A.   Restrictions: No building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title) except for one or more of the following uses in accordance with the following standards; provided, however, that those standards shall not be in conflict with Idaho Code.

   B.   Uses Prohibited: Any use not explicitly permitted or conditionally permitted through a conditional use permit, unless determined to be similar by the City, in the zoning district is prohibited. (Ord. 619, 4-13-2021)

The comprehensive plan outlines the preferred land uses that will shape the city. The future land use map of the comprehensive plan outlines a picture of Hayden through the designation of land into eight different categories, and these categories are defined as follows:

 

Throughout the City of Hayden are two types of overlay districts which are intended to supplement the underlying land use or community areas. The two types of overlay districts are the Central Business District and the Neighborhood Commercial Node. The overlay districts intent are defined below:

 

To facilitate the vision of the comprehensive plan, each zone district has minimum site standards related to the area of the site as seen in the table below. When looking at the cell, the first number is for the principal structure and the second number is for the accessory structure (i.e. In the R1 zone, the house has a side yard setback of 10'; whereas the accessory structure has a side yard setback of 5').

 

   A.   Side and rear yard setbacks of non-residential buildings may be reduced from those identified in the table above if both the National Building Fire Code and the International Building Codes are met.

   B.   During the planning process of the updates to the Comprehensive Plan, Sewer Master Plan, Transportation Master Plan, and Park Master Plan maximum residential density was assumed as follows:

      1.   Mixed Residential may not be greater than eight dwelling units per acre.

      2.   Mixed Use and Central Business District may not be greater than twenty 12-dwelling units per acre or 12-15 dwelling units per acre with design standards; however, should the combination of uses exceed the assumptions in the currently adopted Sewer Master Plan, a sewer tech memo and/or transportation analysis may be required.

(Ord. 619, 4-13-2021; amd. Ord. 624, 10-12-2021; Ord. 645, 3-23-2023)

Table Organization: In Table: Allowed Uses, land uses and activities are classified into general “use categories” and specific “use types” based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories.

   A.   Explanation Of Table Abbreviations:

      1.   Allowed Uses: “A” in a cell indicates that the use is allowed without a conditional use permit; however, allowed uses are subject to all applicable regulations of this code. Use-specific standards are noted through a cross reference in the last column of the table. Cross references refer to use standards in this chapter and these standards apply in all districts unless otherwise specified.

      2.   Conditional Uses: “C” in a cell indicates that in the respective zoning district the use is allowed only if reviewed and approved in accordance with the procedures of Hayden City Code 11-7: Conditional Use Permit. Conditional Use Permits are subject to all other applicable regulations of this Code, including the use-specific standards in this chapter and the requirements of Hayden City Code 11-4, General Standards of Development. A “C” in a given zone does not constitute an authorization or an assurance that such use will be permitted. Rather, each Conditional Use Permit application shall be evaluated by the Planning and Zoning Commission at a public hearing as to its probable effect on adjacent properties and surrounding areas, among other factors, and may be approved or denied as the findings indicate appropriate.

      3.   An “A/C” in a cell indicates that in the respective zoning district the use is allowed based on a certain criteria and/or when that criteria is exceeded requires a conditional use permit. For example in the Residential (R-1) zone an accessory structure less than 3000 square feet is allowed outright; however, a building equal to or in excess of 3000 square feet requires a conditional use permit.

      4.   Prohibited Uses: A blank cell indicates that the use is prohibited in the respectable zoning district. When a category is split between two uses, a prohibited use is indicated with a dash. (i.e. “Animal Daycare (Small/Large)” under MU.

 

   A.   Multi-family in CBD is allowed in the second or higher stories of a Commercial Mixed Use Building or to the rear of the property as a secondary use to a primary use of Commercial. Design Standards for CBD are in 11-2-6 and for NCN are in 11-2-7.

   B.   The Mixed Use zone designation shall be categorized into two separate sub-categories, such that all land assigned a Mixed Use zone designation is contained in one of the two sub-categories. Such sub-categories are based on geographic location within the Future Land Use Map identified in the City’s adopted Comprehensive Plan and more particularly defined below:

      1.   Mixed Use Type I (MU-1): This sub-category includes all parcels within the Mixed Use land use designation along Government Way, Highway 95, Hayden Avenue, and Prairie Avenue, excluding any parcels which meet the criteria for inclusion in the MU-2 designation as defined in 11-2-4(B)(2)(b)); and

      2.   Mixed Use Type II (MU-2): This sub-category includes all parcels within the Mixed Use land use designation and are depicted as being contiguous with the proposed Huetter Corridor. Contiguity is determined by the Mixed Use land use designation of the Future Land Use Map and not by current zone designation boundaries, parcel boundaries, or distance from the proposed Huetter Corridor. If a parcel is designated as Mixed Use on the Future Land Use Map, but is separated from the proposed Huetter Corridor by another intervening Future Land Use Map designation, it is within the MU-1 zone designation.

