The purpose of performance standards is to set specific conditions for various uses, classifications of uses or areas where problems are frequently encountered. (Ord. 2009-05, 9-28-2009)

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

   A.   Visibility At Intersections: On a corner lot in any zone, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of four feet (4') and ten feet (10') above the centerline grades of the intersection streets in the area bounded by the right of way lines of such corner lots and a line adjoining points along said street right of way lines forty feet (40') from the point of intersection.

   B.   Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate zone.

   C.   Side And Yard Requirements For Nonresidential Uses Abutting Residential Zones: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential zone, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the commission is provided. Such screening shall be masonry or solid fence between four feet (4') and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting.

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

   E.   Exceptions To Height Regulations: The height limitations contained in the official height and area regulations found in section 11-5-7 of this title do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, smokestacks or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport. However, if the height of such structures is proposed to exceed six (6) stories then a special use permit will be required.

   F.   Swimming Pools: Requirements for fencing of swimming pools shall meet the international residential code, section AG 105, barrier requirements.

   G.   Fence And Wall Restrictions In Yards: In any front yard, or other yard bordering a public roadway, no obstruction shall be permitted which materially impedes vision across such yard between the height of three feet (3') and ten feet (10'), and in no instance can be constructed so as to create a traffic or visual hazard. (Ord. 2009-05, 9-28-2009)

No land or building in any zone shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises without a special use permit, except that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:

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

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

   C.   Noise: Objectionable noise which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement;

   D.   Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property;

   E.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the authorized public health authority;

   F.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial zone or from any public street;

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

   H.   Solid Waste: Refer to title 4, chapter 1 of this code;

   I.   Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority;

   J.   Enforcement Provisions: The administrator, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances; and

   K.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute (ANSI), New York; the United States bureau of mines and the health authority. (Ord. 2009-05, 9-28-2009)

Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title. All distance requirements hereinbelow enumerated shall be reciprocal, e.g., commercial feedlots shall not be located closer than one thousand feet (1,000') from any residence except the owner's and all residences except the owner's shall not be located closer than one thousand feet (1,000') from commercial feedlots.

   A.   Accessory Buildings: Refer to section 11-5-6 of this title for provisions.

   B.   Agricultural Buildings: The agricultural building must be placed in an agricultural zone and must be placed on five (5) acres or more.

   C.   Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property. (Ord. 2009-05, 9-28-2009)

   D.   Animal Commercial Feedlots, Meatpacking, Processing Plant And Slaughterhouse Facilities:

      1.   See chapter 20 of this title for approval procedures and design standards for confined animal feeding operations. (Ord. 2014-03, 2-18-2014)

      2.   Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor.

      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.

      4.   Gem County will comply with the requirements of Idaho Code 67-6529, subsection (2) regarding the siting of new confined animal feeding operations. Specifically, the Commission And Board shall each hold at least one public hearing affording the public an opportunity to comment on each proposed site before the siting of such facility. Several sites may be considered at any one public hearing. Only members of the public with their primary residence within a one mile radius of a proposed site may provide comment at the hearing.

   E.   Vehicle Hobbyist, Collector: Vehicles will be kept out of sight from all public rights of way and public spaces and stored in an orderly manner. The following standards shall apply:

      1.   A vehicle hobbyist/collector permit is required and must be obtained through the development services department prior to using the property for hobby vehicle storage.

      2.   Only incidental buying/selling of vehicle components is allowed.

      3.   The owner/applicant is responsible to comply with Idaho department of environmental quality (DEQ) requirements for preventing ground penetration of hazardous liquids.

      4.   The owner/applicant must prevent vehicles from becoming a rodent habitat or any other public health nuisance.

      5.   The owner/applicant must immediately remove any vehicles that exceed the permitted number shown in subsection E7 of this section.

      6.   Mobile and manufactured homes shall not be allowed as hobby vehicles.

      7.   The maximum number of vehicles allowed per parcel (or contiguous parcels if under the same ownership), based on conforming parcels within each zone, is set forth in the following table:

 

   Notes:

      1.    Must be a legal conforming parcel or limited to the next lowest number allowed.

      2.    The maximum number of hobby vehicles in the MX zone is dependent upon the primary use of the property. For example, if the primary use is equivalent to R-2, the maximum number allowed is 3.

   (Ord. 2014-05, 7-7-2014)

   F.   Boathouse:

      1.   Will be located within a shore lot.

      2.   Will be set back a minimum of one hundred feet (100') from the normal high water elevation of a lake, pond, river or stream, or ten feet (10') from the high water mark.

      3.   Will not be more than one boathouse on the premises for each shore lot.

      4.   Will not exceed a height of fifteen feet (15').

      5.   Will not exceed three hundred (300) square feet in horizontal area covered.

      6.   Will not be located any closer than ten feet (10') to any property line.

   G.   Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:

      1.   Will be located at least three hundred feet (300') from a residential zone, a residence, motel, hotel, except for an owner's residence.

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

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

   H.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief and the state fire marshal.

   I.   Contractor's Yard:

      1.   Will be located a minimum distance of three hundred feet (300') from any residence except for an owner's residence.

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

   J.   Daycare:

      1.   Daycares shall meet all local and state regulations and licensing requirements.

      2.   In Gem County, an operator or employee of any daycare center shall submit to the Gem County sheriff's office for criminal background investigation.

   K.   Drive-In Restaurant:

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

      2.   Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence.

      3.   Will provide for adequate trash receptacles.

      4.   Will avoid the direction of night lighting toward any residence.

   L.   Dwelling, Accessory:

   M.   Electricity Generating Facilities: Certain types of electricity generating facilities are permitted in agricultural and industrial zones if all conditions are met below:

      1.   The facility must only use natural gas, biomass, solar cells or wind power to produce electricity for sale. The use of diesel fuel is allowed only for emergency generation or electricity for fire suppression or winding down turbines.

      2.   The owner or operator of the facility must show compliance with applicable Idaho public utility and federal energy regulatory commission rules and regulations before receiving a zoning permit and must operate the facility in conformance with those same regulations.

      3.   Facility improvements must be at least two thousand five hundred feet (2,500') from any residence existing at the time of the application for permit. This distance shall be measured from the centerline of the power producing turbine to the closest edge of the residence. The distance may be shortened if the applicant applies for and is granted a variance using the standards and procedures contained in chapter 13 of this title. Provided however, that the owner of any affected residence may waive, in writing, the setback requirement for that residence. If such waiver is submitted to the development services office no variance is required.

      4.   Operation of the facility shall not create or cause any dangerous, injurious, noxious or otherwise objectionable condition that could adversely affect the surrounding area or adjoining premises. Operation of the facility shall not result in any noise louder than fifty eight (58) decibels on the A-weighted decibel scale as measured from seven hundred fifty feet (750') from the centerline of the power producing turbine. A higher decibel reading would require a variance. The administrator shall cause the applicant to provide information detailing possible adverse impacts and require mitigation of the same as set forth in chapter 13 of this title.

      5.   The applicant, with its zoning permit application, shall submit and thereafter follow a landscaping, screening and noise control plan to comply with subsection M4 of this section. The plan's ability to comply with subsection M4 of this section shall be certified by a licensed engineer employed by the applicant. All improvements on the facility shall be enclosed by an appropriate security fence.

      6.   The applicant shall demonstrate and maintain an adequate fire protection and fire suppression capacity, including entering into an agreement with a public firefighting agency when the property is within the jurisdiction of such agency. Said agreement must be submitted with the building permit application and be recorded prior to issuance of a certificate of occupancy.

      7.   Before a zoning permit is granted, the applicant shall hold at least two (2) public meetings. Notice of those meetings shall be by publication in a local newspaper and by mail to property owners within one mile of the proposed facility.

   N.   Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activity:

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

      2.   Will provide temporary ground cover, such as mulch.

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

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

      5.   Will not result in a floodway, channel or natural drainage.

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

      7.   Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way.

      8.   Will restore topsoil or loam to a depth of not less than four inches (4").

      9.   All state or federal regulations and permits must be complied with.

      10.   Compliance with ordinance 2007-21. (Ord. 2009-05, 9-28-2009)

   O.   Gravel Extraction, Rock Quarries, Sand And Clay Extraction And Other Natural Resources Of Commercial Value:

      1.   Prohibited Areas:

         a.   Mineral Extraction Overlay: No new mineral extraction operations shall be located within the areas identified on the "mineral extraction" overlay map on file with the county.

         b.   Zones: See section 11-5-5 of this title for zones where mineral extraction uses are a prohibited use or a special use.

      2.   Mineral Extraction Permit Classifications: A permit, as defined below, shall be required before commencing any mineral extraction operation, unless otherwise exempted by this chapter.

         a.   Class 1 Permit: This is a permit to meet the needs of small, short term excavation and/or construction projects. It applies to operations that will not exceed five (5) acres of excavated area to a maximum depth of twenty feet (20') and will be active for no more than twenty four (24) months. Class 1 permits are not eligible for time extensions. On site crushing is not permitted as part of a class 1 permit.

         b.   Class 2 Permit: This permit applies to operations that will be active for more than twenty four (24) months and will not exceed ten (10) acres of excavated area.

         c.   Class 3 Permit: This permit applies to all operations that do not fall under class 1 or class 2 above.

      3.   Exceptions: A mineral extraction permit shall not be required for any of the following:

         a.   Excavation or grading for agricultural or noncommercial purposes;

         b.   Excavation or removal of three hundred (300) cubic yards or less of material per year for use on the owner's property; or

         c.   Excavation conducted directly by federal or state authorities in connection with construction or maintenance of roads, highways or utilities or excavation conducted by a local jurisdiction during an emergency as declared by the governing board.

