning Overlay District:

         Agribusiness production, distribution, packaging, and warehousing, including horticulture, floriculture, vegetable growing, plant propagation, nursery operations, and other agricultural activities.

         Apparel and related products.

         Assembly of electronic or mechanical parts and equipment.

         Beverage bottling plant.

         Brewery facilities.

         Building materials, manufacturing (e.g., cement block).

         Chemical laboratories and processing.

         Concrete products.

         Contractors (storage, warehouse, accessory office space).

         Electronics manufacturing and repair.

         Fabrication shop.

         Freight house or truck terminal.

         Heavy equipment manufacturing.

         Household appliance repair.

         Manufacturing of consumer goods, including appliances, batteries, furniture, garments and similar products.

         Medical equipment/products manufacturing.

         Metalwork and machine shops.

         Milled wood products (furniture, fixtures, cabinets, etc.).

         Newspaper, printing shop and distribution of printed material.

         Packaging of consumer goods, including food products, cosmetics, pharmaceutical, toiletries, etc.

         Paint shops (except auto repair shop).

         Paper and textile products.

         Printing and publishing.

         Processing and manufacture of food products, including bakery goods, candies, beverages, etc.

         Scientific research laboratory.

         Storage of products, including merchandise, domestic goods, raw materials.

         Warehouse.

         Wholesale distribution centers.

      3.   Ancillary Uses: Commercial uses allowed in the Gem County C-1 and C-2 Zones are prohibited as primary uses in the SBIP Zoning Overlay District, except for those listed in subsection C2 of this section. However, each approved industrial or manufacturing activity may use up to twenty percent (20%) of the gross floor area of the building for ancillary commercial purposes associated with that specific industrial or manufacturing use. These uses may include, but are not limited to, a sales office, showroom, factory outlet store, and/or commercial sales of products manufactured, assembled, or housed on the parcel.

In addition, where an ancillary commercial use principally serves employees within the SBIP, up to five percent (5%) of the gross acreage of the SBIP may be authorized for said uses as stand alone businesses.

      4.   Uses Permitted With Special Use Permit: Proposed uses not listed under subsection C2 or C3 of this section that serve to meet the industrial employment objectives of the SBIP and are compatible with the permitted uses in subsection C2 of this section may be allowed as special uses. Under such authorization, a special use permit application shall be submitted and subsequently approved in accordance with the Gem County zoning ordinance provisions prior to issuance of a building permit.

      5.   Prohibited Uses: All uses not listed above as permitted, ancillary or special uses are prohibited within the SBIP Zoning Overlay District. (Ord. 2009-05, 9-28-2009)

(Ord. 2018-02, 2-26-2018)