Any accessory use customarily incidental to a use authorized in a district shall be permitted as an accessory use. The city council shall determine the applicability of this section to any proposed use. (Ord. 341, 9-10-1996)

In addition to all yard regulations specified in the official schedule of area and height regulations 1 , and in other sections of this title, the following provisions shall be adhered to:

   A.   Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2 1/2') and ten feet (10') above the centerline grades of the intersecting streets in the area bounded by the right of way lines of such corner lots and a line joining points along said street right of way lines twenty five feet (25') from the point of intersection.

   B.   Fence And Wall Restrictions In Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of forty inches (40").

   C.   Yard Requirements:

      1.   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 district.

      2.   Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located or conducted closer than forty feet (40') to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the city council is provided. Such screening shall be a 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, decks, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard. (Ord. 341, 9-10-1996)

In addition to all other regulations as specified in this title, the following provisions shall be adhered to:

   A.   Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwellings unless:

      1.   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;

      2.   The lot area per family equals the lot area requirements for new structures in that district;

      3.   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and

      4.   The conversion is in compliance with all other relevant codes and ordinances.

   B.   Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion of the construction work shall require a permit authorized by the city.

   C.   Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building or carport. However, one boat and one travel trailer may be stored in the side or rear yard.

   D.   Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the city shall be provided. (Ord. 341, 9-10-1996)

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 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 uniform 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 as determined by the city 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 health authority.

   F.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street.

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

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

   I.   Dangerous And Objectionable Elements: The city, 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. (Ord. 341, 9-10-1996)

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:

ACCESSORY BUILDINGS:

   A.   Will not be located in any required front yard area; and

   B.   Will not be located closer than five feet (5') from any side or rear property line.

AGRICULTURE (Buffer area):

   A.   Will be maintained as an untilled filler strip or natural vegetation provided for between tilled ground and the normal high water elevation of any surface water areas. The width of this strip shall vary according to the average slope of the land as follows:

 

 

ANIMAL CLINIC, ANIMAL HOSPITAL, VETERINARY OFFICE AND KENNEL:

   A.   Will be located at least three hundred feet (300') from any residence including motels and hotels, except for the owner's residence. The city 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

   B.   Will comply with all federal, state and local 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 of noise and odor.

BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVE GROUND AND FOR RESALE:

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

   B.   Will be erected subject to the approval of the fire chief; and

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

CHEMICALS, PESTICIDE AND FERTILIZER STORAGE AND MANUFACTURING:

   A.   Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal.

CONTRACTORS YARDS:

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

   B.   Will have a screening fence around areas utilized for storage of equipment; and

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

FILLING, GRADING, LAGOONING, DREDGING OR OTHER EARTH MOVING ACTIVITY:

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

   B.   Will provide temporary ground cover, such as mulch;

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

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

   E.   Will not restrict a floodway, channel or natural drainageway;

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

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

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

GRAVEL PITS, ROCK QUARRIES, SAND AND CLAY PITS AND OTHER NATURAL RESOURCES OF COMMERCIAL VALUE:

   A.   The extent and method of rehabilitation shall be determined in advance of issuing any required permit with due consideration given to what is suitable and compatible with the surrounding area;

   B.   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

   C.   Safety fencing shall be erected around all pits that create a safety hazard.

HOME OCCUPATIONS:

   A.   No more than one person 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.   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;

   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 chapter 5 of this title, and shall not be located in a required front yard; and

   E.   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.

MANUFACTURED HOUSING:

   A.   Manufactured homes shall be placed on an excavated and backfilled foundation that is similar in appearance and durability to masonry foundation of site built dwellings and which surrounds the entire perimeter of the structure, completely enclosing the space between the siding and the finished grade, such that the home is located not more than twelve inches (12") above grade, or twenty four inches (24") above grade if the home is over a basement;

   B.   Manufactured homes shall have a minimum roof pitch of three inches of rise to twelve inches of run (3":12");

   C.   Manufactured homes shall be multisectional and enclose a space of not less than one thousand (1,000) square feet; and

   D.   Manufactured homes shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings, as determined by the local permit approving authority.

MOBILE HOME PARK:

   A.   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   B.   Will not be hazardous or detrimental to existing or future neighboring uses;

   C.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, and refuse disposal; or that the persons or agencies responsible for the establishment of the proposed park shall be able to adequately provide any such services;

   D.   Will be consistent with the intent and purpose of this title and the comprehensive plan;

   E.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;

   F.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance;

   G.   Will meet all minimum health standards prescribed by the Idaho state department of health and welfare; and

   H.   Will have a minimum total area for the mobile home park of five (5) acres.

OUTDOOR STORAGE OF COMMERCIAL AND INDUSTRIAL MATERIALS:

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

   B.   Will not be located in any front yard setback area. (Ord. 341, 9-10-1996)