      4.   Required Findings For Mineral Extraction Permit: In lieu of the special use permit (SUP) general standards in section 11-7-3 of this title, the commission shall use the following findings to review mineral extraction operation permits. The commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is able to meet each finding:

         a.   The use must not create significant negative impact on public health, safety and welfare in the immediate vicinity.

         b.   The use must not create unsafe conditions to or an excessive burden on existing parks, schools, roads and other public facilities and utilities that serve or are proposed to serve the area.

         c.   The use must be sufficiently compatible or separated by distance or screening from adjacent lands so that existing uses will not be hindered in the enjoyment of their property and there will be no deterrence to the legal development of vacant land.

         d.   The structure and site must have an appearance that will not unreasonably create an adverse effect upon adjacent properties.

         e.   The use must be consistent with the purposes of the zoning ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use.

         f.   The use must be in conformance with the comprehensive plan.

         g.   The use must not cause a traffic hazard or congestion.

         h.   Existing land uses nearby must not be adversely affected unreasonably by intrusion of noise, glare, dust, vibration or general unsightliness.

         i.   The use must not cause significant adverse impact to surface or ground water resources.

      5.   Preapplication And Application Submittal Requirements:

         a.   Prior to the submittal of any special use permit application for a class 2 or class 3 mineral extraction use, the applicant shall have completed a preapplication conference with the administrator. An applicant seeking a preapplication conference shall submit one copy of a legible concept plan to the administrator that includes all properties of record within one- half (1/2) mile of the site, existing buildings, roads, irrigation facilities and other key natural features on the site.

         b.   Upon receipt of a notice to proceed, the applicant shall submit an application form, provided by the development services department, filled out completely and signed by the property owner.

         c.   Submit a list of all documented wells (e.g., domestic, irrigation, injection) located within one-half (1/2) mile of the subject property boundary.

         d.   Submit a baseline groundwater depth taken from the proposed excavation area. The data source must be provided and it must be no more than one year old. Depending upon the time of year and the size of the future excavated area, the administrator may request additional data.

         e.   If explosives are intended for use in the excavation operation, the application shall include the estimated time frames, amounts and impacts of said explosives.

         f.   Submit proposed commencement and completion dates for the commercial extraction operation.

         g.   Submit a traffic plan showing mitigation of any potential hazards.

      6.   General Requirements (Applicable To All Class 1 Through 3 Permits):

         a.   The owner/operator shall comply with all relevant sections of subsection N of this section regarding grading, earthmoving and gravel pit operations.

         b.   All mineral extraction operations shall be considered a temporary use of land.

         c.   Mineral extraction permits are nontransferable to another property and only valid at the location specified in the application. Permits may be transferred to a new owner. All terms and conditions of the original permit remain in effect and in full force upon any transfer to a new owner.

         d.   Proposed hours of operation for both extraction and crushing shall be disclosed in the special use permit application and may be limited by the county in the permit to protect the public welfare.

         e.   All permits shall be subject to an on site review at the discretion of the development services department to ensure compliance.

         f.   Unless otherwise approved by the commission during the SUP process, any new signs shall comply with chapter 10 of this title.

         g.   Prior to the start of operations, the owner/operator shall provide the development services department with a letter from the appropriate fire district approving the vehicular access to the site.

         h.   Prior to the start of operations, the owner/operator shall provide the development services department with a copy of the reclamation plan approved by the Idaho department of lands.

         i.   The owner/operator shall comply with all Idaho department of lands, Idaho department of environmental quality, Idaho department of water resources, Idaho transportation department, occupational safety and health administration, mining safety and health administration, environmental protection agency and any other applicable state or federal regulations.

         j.   All costs incurred to comply with the conditions of approval shall be borne by the owner/operator.

         k.   All public notices for extraction operations shall be done in accordance with section 11-7-6 of this title except that the public mailing shall be provided to property owners and residents up to one-half (1/2) mile beyond the external boundaries of the land being considered for all permits.

         l.   Outdoor site lighting, if used, shall be downcast lighting compatible with dark sky protection standards.

         m.   The owner/operator shall comply with all relevant sections of title 13 of this code regarding property located within the 100-year floodplain.

      7.   Extraction And Operating Standards:

         a.   No extraction, movement or stockpiling is allowed within the minimum yard setback areas as defined in section 11-5-7 of this title except where ponds are contiguous and the county encourages the potential joining of ponds. The tops and toes of cut and fill slopes shall remain outside the setback areas.

         b.   Unless waived by the commission or board, safety fencing, at a minimum of six feet (6') in height, shall be erected around any active extraction areas.

      8.   Mineral Processing Standards (Postextraction Activities):

         a.   Any rock crusher associated with a class 2 or class 3 operation shall be placed in a location as determined during the public hearing and sited to minimize noise impacts in compliance with all federal and state regulations (class 1 permits do not allow on site rock crushing).

         b.   The crusher shall be operated in accordance with dust abatement standards of the Idaho department of environmental quality.

         c.   Upon depletion of the area, all temporary buildings and structures except property line fences and structures for the loading, measuring or weighing of salable material in storage, shall be entirely removed from the property.

         d.   For any mineral extraction operation that results in a permanent pond, the following standards shall apply:

            (1)   For the purpose of this section, a "pond" shall be defined as any pit, mine or quarry area where the reclamation plan results in an area designed to contain standing water year round that is greater than three feet (3') in depth;

            (2)   The pond shall be designed to create a meandering edge around the full perimeter;

            (3)   If the pond will be a public access pond and stocked with fish or other aquatic species regulated by Idaho fish and game, the applicant shall provide documentation from Idaho fish and game's regional office to the development services department that the proposed pond is designed to create viable fish and/or wildlife habitat;

            (4)   If applicable, the applicant shall provide documentation from Southwest district health that the proposed pond shall not cause septic leach fields on adjacent properties to fail;

            (5)   The applicant shall comply with all requirements of the publication, "Best Management Practices For Mining In Idaho", published by the Idaho department of lands.

      9.   Roads And Access:

         a.   The owner/operator shall comply with subsections 11-6-3I and J of this chapter regarding construction of an all weather driveway that meets the applicable fire authority standards.

         b.   When determined appropriate by the road and bridge department, the owner/operator shall enter into a road mitigation agreement with Gem County to address the impacts on the public road system. Said agreement shall be signed and executed prior to the start of operation.

         c.   No gate serving the property shall be located within one hundred feet (100') of a public road right of way to allow for adequate turnout distance for emergency vehicles and other trucks.

         d.   All haul roads shall have a durable surface and shall be graded to drain all surface water from the road driving surface.

      10.   Groundwater, Dewatering And Wells:

         a.   The zoning commission, based on information presented in the public record, may require an on site groundwater monitoring system to be installed to help provide information regarding potential impacts and drawdowns of off site domestic wells in the vicinity of the excavation.

         b.   If dewatering of the on site monitoring well(s) or domestic wells in the vicinity occurs, the county shall have the authority to place a stop work order on the operation until the problem is resolved to the satisfaction of the county engineer.

         c.   If site dewatering creates a public nuisance to property in the vicinity (e.g., flooding, standing water for long periods of time, etc.), the county shall have the authority to place a stop work order on the operation until the problem is resolved to the satisfaction of the county.

      11.   Permit Time Frames, Phasing And Extensions:

         a.   Commencement: The land use time limitations outlined in section 11-7-11 of this title shall apply to all class 2 and class 3 permits. These time frames apply only to the required improvements outlined in the permit and do not apply to the extraction operation itself.

         b.   Phasing:

            (1)   A phasing plan shall be submitted with the special use permit application for all class 2 and class 3 permits. Said plan shall be reviewed as part of the public hearing and become an operation plan of the permit.

            (2)   The zoning commission shall review the status of every permit after the completion of any phase or at the five (5) year anniversary of issuance of the permit, whichever period is shorter. Said review shall be held in a public meeting but not require a public hearing. If the commission makes a determination that full compliance with the terms of the permit is not met, the commission shall give the owner/operator an appropriate time period in which to bring the site into compliance. If, at the end of said period, there is still no compliance, the commission may begin permit revocation proceedings.

            (3)   As each phase is completed, it shall be reclaimed in accordance with the state approved reclamation plan and any applicable county reclamation conditions prior to commencement of the next phase.

         c.   Permit Duration And Time Extensions:

            (1)   The county shall have the authority to establish operation durations on each permit based upon site specific and neighborhood specific factors. Relevant factors include, but are not limited to, proximity to residential, education or commercial uses, the zoning district, length of operating season, and similar factors. However, in no case shall a class 2 permit be less than two (2) years or a class 3 permit be less than three (3) years. Neither a class 2 or class 3 permit shall be greater than ten (10) years. This does not preclude the ability to apply for a time extension.

            (2)   All class 2 and class 3 permits are eligible to apply for a time extension to the permit. Time extensions require submittal of an application and a public hearing. Public notice for a time extension shall be done in accordance with the same noticing process used for the original special use permit. The commission shall base its decision upon the original record, relevant code enforcement records, public complaints of record, other regulatory agency records and testimony from the owner/operator, affected parties and staff.

      12.   Performance Guarantees And Bonding: As a condition of approval, the zoning commission may require the owner/operator post a financial guarantee for improvements not already required by the Idaho department of lands.

