The Planning and Zoning Commission shall have the duty to recommend the required setback line for public or semi-public buildings after a public hearing, if they can show it is necessary, that such action will not be detrimental to the other uses in the area, and will be in accordance with the general purpose of this Title. (Ord. 626, 10-7-2002)

The yard areas of buildings existing at the time of the adoption of this Title shall not be diminished below the requirements herein provided for buildings hereafter erected except as provided in this Title, and such required areas shall not be included as part of the required areas of any building hereafter erected. (Ord. 626,10-7-2002)

It is not intended by this Title to interfere with or abrogate or annul any easement, covenants or other agreements between parties; however, where this Title imposes a greater restriction upon the height of buildings or requires larger lots or yards than are imposed or required by existing ordinances or by permits, easements, covenants or agreements, this Title shall control. This Title shall be construed literally to secure the beneficial interest and purposes thereof. (Ord. 626, 10-7-2002)

If a zoning designation changes while a building is being constructed under an existing building permit, no changes or alterations shall be required of the structure in order to meet requirements of the new zone. (Ord. 626, 10-7-2002)

Addresses of buildings and properties shall be issued by the City Treasurer. (Ord. 626, 10-7-2002)

Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work may be permitted only in any district during the period the construction work is in progress; however, such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require approval by the City Council. (Ord. 626, 10-7-2002)

All trash and/or garbage collection areas for commercial, industrial, and R-1 and R-2 uses shall have adequate vehicular access to and from such area or areas, and shall provide adequate area for garbage containers as recommended by the City. (Ord. 626, 10-7-2002)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, nor on any street or right of way, other than in completely enclosed building or carport. (Ord. 626, 10-7-2002)

Family child care homes and home occupations may be considered to be permissible accessory uses in the residential districts if they are approved after applying the following additional review procedures and the applicable accessory use standards:

   A.   Notice of the application shall be published and mailed by First Class mail to owners of property, which abut the external lot of boundary lines of the property under consideration.

      1.   Applicant shall provide the City with a list of property owner names from the tax records of Gooding County.

      2.   Properties across a street or alley or kitty corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of publication referenced in subsection B of this Section shall be allowed for response to said notice.

   B.   Notice of the application shall be published in the official newspaper of the City for two (2) consecutive weeks and fifteen (15) days after second publication shall be allowed for a public hearing.

   C.   The applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required.

   D.   Pay a fee established by resolution of the City Council.

   E.   If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Commission. The Commission shall, after the hearing, recommend to the Council what action it feels should be taken. The Council shall then grant or deny the application after making findings of fact. Any aggrieved party may appeal the decision to the District Court within thirty (30) days of the Council's decision and if not so appealed the decision shall be final.

   F.   If there are no objections filed within the time for filing the same, the Planning and Zoning Commission may grant the request. (Ord. 626, 10-7-2002)

Group child care homes and day care centers are not accessory uses and are regulated as special uses. (See Chapter 11 of this Title for special use procedures.)

   A.   Family Child Care Home Standards: It is the intent of this provision to provide for accessory family day care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply:

      1.   Secure and maintain a child care license from the Idaho State Department of Health and Welfare--Child Care Licensing Division if required.

      2.   Acquire approval from the Planning and Zoning Commission who will then make their recommendation to the City Council after the review process.

      3.   Provide one off-street parking space per employee, which may be the driveway to the home.

      4.   Provide for child pick-up area located off of arterial or collector streets.

      5.   Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties.

      6.   Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets.

   B.   Violation of any of the above conditions shall be cause to revoke approval of a family child care home. (Ord. 626, 10-7-2002)

It is the intent of this provision to permit home occupations in residential dwellings, which do not change the appearance of the residence nor, the condition of its residential character. The following conditions shall apply:

   A.   No persons other than members of the family residing on the premises shall be engaged in such occupation;

   B.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

   C.   No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises or those products incidental to the service being offered and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use;

   D.   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;

   E.   No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence;

   F.   In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, and in the emission of noise, fumes, odors, vibrations or electrical interference;

   G.   One sign, not exceeding four (4) square feet in area, non-illuminated and mounted flat against the wall of the principal building, or placed in one window of the principal dwelling shall be allowed. A sign permit is required.

   H.   Violation of any of the above conditions shall be cause to revoke approval for a home occupation. (Ord. 626, 10-7-2002)

   A.   No land or building in any district 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 except that any use permitted by this Title may be undertaken and maintained if acceptable limits as established by the following performance requirements:

      1.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting 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 Uniform Fire Code;

      2.   Radioactivity Or Electrical Disturbances: No activity shall emit harmful radioactivity at any point adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance;

      3.   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;

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

      5.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Idaho Department of Health and Welfare;

      6.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside and industrial district or from any street;

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

      8.   Water Pollution: The health authorities shall subject to the requirements and regulations establish water pollution.