      SUMMARY OF CLASS 1, 2 AND 3 PERMIT STANDARDS

 

(Ord. 2013-01, 1-22-2013)

   P.   Home Occupation:

      1.   Up to three (3) employees, other than members of the family residing on the premises, shall be engaged in such occupation.

      2.   The use of the dwelling unit or other structure on the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and does not exceed fifty percent (50%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

      3.   There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal building. A freestanding sign that does not exceed six (6) square feet in size will be allowed unless the property lies within the area of city impact. For said properties, no freestanding sign is permitted. All other sign requirements as delineated in chapter 10 of this title must be followed.

      4.   No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title, and shall not be located in a required front yard.

      5.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

      6.   A notice of the home occupation use shall be given to the county assessor by the property owner within thirty (30) days of implementing the use.

   Q.   Outdoor Storage Of Commercial And Industrial Materials:

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

      2.   Will not be located in any front yard setback area.

   R.   Riding Stables And Schools:

      1.   Will locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence, except for owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property lines.

      2.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor.

      3.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.

   S.   Rifle And Pistol Range:

      1.   Will be designed with a backstop.

      2.   Will be designed to avoid a line of fire that is directed toward any residence or business within one mile.

      3.   Will incorporate landscaping that is compatible with the surrounding landscaping.

      4.   Will provide supervision and security measures during periods of use.

   T.   Roadside Stand:

      1.   Such stand shall not be located within any right of way.

      2.   Operation of the stand must be seasonal. (Ord. 2009-05, 9-28-2009)

      3.   A roadside stand will only be allowed in an A-1, A-2, A-3, C-1, C-2, M-1 and MX zone. (Ord. 2014-03, 2-18-2014)

   U.   Sanitary Landfill:

      1.   Will conform to time limits for daily operation as defined by the board.

      2.   Will provide a bond for privately owned sites to ensure compliance with the provisions of the zoning certificate.

      3.   Will provide for a paved street to the facility.

      4.   Will be supervised during the hours of operation.

      5.   Will be regulated by any state or federal laws.

   V.   Wrecking Yard:

      1.   Will be completely enclosed by a solid eight foot (8') high site obscuring fence.

      2.   Will not result in the storage of automobile, junk or salvage material that is visible from any public right of way.

      3.   Will not result in the storage of automobiles that exceed the height of fence.

      4.   Will have such landscaping that is appropriate with the surrounding area.

      5.   Will not be allowed in any residential zone.

   W.   Yard Sales:

      1.   Property owners may combine goods for the sale providing that the sale is conducted on property owned by one of the participants.

      2.   No more than four (4) yard sales in one calendar year may be held on property the parcel owner(s) retain(s) in his/her possession.

      3.   The yard sale duration shall not exceed three (3) calendar days per event.

      4.   Any participant (seller) involved in a yard sale shall not be engaged in a commercial business of regularly selling the same or similar property as that which is offered for sale at the yard sale. Public nuisance ordinance standards shall apply.

      5.   Yard sales may be conducted in all zones within the unincorporated parts of the county.

   X.   Building Adjacent To Payette River Within A Flood Hazard Area: Will adhere to title 13 of this code. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022; Ord. 2024-06, 10-7-2024)

   A.   Purpose: To promote landscaping in unincorporated Gem County that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health and safety of the county.

   B.   Costs To Developers And Property Owners: Gem County recognizes that landscaping can be a significant expense to businesses, developers, and residents. At the same time, landscaping improves the livability of residential neighborhoods, 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. 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 right of county residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings.

   C.   Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them below:

    BERM: An earthen mound designed to provide visual interest, screen undesirable view, and/or decrease noise.

   BUFFER: A combination of physical space and vertical elements, including, but not limited to, trees, shrubs, berms, fences and/or walls that separate and screen incompatible land uses from one another.

   CALIPER: A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six inches (6") above the ground for all trees up to and including four inch (4") caliper size and twelve inches (12") above the ground for larger sizes.

   CASH ESCROW: Cash or certified check submitted to the clerk of the district court for incomplete landscape improvements to secure a temporary certificate of occupancy. The money will be refunded when the improvements are deemed to be in accordance with the approved landscape plan.

   CERTIFICATE OF OCCUPANCY: Official certification that a building and site conform to the provisions of county ordinance and any other appropriate conditions such as a development agreement, and/or special use permit. A structure cannot be occupied without issuance of a certificate of occupancy.

   CLASS I, II, III TREES: The classes of trees are defined for the purposes of this section by the publication "Tree Selection Guide For Streets And Landscapes Throughout Idaho" by urban forestry unit of Boise parks and recreation department (by the most recent publication). In general, class I trees are smaller ornamental trees, class II trees are medium/large trees appropriate for street tree planting, and class III trees are very large.

   ENTRYWAY CORRIDORS: Arterial roadways that introduce both visitors and residents to Gem County as defined by the Gem County comprehensive plan.

   GIRDLING: Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree.

   GROSS LAND AREA: The total area of the land being developed, exclusive of required street buffers and buffers between incompatible land uses. The calculation for required open space in residential subdivisions and multi-family residential development is based on the gross land area of the land being developed.

   HARDSHIP: An unusual situation on the part of an individual property owner which will not permit that owner to enjoy the full utilization of their property as is enjoyed by others in the community. A hardship can exist only when it is not self-created.

   HEAD TO HEAD SPACING: Placement of sprinkler heads in a rectangular pattern such that one sprinkler head sprays to the next (spacing is 50 percent of the sprinkler's spray diameter). For design flexibility, maximum spacing is up to sixty percent (60%) of the sprinkler's spray diameter. Where winds are a threat, spacing up to forty percent (40%) may be desirable.

   IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of absorption by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots.

   INFILL: Any vacant lot or parcel within developed area of the county, where at least eighty percent (80%) of the land within a three hundred foot (300') radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been developed and are provided.

   LETTER OF CREDIT: A letter issued by a bank or other guaranteed financial institution authorizing Gem County to draw a stated amount of money from the issuing bank under specific, stated conditions.

   MATCH LINES: A heavy line shown on a plan when it is separated onto two (2) or more sheets. The lines are labeled the same on each sheet to depict where the sheets join.

   MATCHED PRECIPITATION RATES: Sprinklers that are designed to work together on the same irrigation valve to deliver an equivalent rate of water application, regardless of the arc of the nozzle being used.

   MICROPATH: A pathway providing access by way of a short travel link between points of destination. The length of a micropath is less than two hundred fifty feet (250'), or two (2) lot depths, and must have a minimum of ten feet (10') width of paved surface.

   MITIGATION: An action that will moderate or alleviate the actual or potential loss of benefits provided to a site and its immediate vicinity by existing trees and landscaping.

   MULCH: A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds.

   PARKING LOT OVERLAY: Any resurfacing of existing parking lot areas with asphalt or other permanent material. No increase in the square footage of the parking area may result.

   PARKING LOT REPLACEMENT: Removal of the existing parking surface done for the purpose of improvement or repair.

   PARKWAY: Landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic. The intent is to increase pedestrian use and safety and to improve the visual aesthetics and environmental quality of roadways.

   RESTRIPING (PARKING LOT): Any change in the configuration, size or distribution of existing painted stripes designed to create spaces for motorized vehicles.

   SIGHT TRIANGLE: The area on either side of an accessway at its junction with a street forming a triangle within which clear visibility of approaching vehicular or pedestrian traffic shall be maintained.

   SOIL STABILIZATION: The state of having sufficient vegetation and gradual slopes to prevent soil erosion and sedimentation onto adjacent features such as sidewalks, driveways, parking areas, lawns, or water bodies.

   STORMWATER SWALE: A broad, shallow channel covered with erosion resistant vegetation and used to conduct, infiltrate, and pretreat surface runoff. Maximum slopes are three to one (3:1).

   TOPPING: Severely cutting back limbs to stubs within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Good pruning practices rarely remove more than one-fourth (1/4) to one-third (1/3) of a tree's crown. Topping starves the tree of needed nutrients produced by leaves in the crown, increases vulnerability to insects and disease, creates weak limbs, rapid new growth, and disfigures the natural shape of the tree. Other common terms for topping include "stubbing", "heading", "heading back", "stubbing off", "tipping", "lopping", or "round over". All forms of topping are prohibited by this section.

   TRIANGULAR SPACING: Placement of sprinkler heads in an equilateral triangular pattern. The distance between heads in each row must be "head to head spacing" as per the definition in this section. The distance between rows is 0.866 times the spacing within the row.

   UNIMPROVED NATURAL FEATURES: Existing wetlands, rock outcroppings, groves of trees, and other naturally occurring features may be left undeveloped in their natural state and may be counted as open space with approval of the administrator.

   D.   Landscape Plan:

      1.   Applicability: A landscape plan and landscape improvements are required for all commercial, industrial, office, and multi-family development, redevelopment, additions, or changes in use. A landscape plan and landscape improvements are also required for all common lots in all R zone residential subdivisions within the area of city impact on all applications for preliminary plats (PP) and final plats (FP). A landscape plan may also be required for uses that vary from the intended character of the surrounding properties as part of the special use permit (SUP) application process. The landscape plan may be on the same site plan used to show parking layout, setback compliance, etc. A preliminary landscape plan review is recommended prior to submission for all developments, but is not required.

      2.   Submittal Requirements: All landscape plans shall comply with the requirements for size, scale, number of copies, and contents as detailed in the application form.

      3.   Landscape Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up leftover space. Landscape plans should be artfully and technically organized in a way that conveys coherence, design, and organization. The landscaping should enhance the physical environment as well as the project's aesthetic character. Also, requiring plans prepared by a landscape professional minimizes the likelihood of trees dying or interfering with other adjacent site features. Therefore, all landscape plans proposed for a large scale development or along any entryway corridor shall be prepared by a landscape architect, landscape designer, or qualified nurseryman.

      4.   Landscape Plan Modification: The approved landscape plan shall not be altered without prior approval of the administrator. No significant field changes to the plan are permitted. Prior written approval of all material changes is required. All approved changes to the landscape plan must be documented prior to issuance of a certificate of occupancy.

   E.   Minimum Design Standards And Installation:

      1.   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 Gem County list of approved and prohibited plant material. The publication categorizes the trees by size as class I, class II, or class III trees. The county recognizes that new plant varieties are being produced every year and will consider other species not listed in the publication. Copies of the publication will be available at the planning and zoning department.

      2.   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 section. The only exception is that conifers may be planted in street buffers around residential subdivisions, and in buffers along Highway 16 and Highway 52.

      3.   Minimum Plant Sizes: The following are minimum plant sizes for all required landscape areas:

 

 

      4.   Tree Species Mix: When five (5) or more trees are to be planted to meet the requirements of any portion of this section, 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 below:

 

 

      5.   Plant Quality: All plant material installed pursuant to this section shall meet or exceed the minimum federal standards as regulated by ANSI Z60.1, American standard for nursery stock.

      6.   Planting Standards: All trees, shrubs, and other plant material shall be planted using accepted nursery standards as published by the American Association Of Nurserymen (latest edition) including hole size, backfilling, and fertilization.

      7.   Staking: Tree staking may be used in areas with high winds or other situations that make staking desirable. When trees are staked, the stakes must be removed within twelve (12) months to prevent damage to the tree.

      8.   Mulch: An organic mulch such as bark or soil aid shall be applied to all planting areas for moisture retention, weed control, and moderation of soil temperatures. Impermeable plastic weed barrier is prohibited under the mulch, because it restricts water and oxygen to the roots. Gravel/rock mulch is prohibited in required landscape areas as per subsection E13b of this section.

      9.   Curbing: All planting areas that border driveways, parking lots, and other vehicular use areas shall be protected by street curbing, wheel stops, or other approved protective devices. Such devices shall be a minimum of thirty inches (30") from all tree trunks to prevent cars from damaging tree trunks.

      10.   Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees:

         a.   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.

         b.   Underground Utilities: All trees shall be planted outside of any easement that contains a power, water or sewer main, unless written approval is obtained from the county engineer. If any utility easement precludes trees required by this section, the width of the required buffer shall be increased to accommodate the required trees.

         c.   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 property owner's ability to access existing utilities for repair and maintenance.

      11.   Erosion Control: Soil and slope stabilization shall result from the landscape installation.

      12.   Berms: Berm slopes shall not exceed three to one (3:1) (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).

      13.   Water Efficiency: The landscape plan shall provide for water efficient landscaping as follows:

         a.   Lawn Areas: Where appropriate, and on sites where other landscape options can be incorporated, large expanses of lawn are discouraged due to its high water consumption.

         b.   Mulch: Mulches shall be organic and broad uses of gravel/rock mulch are restricted as per subsection E8 of this section. Gravel does not retain water, reflects heat, and causes greater stress on trees and shrubs. Organic mulch retains water for a longer period of time for plants.

         c.   Irrigation: Irrigation systems shall be designed for water efficiency as regulated by subsection F of this section.

         d.   Native Plants: Native and other low water use plants are encouraged. The approved plant list as per subsection E1 of this section shows the general water requirements of the trees.

   F.   Irrigation:

      1.   Irrigation Required: All landscape areas regulated by this section shall be served with an approved irrigation system.

      2.   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, and construction methods. At a minimum, the performance specifications shall address the following requirements:

         a.   Required Information: Specifications for the irrigation system shall include:

            (1)   Available gallons per minute;

            (2)   Available water pressure; and

            (3)   Point of connection.

         b.   Backflow Prevention: Provide an appropriate backflow prevention device.

         c.   Coverage: The irrigation system shall be designed to provide one hundred percent (100%) coverage with head to head spacing or triangular spacing as appropriate.

         d.   Matched Precipitation Rates: Sprinkler heads shall have matched precipitation rates within each control valve circuit.

         e.   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.

         f.   Overspray: Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas.

      3.   Subdivision Irrigation Systems: If the irrigation system is part of a residential, commercial, or industrial subdivision, any irrigation pump station shall be on a common lot. Also, the irrigation system must be owned and maintained by an irrigation district or a homeowners' (or business owners') association.

   G.   Sight Triangles:

      1.   Sight Triangles: The following standards shall be observed within all sight triangles, both at controlled and uncontrolled intersections. In all cases, Idaho transportation department (ITD) and Gem County road department standards shall apply in addition to city of Emmett standards.

      2.   Road/Road Intersections: The boundaries of a sight triangle at the intersection of two (2) roads are defined by measuring from the projected intersection of the roadway edge a distance of forty feet (40') along each roadway edge and connecting the two (2) points with a straight line. (See diagram below.)

      3.   Road/Driveway Intersections: The boundaries of a sight triangle at the intersection of a road and a driveway are defined by measuring from the intersection of the property line and the edge of the driveway twenty feet (20') along the roadway and ten feet (10') along the driveway and connecting the two (2) points with a straight line. (See diagram below.)

      4.   Road/Railroad Intersections: The sight triangle at road/road intersections (see subsection G2 of this section) is also applicable to railroad/street crossings with the vision triangle defined by measuring forty feet (40') along the railroad property line and forty feet (40') along the roadway edge and connecting the two (2) points with a straight line.

      5.   Planting And Development Standards:

         a.   Any trees planted within sight triangles (class I or II) shall be pruned to a minimum height of eight feet (8') above the ground or sidewalk surface and fourteen feet (14') above the adjacent roadway surface.

         b.   No evergreen trees shall be planted within any sight triangle.

         c.   No class III trees shall be planted within any sight triangle.

         d.   The maximum height of any berm or vegetative ground cover at maturity within the sight triangle is three feet (3').

         e.   No fences higher than three feet (3') are permitted in the sight triangle.

         f.   No signs taller than three feet (3') are permitted in the sight triangle, except for street/stop signs approved by the Gem County road department.

      6.   Public Safety And Enforcement: When the county determines that a sight obstruction exists, it shall notify the owner of the property upon which the obstruction is located and order that the obstruction be removed within thirty (30) days. The failure of the owner to remove the obstruction shall be punishable as a misdemeanor, and every day the owner fails to remove the obstruction shall be a separate and distinct offense.

   H.   Street Buffers:

      1.   Purpose: Landscape buffers along streets are required in order to improve the visual quality of the streetscape, to soften the impact of parking lots, to unify diverse architecture, and to carry out the comprehensive plan policies related to promoting attractive roadways and street beautification.

      2.   Location: All required buffers shall be located beyond any street right of way and shall be maintained by the property owner, at the property owner's expense, upon which the buffer lies. All street buffers with attached sidewalks shall be measured from the property line and not from the sidewalk or curb. If detached sidewalks are provided as per subsection H8 of this section, the buffer may be measured from the back of curb when it can be demonstrated that there is no opportunity for expansion of the street section within the right of way; the buffer width must exclude the width of the sidewalk. No fences are permitted within required street buffers.

      3.   Applicability: Street buffers shall be required at all subdivision boundaries (i.e., commercial, industrial, high tech, and residential) and all commercial, industrial and high tech developments. Single-family residential, and duplex lots interior to or outside of a subdivision are exempt from required street buffers. Minor subdivisions shall not be required to provide buffers except those located in the area of city impact. All subdivision street buffers must be either on a common lot or within a landscape easement, maintained by a homeowners' or business owners' association, as applicable.

      4.   Buffer Size: The required width of the landscape buffer is calculated as follows: Note: Residential collectors do not have a required street buffer.

 

 

      5.   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 reduction may be submitted to the administrator. The request must demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten percent (10%) of the depth of the lot without a variance.

      6.   Street Trees: All required landscape street buffers shall be planted with trees and shrubs, lawn, or other vegetative ground cover, with a minimum density of one tree per thirty five (35) linear feet. If this calculation results in a fraction 0.5 or greater, round up to an additional tree. If the calculation results in a fraction less than 0.5, round the number down.

      7.   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:

      8.   Parkways And Detached Sidewalks: Sidewalks are required along all arterial streets in new developments at the edge (abutting) of existing city limits. The minimum width of the parkway area between the curb and the sidewalk is five feet (5'). Tree plantings within parkways less than ten feet (10') wide are restricted to class II trees. Existing developments and infill projects may waive the requirement for detached sidewalks to match surrounding conditions. If detached sidewalks are provided on local streets in residential subdivisions, the minimum sidewalk width may be reduced to four feet (4').

      9.   Impervious Surfaces: Allowed impervious surfaces include driveways, signs and walkways. Vehicle display pads and other related impervious surfaces are prohibited in the required street buffer.

      10.   Berms In Street Buffers: Berm design is subject to the provisions of subsections E12 and G5d of this section.

      11.   Stormwater Detention: Stormwater swales may be incorporated into the buffer as provided for in subsection L of this section. Other stormwater detention and retention facilities shall not be permitted in the street buffer.

   I.   Parking Lots:

      1.   Right Of Way Landscaping: A landscape buffer is required between all parking lots and adjacent streets as regulated by subsection H of this section.