   B.   Enforcement Provisions: The City designee, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in the processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances;

   C.   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 Standards Institute, New York, the Manufacturing Chemists' Association, Inc., Washington D.C., the United States Bureau of Mines, and the Health Authority. (Ord. 626, 10-7-2002)

Certain unique land uses pose special problems that may have unique 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, such as land use and zoning:

   A.   Animal Clinic, Animal Hospital, Veterinary Office And Kennel:

      1.   Will be located at least five hundred feet (500') from any residence including motels and hotels except for an owner's residence. The Commission may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property; and

      2.   Will comply with all regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors or noise and odor.

   B.   Meat Packing And Processing Plant:

      1.   Will be located not less than six hundred feet (600') from any residence except for an owner's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line;

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

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

   C.   Bulk Storage Of Flammable Liquids And Gases, Above Ground And For Resale:

      1.   Will be located and constructed according to the regulations of the Uniform Fire Code;

      2.   Will erect subject to the approval of the Gooding Fire Chief; and

      3.   Will have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the Gooding Fire Chief.

   D.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing:

      1.   Will have adequate fire protection, storage area, handling and disposal as approved by the Gooding Fire Chief; and

      2.   Will be located and constructed according to the regulations of the Uniform Fire Code.

   E.   Contractor's Yard (Agency Maintenance 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; and

      3.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

   F.   Drive-In Establishment: Will avoid the direction of night lighting toward any residence.

   G.   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 residence;

      3.   Will provide for adequate trash receptacles;

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

   H.   Filling, Grading, Lagooning, Dredging Or Other Earth-Moving 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 restrict a channel or natural drainage way;

      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 drainage way within fifty feet (50') of any lot line or public right of way; and

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

   I.   Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources of Commercial Value:

      1.   The extent and method of rehabilitation shall be determined in advance by approval of the City Council, with due consideration given to what is suitable and compatible with surrounding area;

      2.   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; and

      3.   Safety fences shall be erected around all pits that create a safety hazard.

   J.   Mobile Home Parks: Mobile home parks will follow the regulations set out in Chapter 14 of this Title.

   K.   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 an alleyway or streets separate such property;

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

   L.   Public And Semi-Public Parks, Playgrounds And Schools:

         a.   To foster the appropriate location and layout of public parks and playgrounds and recreational areas.

         b.   To harmonize the various features and facilities of parks and playgrounds with surrounding area, so as to produce sound, stable residential neighborhoods.

         c.   To foster a coordination of public recreational facilities on the part of the City, the school districts and other public and semi-public agencies.

      2.   Special Use:

         a.   Required. A special use permit issued by the City is required for establishing new locations and site plans of a public or semi-public park, playground or school.

         b.   Application And Plan: An application for approval of a special use permit shall be accomplished by plans showing the general layout and location of roadways, entrances, exits, walks, paths, buildings, structures, landscaped areas, off-street parking, drainage, water supply, sewerage and other features of design.

         c.   Planning And Zoning Commission: Prior to the issuance of a special use permit, the overall plan of said park, playground or school shall be prepared and submitted to the Commission for review and recommendation to the City Council.

         d.   Public hearings to be held pursuant to Chapter 11 of this Title.

      3.   Standard Requirements:

         a.   Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient quantities to insure a park-like appearance. Plant materials shall be selected in accordance with the recommendations of the Planning and Zoning Committee or Urban Forestry Committee, City of Gooding.

         b.   Facilities involving lights shall be located and the lights shall be designed and located so that glare and discomfort will not be unreasonably detrimental to surrounding residences.

         c.   Off-street parking areas and other facilities which attract or are intended to accommodate spectators, shall be screened or located so that the detrimental effects of noise and traffic on any surrounding residential area will be kept to a minimum. Further, no required front yard of the lot on which the building is located shall be used for organized play or parking purposes.

         d.   The entire layout and design shall be arranged to harmonize with the objectives and characteristics of the zone in which they are located.

         e.   Adequate ingress and egress and off-street parking shall be provided for vehicles and pedestrians which the park playground or school is intended to serve.

   M.   Recreational Vehicle Parks: See Chapter 15 of this Title.

   N.   Riding Stables And Riding School:

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

      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;

      4.   Will have a minimum total area for the riding stable and or school of ten (10) acres.

   O.   Rifle And Pistol Range:

      1.   Will be designed with a backstop or designed to avoid a line of fire that is directed towards any residence or business within one mile;

      2.   Will incorporate landscaping that is compatible with the surrounding landscaping; and

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

   P.   Transfer Station:

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

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

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

      4.   Will be supervised during the hours of operation.

   Q.   Wrecking Yard:

      1.   Will be completely enclosed by a solid six foot (6) high site-obscuring fence berm and/or berm;

      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 storage of automobiles that exceeds the height of the fence; and

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

   R.   Nursery, Horticulture Use:

      1.   Will locate all nursery, horticulture, and greenhouse not nearer than three hundred feet (300') from any residence except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line.

      2.   Will be designed and consideration be given to proximity of adjacent uses and their effect upon adjacent and surrounding properties as to vents, cooling units, fans in greenhouses. Placement of planting materials and fertilizer or compost materials shall be done in a manner to reduce odors.

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

      4.   Will have a minimum of one quarter (1/4) acre for a nursery, greenhouse. (Ord. 626, 10-7-2002)