      2.   Perimeter Landscaping: The following standards apply to all interior lot lines, side or rear, adjacent to parking lots or other vehicular use areas, including driveways:

         a.   Purpose: Perimeter landscaping defines parking, loading, and other vehicular use areas and prevents two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots, nor does it prohibit commercial or industrial developments with back to back truck docks from sharing paved loading areas.

         b.   Size And Location: Provide a five foot (5') minimum perimeter landscape strip along all interior lot lines that are adjacent to parking, loading, or other paved vehicular use areas, including driveways, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas.

         c.   Landscaping: The perimeter landscape strip shall be planted with one tree per thirty five (35) linear feet and shrubs, lawn, or other vegetative ground cover.

      3.   Internal Landscaping: Interior parking lot landscaping shall be required on any parking lot with more than twelve (12) spaces.

         a.   Required Percentage: The required amount of landscaping is based on a sliding scale as follows:

 

 

         b.   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.

         c.   Parking Spaces: No linear grouping of parking spaces shall exceed fifteen (15) in a row, without an internal planter island.

         d.   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 cross space driving. 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.

         e.   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. Deciduous shade trees must 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.

         f.   Design Flexibility: In parking areas where the strict application of subsection I3a of this section will seriously limit the function and circulation of the lot, up to fifty percent (50%) of the required landscaping may be located near the perimeter of the paved area to emphasize entrance corridors or special landscape areas within the general parking area. Such required interior landscaping which is relocated shall be in addition to perimeter landscape and right of way screening requirements.

         g.   Industrial Exclusion: Industrial parking, storage, and loading areas are specifically excluded from the interior landscape requirements, but shall still be required to meet all perimeter and right of way landscape and screening requirements.

      4.   Existing Parking Lot Applicability: Existing parking lots shall be required to conform to this section based upon the following guidelines:

         a.   For restriping, parking lot overlays, or parking lot replacement less than twenty five percent (25%), no additional landscaping shall be required.

         b.   For parking lot replacement that is twenty five percent (25%) to fifty percent (50%) of the parking area, perimeter and right of way landscaping as required by this section shall be installed.

         c.   For parking lot replacement that is greater than fifty percent (50%) of the parking area, all current landscape standards of this section shall be met.

         d.   If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a nonconformity with parking standards, the administrator shall determine how the code is to be applied.

   J.   Buffers Between Different Land Uses:

      1.   Purpose: The landscape requirements in this subsection are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An "incompatible land use" is defined as one that is more intensely developed than its neighbor (as defined in subsection J4 of this section) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line.

      2.   Responsibility For Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the administrator after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer.

      3.   Buffer Material: The materials within the required buffer between incompatible land uses are regulated as follows:

         a.   Mix Of Materials: All 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 may also be incorporated into the buffer area.

         b.   Barrier Effectiveness: The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer, as necessary, to achieve this goal.

         c.   Buffer Walls: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the county 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 six feet (6') tall is provided, the planting requirement may be reduced to at least one tree per thirty five (35) linear feet, plus shrubs, lawn, or other vegetative ground cover must be provided within the buffer area, in lieu of the requirements of subsection J3b of this section.

         d.   Chainlink Fencing: Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore, the buffer must still be landscaped as per subsection J3b of this section, even if a chainlink fence is provided.

      4.   Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the administrator based upon the nearest use listed.

 

      5.   Minimum Buffer Widths: The minimum buffer width between incompatible land uses is based on the following table:

 

 

   Notes:

       1.    Buffer widths are shown in feet.

       2.    No buffer is required for blank cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per subsection J2 of this section.

       3.    The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of subsection H of this section apply.

      6.   Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial zones and vice versa.

      7.   Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property.

      8.   Relationship To Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see subsection I2 of this section) when calculating the minimum width of the buffer.

   K.   Preservation Of Existing Trees:

      1.   Purpose: This subsection is intended to preserve existing trees four inch (4") caliper or greater from destruction during the development process.

      2.   Site Design: Site plans shall make all feasible attempts to accommodate existing trees four inch (4") caliper or greater within their design.

      3.   Landscape Plan: All existing trees greater than four inch (4") caliper shall be shown on the landscape plan as required by this subsection. Indicate whether each tree is to be retained or removed. Include on the plan a description of how existing trees to be retained are to be protected during construction as required by this subsection.

      4.   Protection During Construction: Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. Construction, excavation, or fill occurring within the drip line of any existing tree may severely damage it. Any severely damaged tree shall be replaced in accordance with subsection K6 of this section.

      5.   Construction Within Drip Line Of Existing Trees: 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.   Grade Changes: Grade changes greater than six inches (6") are prohibited within the drip line of existing trees.

         c.   Compaction: Most of the damage to trees caused by machinery occurs to the root system from compaction of the soil. A simple fence or barrier that encloses the entire area beneath the tree canopy shall be in place prior to construction.

         d.   Utilities: New underground utilities to be placed within the drip line of existing trees shall be installed as per subsection E10c of this section.

      6.   Mitigation Trees: Mitigation is 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. Example: Two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees. Existing prohibited trees within the street buffer or parking lot need not be mitigated for if they are removed. Existing dead, dying, or hazard trees need not be mitigated for if they are removed. Trees that are required to be removed by another governmental agency having jurisdiction over the project need not be mitigated for.

      7.   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 section.

      8.   Incentives: The administrator may allow a reduction up to ten percent (10%) of the required parking spaces to accommodate existing trees. Approval of the reduction in required parking must be obtained in writing prior to submittal of plans.

   L.   Stormwater Integration:

      1.   Purpose: The county encourages the incorporation of vegetated, well designed stormwater filtration swales into required landscape areas where topography and hydrologic features allow. Such integrated site designs can improve water quality and provide a natural, effective form of flood and water pollution control.

      2.   Design Guidelines: Below are requirements for designing a landscape area that integrates stormwater facilities. The planning and zoning and Gem County road department should be involved in the initial design and determining the appropriateness of any site.

         a.   Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. They shall also be designed to accommodate the required number of trees as per this section if located in a street buffer or other required landscape area.

         b.   A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (5') in any horizontal dimension. Grates for sand/grease interceptors may also be incorporated, but the inlet structures may not exceed two feet (2') in any horizontal dimension.

         c.   Gravel, rock, or cobble stormwater facilities are not permitted on the surface of required landscape areas. Cobble may be incorporated into required landscape areas if designed as a dry creek bed or other design feature.

         d.   Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels.

         e.   Organic mulch shall not be used against drainage catch basins due to potential sediment clogging.

         f.   Open water ponds and holding areas with a permanent water level are not permitted in required landscape or buffer areas. However, ponds that are aesthetically designed with special grading and vegetative features may be approved as provided for in subsection P of this section.

         g.   Slopes must be less than three to one (3:1) (horizontal to vertical) for accessibility and maintenance.

         h.   The stormwater facility must be designed free draining with no standing water within twenty four (24) hours of the completion of a storm event.

   M.   Micropath Landscaping:

      1.   Purpose: The purpose of this subsection is to promote trees and other landscaping along micropaths developed within the county. The required landscaping will provide shade and visual interest along the micropaths.

      2.   Applicability: Whenever micropaths are developed within a subdivision or connecting from a subdivision to another subdivision or other destinations, the landscaping standards within this subsection shall apply.

         a.   Planter Width: A landscape strip a minimum of five feet (5') wide shall be provided along both sides of the path. Additional width is encouraged to allow trees to be planted further from the pathway and prevent root damage to the path.

         b.   Required Plants: The landscape strips shall be planted with a minimum of one deciduous tree per thirty five (35) linear feet and shrubs, lawn, or other vegetative ground cover.

         c.   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.

         d.   Shrub Height: Shrubs are limited to three feet (3') high or less at mature size to allow for safety provisions and sight distance.

         e.   Mulch: The solitary use of mulches such as bark alone without vegetative ground covers is prohibited. Mulch under the trees and shrubs is required as per subsection E8 of this section.

         f.   Prohibited Trees: No evergreen trees or class III trees shall be planted within the required landscape strip due to safety, sight distance, and maintenance concerns.

         g.   Fences: Fences adjacent to a micropath landscape strip are recommended to be "see through" as it provides better visibility from adjacent homes or buildings. If solid fencing is used, it shall not exceed six feet (6') in height. The developer is responsible for the construction of the fences adjacent to all micropaths. The fence restrictions shall be included as a note on all final plats that include a micropath.

   N.   Residential Common Open Space:

      1.   Purpose: The purpose of this subsection is to provide common open space in all new residential subdivisions and multi-family developments located within the area of city impact.

      2.   Open Space Requirement: The total land area of all common open space shall equal or exceed five percent (5%) of the gross land area of the subdivision. This requirement shall apply to all single-family residential subdivisions of five (5) acres or more. Multi-family developments shall provide common open space that equals or exceeds ten percent (10%) of the gross land area of the development.

      3.   Common Open Space Defined: "Common open space" shall mean land area exclusive of street rights of way and street buffers, except for right of way specifically dedicated for landscaping within a subdivision. Street buffers wider than the required minimum dimension may count fifty percent (50%) of the additional area as open space. Stormwater detention facilities must be designed in accordance with subsection L2 of this section in order to count toward the open space requirement. Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision.

      4.   Location: The common open spaces shall be located on a common lot. Common open space shall be grouped contiguously with open space from adjacent subdivisions or phases whenever feasible.

      5.   Required Improvements And Landscaping: Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, etc., may be left unimproved. At a minimum, common open space lots shall include: a) one deciduous shade tree per eight thousand (8,000) square feet; and b) lawn, either seed or sod.

      6.   Pathways: Pedestrian pathway linkages from the subdivision to adjacent existing or planned trails shall be provided.

      7.   Maintenance: Land shown on the final plat as common open space may be conveyed to any entity that agrees to accept conveyance. In lieu of entity dedication, it must be conveyed to an owners' association for the purpose of owning and maintaining the common area and improvements thereon.

   O.   Landscape Maintenance:

      1.   Purpose: All required landscaping must be maintained in a healthy, growing condition at all times.

      2.   Responsibility: The property owner is responsible for the maintenance of all landscaping and screening devices required by this section.

      3.   Maintenance Defined: "Maintenance" shall include watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of vandalism, as needed, to maintain a neat and orderly appearance.

      4.   Topping Prohibited: It shall be unlawful to top any street tree required by this section. "Topping" is defined as severely cutting back limbs to stubs within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.

      5.   Tree Grates: Tree grates must 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.

      6.   Dead And Diseased Plant Materials: Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced.

      7.   Open Ponds And Waterways: Open ponds and waterways when used as part of the landscape plan are required to develop a pest control abatement program approved by the Gem County mosquito abatement district and develop a water filtering maintenance program.

      8.   Inspections: All landscaping required by this section will be subject to periodic inspections by county officials to determine compliance or to investigate complaints made against the property.

      9.   Enforcement: Where any property owner to which this section applies fails to maintain the required trees, landscaping, or screening devices, the county may issue a written notice requiring the owner to: a) replace any dead or dying trees or other plant materials that were required by their approved landscape plan or by this section; b) repair or replace any required screening devices that have been destroyed, removed, or are in a state of disrepair; c) remove weeds; or d) perform any other action necessary to comply with the requirements of this section.

      10.   Penalty: The owner shall comply with the provisions of the written notice within sixty (60) days of the issuance of the notice. Failure of the owner to comply with the notice within the specified time frame shall be punishable as a misdemeanor, and every day the owner fails to comply shall be a separate and distinct offense.

      11.   Extension: The administrator may grant an extension of time beyond the required sixty (60) day period due to seasonal or adverse weather conditions which make replanting or replacement impractical. In no case shall the extension exceed six (6) months.

      12.   Contract Options: If the site is not maintained as required, Gem County has the right to declare the property a nuisance and contract maintenance at the expense of the property owner.

   P.   Alternative Compliance:

      1.   Purpose: The intent of this subsection is to encourage creative solutions to land use problems. The county recognizes that the specific requirements of this section cannot and do not anticipate all possible landscape situations. In addition, Gem County recognizes that there may be landscape proposals which conform to the purpose, intent, and objectives of the landscape regulations but were not anticipated in the specific regulations. Therefore, the administrator may allow for a method of alternative compliance in the event of these situations.

      2.   Conditions: Requests for alternative compliance are allowed only when one or more of the following conditions are met:

         a.   Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical.

         b.   The site involves space limitations or an unusually shaped lot.

         c.   Due to a change of use on an existing site, the required landscape buffer is larger than can be provided.

         d.   Additional environmental quality improvements would result from the alternative compliance.

         e.   Safety considerations make alternative compliance desirable.

         f.   Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this section.

         g.   The applicant is proposing a pond with a permanent water level in a required landscape area.

      3.   Submittal Requirements: The following items are required to apply for alternative compliance. Note: If a project is being submitted as a planned development, a separate application for alternative compliance is not required.

         a.   A written request for alternative compliance shall be submitted to the planning and zoning department prior to submittal of the development application. The request shall state:

            (1)   The ordinance requirements that are proposed to be modified;

            (2)   The project conditions in subsection P2 of this section which justify the proposed alternative; and

            (3)   How the proposed alternative meets or exceeds the intent of said requirement.

         b.   A conceptual site plan and other information as necessary to illustrate the proposed method of alternative compliance.

         c.   An application fee as set by the Gem County board of commissioners.

      4.   Design Flexibility: The administrator or the administrator's designee shall have authority to vary on a case by case basis the required landscaping where an alternative requirement would address unique site conditions and allow design flexibility while still serving the intent of this section.

      5.   Variance: If compliance with this section is not possible and there is no feasible proposal for alternative compliance which is, in the judgment of the administrator, equal or better than normal compliance, the applicant must apply for a variance in accordance with the provisions of chapter 13 of this title. The applicant may also appeal the decision to the Gem County commissioners by filing an appeal with the clerk of the district court's office.

      6.   Precedent: Alternative compliance shall not be limited to the specific project under consideration and shall not establish precedent for acceptance in other cases.

      7.   Time Line: The administrator or the administrator's designee shall respond to the applicant within fifteen (15) working days regarding acceptance or denial of the proposed alternative.

   Q.   Certificate Of Occupancy:

      1.   Issuance Of Certificate Of Occupancy: All required landscaping and site features must be installed according to the approved landscape plan prior to issuance of a final certificate of occupancy. Private site improvements that are above and beyond the requirements placed on the application do not require completion prior to occupancy; for example, a clubhouse in a residential subdivision need not be completed prior to occupancy of residences in the subdivision.

      2.   Extension Of Time For Compliance: The administrator may issue a temporary certificate of occupancy for a specified time period, not to exceed six (6) months when, due to weather or other circumstances, the landscaping or other required site amenities cannot be completed. Whenever a temporary certificate of occupancy is issued, the following shall apply:

         a.   Letter Of Credit Or Cash Escrow: A letter of credit or cash escrow for one hundred ten percent (110%) of the cost of installation must be filed with the clerk of the district court prior to issuance of a temporary certificate of occupancy. A formal bid must accompany the letter of credit or cash escrow. The letter of credit or cash escrow shall be effective for a minimum of twelve (12) months. The letter of credit or cash escrow will not be released until all landscaping and other site amenities are completed as shown on the approved site plan.

         b.   Permission To Enter Property: Any property owner wishing to make arrangements with the county for a temporary certificate of occupancy must also allow the county to enter upon the land for the purposes of installing the required landscaping and other site amenities in the event that the landscaping is not in place when the temporary certificate of occupancy expires.

   R.   Landscape Plan Submittal Requirements:

      1.   Applicability: All applications for a final plat (FP) must comply with all requirements of subsection R3, "Contents", of this section for a detailed landscape plan. Applications for special use permit (SUP) and preliminary plat (PP) are exempt from subsections R3m, R3n, R3o and R3p of this section and may instead show conceptual landscaping with tree locations only and conceptual screening structures; all other subsections of this section still apply.

      2.   Plan Size And Scale: The landscape plan must have a scale no smaller than one inch equals fifty feet (1" = 50') (1 inch = 20 feet is preferred) and be on a standard drawing sheet, not to exceed thirty six inches by forty eight inches (36" x 48") (24 inches x 36 inches is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two (2) or more sheets.

      3.   Contents: The landscape plan shall comply with the provisions of this section and shall include the following elements:

         a.   Date, scale, north arrow, and title of the project.

         b.   Names, addresses, and telephone numbers of the developer and the person/firm preparing the plan.

         c.   Existing boundaries, property lines, and dimensions of the lot.

         d.   Relationship to adjacent properties, streets, and private lanes.

         e.   Easements and right of way lines on or adjacent to the lot.

         f.   Existing/proposed zoning of the lot, and the zoning and land use of all adjacent properties.

         g.   Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings.

         h.   Locations, size, and species of all existing trees on site with trunks four inches (4") or greater in diameter, measured six inches (6") above the ground. Indicate whether the tree will be retained or removed.

         i.   A statement of how existing healthy trees proposed to be retained will be protected from damage during construction.

         j.   Existing buildings, structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other manmade elements.

         k.   Existing and proposed contours for all areas steeper than twenty percent (20%) slope. Berms shall be shown with one foot (1') contours.

         l.   "Sight triangles" as defined in subsection C of this section.

         m.   Location and labels for all proposed plants, including trees, shrubs, and ground covers.

         n.   A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, and comments (for spacing, staking, and installation, as appropriate).

         o.   Planting and installation details, as necessary, to ensure conformance with all required standards.

         p.   Design drawings of all required structures for screening purposes.

         q.   Calculations of project components to demonstrate compliance with the requirements of this section, including:

            (1)   Special use permit applications:

               (A)   Number of street trees and linear feet of street frontage.

               (B)   Width of street buffers.

               (C)   Width of parking lot perimeter landscape strip.

               (D)   Buffer width between different land uses.

               (E)   Number of parking stalls and percent of parking area with internal landscaping.

               (F)   Total number of trees and tree species mix.

               (G)   Mitigation for removal of existing trees.

            (2)   PP and FP applications:

               (A)   Width of street buffer, linear feet of street frontage, and number of street trees.

               (B)   Residential subdivision trees.

               (C)   Acreage dedicated for common open space.

               (D)   Number of trees provided on common lot(s).

               (E)   Mitigation for removal of existing trees.

      4.   Landscape Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up leftover space. Landscape plans should be artfully and technically organized in a way that conveys coherence, design, and organization. The landscaping should enhance the physical environment as well as the project's aesthetic character. Also, requiring plans prepared by a landscape professional minimizes the likelihood of trees dying or interfering with other adjacent site features. Therefore, all landscape plans proposed for a large scale development or along any entryway corridor shall be prepared by a landscape architect, landscape designer, or qualified nurseryman. (Ord. 2009-05, 9-28-2009)

   A.   Purpose: The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

      1.   Protect residential areas and land uses from potential adverse impacts of towers and antennas;

      2.   Encourage the location of towers in nonresidential areas;

      3.   Minimize the total number of towers throughout the community;

      4.   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;

      5.   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

      6.   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

      7.   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

      8.   Consider the public health and safety of communication towers; and

      9.   Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

   B.   Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them below:

    ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

   ANTENNA: Any exterior transmitting or receiving apparatus mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

   ANTENNA HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

   CAMOUFLAGED: A telecommunication facility that is disguised, hidden, or integrated with the existing environment and trees so as to be significantly screened from view.

   CELL SITE OR SITE: A tract or parcel of land that contains telecommunications facilities, including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless service.

   COLLOCATION: The use of a telecommunication facility or cell site by more than one personal wireless service provider.

   DESIGN: The appearance of telecommunications facilities, including such features as their materials, colors, and shape.

   EQUIPMENT ENCLOSURE: A structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.

   FAA: The federal aviation administration.

   FCC: The federal communications commission.

   GOVERNING AUTHORITY: The governing authority of Gem County, namely the board of commissioners.

   PERSONAL WIRELESS SERVICE, PERSONAL WIRELESS SERVICE FACILITIES AND FACILITIES: Used in this chapter, shall be defined in the same manner as in title 47, United States Code, section 332(c)(7)(C), as they may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and other wireless services licensed by the FCC and unlicensed wireless services.

   PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

   PROVIDER: A corporation, company, association, joint stock company, firm, partnership, sole proprietorship, limited liability company, other entity or individual which provides telecommunications facilities.

   SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a telecommunication facility from unauthorized entry or trespass.

   TELECOMMUNICATION FACILITY: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals.

   TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses telecommunications facilities including radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

   C.   Applicability:

      1.   The following regulations shall apply to tower structures and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission.

      2.   A facility that meets one of the following standards shall be reviewed as an accessory use. Any other facility shall be reviewed as a special use.

         a.   The proposed facility is located on an existing structure or on the ground and the proposed facility does not exceed ten feet (10') in height.

         b.   The tower or antenna structure does not exceed ten feet (10') in height, is accessory to a permitted or approved use, and the proposed facility meets all conditions of the previously approved use.

   D.   General Standards For Commercial Tower Structures And Associated Equipment:

      1.   The facility shall comply with FCC standards regarding radio frequency (RF) emissions.

      2.   The facility shall have approval from the federal aviation administration and the chief of the Idaho bureau of aeronautics prior to operation.

      3.   The applicant or owner shall be required to obtain all necessary permits, as may be required under federal, state or local statutes, regulations or ordinances including, but not limited to, building permits.

      4.   The facility shall be maintained in compliance with all federal, state and local regulations and the construction standards set forth in this subsection.

      5.   The owners, or owner's agent, of the facility shall have a continuous obligation to ensure the maintenance and upkeep and to prevent the creation of a public nuisance.

      6.   For any facility requiring special use approval, the administrator shall notify all property owners within a minimum of three hundred feet (300') of any property boundary (or lease boundary lines, if applicable) of the proposed site.

      7.   The tower and associated facilities shall be removed within sixty (60) days of cessation of use.

      8.   Tower construction, setback, and fall zone standards:

         a.   The tower shall be constructed to the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standard entitled "Structural Standards For Steel Antenna Supporting Structures", or as hereinafter may be amended.

         b.   Within the Emmett airport influence areas overlay zone, the height limit on the tower or antenna structure shall be as required by the code of federal regulations 14 CFR 77.

         c.   Towers over twenty feet (20') in height must be designed to allow for future placement of additional antennas upon the tower. Such towers must also be designed to accept antennas mounted at varying heights.

         d.   If the tower does not exceed the height limitations of the applicable zone, the tower shall meet the setback requirements of the zone. If the tower exceeds the height limitation of the applicable zone, the tower shall meet the setback requirements of the zone or it shall be set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.

         e.   In addition to the setback requirement noted in subsection D8d of this section, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:

            (1)   The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot (1') for every ten feet (10') of tower height.

            (2)   If the fall zone does not lie completely within the subject property, the applicant must obtain an irrevocable easement from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the special use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.

         f.   Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the area or likely to exist in the area under the terms of the applicable zone and/or comprehensive plan. The decision making body shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and marking from meeting those standards.

   E.   Application Requirements: The application materials shall include the following written documentation:

      1.   Suitability analysis of the proposed site. The analysis shall include, but is not limited to, the following:

         a.   Description of the surrounding area within one mile of the subject site including topography;

         b.   Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be placed at the chosen location.

      2.   If applicable, relevant portions of a signed lease agreement that requires the applicant to remove the tower and/or associated facilities upon cessation of use.

   F.   Additional Application Requirements For Facilities That Require Special Use Approval:

      1.   Engineering data showing that the tower is designed structurally, electrically, and in all other respects to accommodate both the applicant's equipment and comparable equipment for a minimum of one additional user if the tower is over twenty feet (20') in height. If the tower is over one hundred ten feet (110') in height, it shall be designed structurally, electrically, and in all other respects to accommodate both the applicant's equipment and comparable equipment for a minimum of two (2) additional users.

      2.   A report from a qualified and licensed professional engineer that: a) describes the facility height and design (including a cross section and elevation); b) documents the height above grade for the recommended mounting position for collocated antennas and the minimum separation distances between antennas; c) describes the facility's capacity; and d) any other information necessary to evaluate the request. The report must include the engineer's stamp and registration number.

      3.   A letter of intent committing the facility owner and successors to allow the shared use of the facility, as required by this section, if additional users agree in writing to meet reasonable terms and conditions for shared use.

      4.   Written analysis demonstrating that the facility cannot be accommodated on an existing or approved tower within:

         a.   A two (2) mile radius for towers with a height over one hundred feet (100');

         b.   A one mile radius for towers with a height over eighty feet (80'), but not more than one hundred ten feet (110');

         c.   A one-half (1/2) mile radius for towers with a height over fifty feet (50'), but not more than eighty feet (80'); or

         d.   A one-fourth (1/4) mile radius for towers with a height of fifty feet (50') or less.

      5.   It shall be the burden of the applicant to demonstrate that the proposed facility cannot be accommodated on an approved tower or structure within the required search radius due to one or more of the following reasons:

         a.   Unwillingness of a property owner, or tower or facility owner to allow shared use.

         b.   The planned equipment would exceed the structural capacity of the existing tower or structure, as documented by a qualified and licensed professional engineer, and the existing tower or facility structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

         c.   The planned equipment would cause radio interference with material impacting the usability of other existing or planned equipment at the tower or structure, and the interference cannot be prevented at a reasonable cost as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

         d.   Existing or approved towers or other structures within the search radius cannot accommodate the planned equipment at a height necessary to be commercially functional as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

         e.   The proposed collocation with an existing tower or structure would be in violation of local, state or federal law.

         f.   Any other unforeseen reasons that make it unfeasible to collocate upon an existing or approved tower or structure as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation.

   G.   Tower Or Antenna Structure, Private:

      1.   Applicability: The following regulations shall apply to tower structures for the purpose of private radio, television, or satellite reception and antennas for amateur radio. Towers shall not be subject to the accessory structure regulations of this section.

         a.   Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

         b.   Accessory structures shall not be located in any required yard or on any publicly dedicated easement.

         c.   An accessory structure located in the rear yard shall not exceed a height of twenty four feet (24').

         d.   Accessory structures in a residential base zone shall be architecturally compatible (as defined in this subsection) with the principal permitted dwelling.

         e.   An accessory structure in a rural base zone shall be architecturally compatible (as defined in this subsection) with the principal permitted dwelling if:

            (1)   The accessory structure is located in the side yard, or portion thereof; or

            (2)   The square footage of the footprint of the accessory structure is greater than the square footage of the footprint of the principal permitted dwelling.

      2.   General Standards:

         a.   The tower or antenna structure is only for private, not commercial, use.

         b.   The tower or antenna structure is accessory to a permitted or approved use. (Ord. 2009-05, 9-28-2009)

   A.   Siting Of Manufactured Homes: Manufactured homes are allowed on individual lots zoned for single-family residential uses in addition to manufactured homes on lots within designated mobile home parks or manufactured home subdivisions. This subsection shall not be construed as abrogating a recorded restrictive covenant.

      1.   In all agriculture zones, both singlewide and multisectional manufactured homes are allowed. In all residential zones, outside manufactured home parks, only multisectional manufactured housing shall be allowed. In manufactured home rental communities, the singlewide manufactured home shall enclose a space of not less than four hundred (400) square feet;

      2.   The manufactured home shall be placed on an excavated and backfilled foundation and enclosed;

         a.   Exception: Manufactured homes allowed under a temporary use permit per standards in chapter 19 of this title shall not be placed on permanent foundation.

      3.   All manufactured homes must bear the insignia of approval of the U.S. department of housing and urban development certifying that it was built subsequent to June 15, 1976, in compliance with federal mobile home construction and safety standards; or

      4.   Manufactured homes shall be rehabilitated pursuant to Idaho statutes, title 44, chapter 25.

   B.   Permanent Occupancy For Manufactured Or Mobile Homes Not Considered Real Property (Not On A Foundation):

      1.   Must be approved by a special use permit.

      2.   Structures may not be used for storage purposes only.

      3.   If unoccupied for a period of three (3) months or more, the structure must be removed from the property.

   C.   Temporary Occupancy: See chapter 19 of this title.

   D.   Demolition: If any manufactured/mobile home is proposed to be demolished, a permit from the county building official shall be required. (Ord. 2009-05, 9-28-2009)

   A.   Purpose: The intent of this section is to provide a temporary, affordable, transitional housing alternative to Gem County residents through the use of RVs that is sanitary, safe and maintains the residential character of the surrounding neighborhood. The county encourages primary residency to be within permanent structures but recognizes the need for independent, temporary living quarters within our community. The county also encourages the use of RVs within RV or manufactured home parks where possible. For those residents who require the use of RVs as their residence, the county prescribes standards for the approval of such units.

   B.   Applicability: These standards pertain to the use of an RV as primary living quarters on property outside of a legal RV or manufactured home park for more than thirty (30) days in a one year period. The standards do not apply to the storage of RVs or temporary dwellings permitted under chapter 19 of this title.

   C.   Number Allowed: One RV used as primary living quarters is permitted on a legal parcel that is one acre or greater in size, in accordance with the standards listed in this section.

   D.   Time Period/Time Extensions: RVs may be used as the primary living quarters for up to one year on the same property. A one year time extension may be granted by the administrator if the RV is appropriately screened from public view. This section shall not apply to RVs used as living quarters on the same property for thirty (30) days or less within a one year period.

   E.   Inspections: A six (6) month, on site inspection to ensure compliance with these standards shall be conducted by the administrator or designee.

   F.   Permit Required: All property owners siting an RV under this section are required to obtain an RV residency permit and pay the established fee prior to use of the RV as living quarters.

   G.   Addressing: If the RV is sited on a property with an existing address, no new address shall be issued for the RV. If there is no existing address, a new address shall be issued (unless the RV is on site for 30 days or less).

   H.   Wastewater: The RV shall utilize a wastewater system approved by and/or acceptable to the health department.

   I.   Location: The RV shall be located to the side or rear of a primary dwelling if one exists on the property. If the RV is located on bare ground, it shall comply with all setbacks as established in section 11-5-7 of this title. No RV used as primary living quarters shall be located within an enclosed building.

   J.   Skirting: The RV shall have adequate skirting material around the base, as approved by the building official.

   K.   Prohibitions:

      1.   Two (2) or more RVs used as living quarters on the same property;

      2.   RVs used as living quarters on parcels already approved for a temporary dwelling under chapter 19 of this title;

      3.   Parcels less than one acre in size;

      4.   RVs used as living quarters on an illegal parcel. (Ord. 2009-07, 11-23-2009)

The following improvements shall be provided in all manufactured home and recreational vehicle parks:

   A.   Site Selection:

      1.   Topography: The topography must be favorable to good site drainage, minimum grading, manufactured/mobile home/recreational vehicle placement, and ease of maintenance.

      2.   Availability Of Utilities: The site must be readily accessible to public utilities, including water, sewerage, and electricity. All utilities within the park must be constructed underground.

      3.   Necessary Land Area: The area of the manufactured home/recreational vehicle park must be sufficient in size to accommodate:

         a.   The number of manufactured/mobile home/recreational vehicle spaces desired;

         b.   Roads and parking areas for motor vehicles;

         c.   Service areas, buildings and playgrounds;

         d.   On site utilities where public utilities are not available.

   B.   Site Improvements:

      1.   The physical improvements of the site must be arranged to provide:

         a.   A convenient means of pedestrian and vehicular access to each manufactured/mobile home/recreational vehicle space, parking areas, and accessory buildings;

         b.   An adequate supply of potable water;

         c.   A safe method of sewage disposal;

         d.   Electrical service for lighting and power; and

         e.   Diversion of surface water away from buildings, manufactured/mobile home/recreational vehicle spaces, service and recreational areas, and its disposal from the site.

   C.   Site Planning: A plan of the proposed manufactured home park must be developed for approval of the county indicating the layout of manufactured/mobile home/recreational vehicle spaces, roads, walks, service buildings, service areas, utilities, and necessary grading.

Determination must be made in the initial planning stage on the number of manufactured/mobile homes/recreational vehicles to be accommodated.

      1.   Manufactured/Mobile Home/Recreational Vehicle Space Sizes: Each manufactured/mobile home/recreational vehicle space must be not less than one thousand two hundred fifty (1,250) square feet in area and should be at least twenty five feet (25') wide.

      2.   Spacing Of Manufactured/Mobile Home/Recreational Vehicle: The minimum spacing between manufactured/mobile homes/recreational vehicles and between manufactured/mobile homes and buildings must be:

         a.   Side to side spacing: Fifteen feet (15');

         b.   End to end spacing: Ten feet (10') from the manufactured home park property line.

      3.   Roads, Walks And Parking Areas:

         a.   General Circulation: Safety and convenience must be a major consideration in the layout of roads, walks, and parking areas within the manufactured home park. All roads must be continuous.

         b.   Servicing: Suitable vehicular access for firefighting equipment, delivery of fuel, removal of garbage and refuse, and for other necessary services must be provided.

         c.   Width Of Roads And Parking Areas: Main access roads, excluding parking must be two (2) lanes and at least twenty four feet (24') wide.

         d.   Parking Area: The same number of motor vehicle parking spaces must be provided as the number of manufactured/recreational vehicle spaces. These must be provided in special parking areas.

         e.   Walks: The manufactured/recreational vehicle park walk system must include a walk from the entrance of each manufactured/mobile home to service facilities.

         f.   Width Of Walks:

            (1)   Public walks: Minimum four feet (4').

            (2)   Entrance walks (from public walk to manufactured/recreational vehicle door): Minimum three feet (3').

   D.   Service Buildings: Each manufactured home/recreational vehicle park that is planning on serving recreational vehicles must be provided with one or more service buildings containing the requisite number of plumbing fixtures and other service equipment. The service buildings must conform in general to the following requirements:

      1.   Construction: The materials and methods used in the construction of service buildings must conform to local building codes for buildings of this nature. It must have an interior finish which is moisture resistant and can be easily cleaned. All rooms of service buildings must be ventilated and all exterior openings provided with screens.

      2.   Facilities (Recreational Vehicle Park Only): Separate men's and women's toilet rooms must be provided and distinctly marked. These rooms must be separated by a sound resistant wall. A vestibule or screen wall must be provided to prevent direct view into the toilet rooms when exterior doors are open.

      3.   Plumbing Fixtures: Every manufactured home/recreational vehicle park must provide adequate toilet and laundry facilities. In no instances should there be less than a minimum of one laundry unit (laundry or washing machine); one toilet room, one lavatory and one shower for women; and one toilet room, one lavatory and one shower for men.

The facilities listed above will accommodate the planned number of recreational vehicle spaces. One water closet must be provided for each sex for every ten (10) additional recreational vehicles. (Urinals for men may be substituted for 1/3 of these water closets.)

One lavatory must be provided for each sex for every ten (10) additional recreational vehicles; and one shower or bathtub for each sex for every twenty (20) additional recreational vehicles. A laundry unit must be provided for every twenty (20) additional spaces.

   E.   Fire Prevention:

      1.   The court area shall be subject to the rules and regulations of the fire prevention authority.

   F.   Regulations:

      1.   No permanent additions of any kind shall be built onto, nor become a part of, any manufactured/mobile home/recreational vehicle. Skirting of manufactured/mobile home or recreational vehicle is permissible, but such skirting shall not permanently attach the manufactured/mobile home or recreational vehicle to the ground, provide a harborage for rodents, or create a fire hazard. The wheels of a manufactured/mobile home or recreational vehicle shall not be removed, except temporarily when necessary for repairs. Jacks or stabilizers may be placed under the frame of the manufactured/mobile home or recreational vehicle to prevent movement on the springs while the manufactured/mobile home or recreational vehicle is parked and occupied. No owner or person in charge of a dog, cat, or other pet animal shall permit it to run at large, or to commit any nuisance within the limits of any manufactured home park. (Ord. 2009-05, 9-28-2009)

   A.   Applicability: The following standards shall apply to all development and subdivisions where one or more acres of land is disturbed by development activity.

   B.   Drainage Facilities: The applicant shall provide suitable drainage facilities for any surface runoff from within or upstream of the development. Natural drainage channels shall be used whenever possible. Where drainage in natural channels may negatively impact an irrigation or drainage district's ability to comply with the clean water act, alternative drainage methods as approved by said district shall be used. To avoid soil erosion and manage nutrients, sediment catchment basins may be required.

   C.   Easement: Where a development contains a stream, watercourse, drainageway, channel or ditch, an easement shall be provided adequate to contain that watercourse and any further width necessary for maintenance or reconstruction.

   D.   Discharge: Drainage systems shall not discharge into any sanitary sewer facility.

   E.   Mosquito Abatement District: When the proposed development or any part thereof falls within the boundaries of a mosquito abatement district, all drainage plans and systems shall follow the guidelines of such district.

   F.   Design: All drainage features for the development shall be designed by an Idaho registered professional engineer. Stormwater drainage systems shall be designed so stormwater runoff from the site does not exceed the water quality nor water discharge rate that existed prior to the proposed development.

      1.   Hydrologic Procedures: The rational method shall be used for drainage areas up to fifty (50) acres. For other drainage areas, the SCS TR-55 method shall be used.

      2.   Design Storm: The following design storm return periods shall be used:

 

 

      3.   Peak Runoff: The peak runoff rate (Qp) when determined by the rational method.

The intensity shall be determined from the Idaho transportation department's intensity-duration-frequency curves for zone A based on the time of concentration (duration) and frequency (return period).

      4.   Runoff Volume: Runoff volume (V) shall be determined using the triangular SCS unit hydrograph.

The runoff volume shall be analyzed using the calculated Tc and sixty (60) minutes (and corresponding Qp values) and whichever produces the greater volume shall be used for design. (Ord. 2009-05, 9-28-2009)