         a.   Residential uses shall not be allowed within the MU-2 zone designation until such time as the Huetter Corridor has received Notice to Proceed with Construction Approval or other similar approval which guarantees the construction of the Huetter Corridor, except:

            (1)   As expressly allowed in a Zoning Development Agreement, or

            (2)   As part of an approved Planned Unit Development.

         b.   Once the Huetter Corridor has received Notice to Proceed with Construction Approval or other similar approval, which guarantees the construction of the Huetter Corridor, any use containing multi-family dwelling units proposed in the MU-2 zone designation, shall require a conditional use permit.

         c.   Should the location of the proposed Huetter Corridor change from its location as depicted on the Future Land Use Map, the boundaries of the MU-2 zone designation may shift accordingly such that it is always defined by areas designated as Mixed Use on the Future Land Use Map that are contiguous with the actual proposed location of the Huetter Corridor. (Ord. 619, 4-13-2021; amd. Ord. 633, 6-14-2022; Ord. 645, 3-23-2023)

These development standards are specific to the type of use proposed and are not dependent on the zone which they are to be constructed. Use standards are standards applicable to particular uses or developments that have the potential to adversely affect surrounding property or the public health, safety, or welfare if not developed and operated in accordance with strict standards, or are allowed by or require a special use permit. Should the use require a conditional use permit, site plans, narratives and other materials which demonstrate compliance with the following development standards shall be required to be submitted as part of the application.

   A.   Accessory Dwelling Units: Accessory dwelling units (ADU) shall comply with the following criteria:

      1.   The ADU shall not exceed 1,000 square feet. When it is within the same structure and exceeds 1,000 square feet the structure is classified as a duplex and is only allowed pursuant to the district regulations of the zone that it is located in;

      2.   Only one ADU is allowed per lot;

      3.   No new or separate approach from a public or private road shall be permitted. Existing driveways used by the principal dwelling or existing structure (if it is to be converted to an ADU) shall also serve as the approach for the ADU;

      4.   The access to the ADU shall be a minimum of 12’ wide and a minimum unobstructed height of 13.5’ to accommodate emergency service vehicles; and should the ADU be located more than 150’ from a public or private road, then a turnaround meeting the Northern Lakes Fire Protection District and the City Engineer's requirements shall be provided.

      5.   Open space and setback requirements of the underlying zone shall be met, excepting that the ADU shall be set back a minimum of 30' from the front property line and 10' from the side and rear property line. The ADU may be attached to the principal dwelling, may be a stand-alone structure, or may be constructed within an accessory structure. In all cases, it must have an entrance that is separate from that of the principal dwelling;

      6.   Home occupation Class A is permitted within an ADU;

      7.   The ADU shall be considered a single-family dwelling separate from the principal dwelling for the purpose of calculating sewer usage and capitalization fees;

      8.   Water and sewer utilities shall be connected to the utilities of the principal residence.

   B.   Automotive Wrecking And Junk Yards: Shall have a Type I landscape buffer installed on all property boundaries.

   C.   Bed & Breakfast Facility:

      1.   Maximum of five guest rooms (defined as sleeping and bath rooms) for the lodging of paying guests, but in no case shall more than 40% of the gross floor area of the residence be used for guest rooms.

      2.   Additional criteria that must be met with respect to transportation:

         a.   That sufficient off-street parking is available for the entire facility in accordance with this Code;

         b.   That the provision of the required off street parking, including paving and lighting, is compatible with the character of the neighborhood;

         c.   That the proposed uses will not have an adverse effect on the residential activities in the area with regard to traffic generation, parking and noise levels; and

      3.   No sales of any products unless they are clearly incidental to the services provided or the products are produced on the premises.

   D.   Correctional Facilities:

      1.   Allowed only by conditional use permit (Hayden City Code 11-7-4) on property having a Comprehensive Plan land use designation as Commercial or Light Industrial;

      2.   Must be located on a parcel of land that is five acres or more in size;

      3.   Must not be located within 10 miles of another correctional facility;

      4.   No structure, fence or outdoor area shall be located within 2,500 feet of a property line that abuts a residential district;

      5.   Must meet the design standards of a public building or complex as identified in Hayden City Code 11-2-5(J).

   E.   Farmer’s Market, Flea Market, And Swap Meet:

      1.   The provisions of this section shall not apply to an event held not more than six calendar days per calendar year which is:

         a.   Organized and operated for religious, educational, hospital, or charitable purposes;

         b.   Operated out of a residential dwelling including, but not limited to, garage, yard, moving and estate sales and private auctions; or

         c.   “Vehicle sales” as defined in this title.

      2.   Location: Allowed only on private property, with property owner’s (or owner’s agent) written consent. Allowed on public ways, with prior approval of the City for a special event.

      3.   General Requirements: All underlying standards and requirements (i.e. hours of operation, landscaping, off street parking, setbacks, signage) of the underlying zone shall be met.

      4.   Prepared food and beverages for sale shall comply with Panhandle Health District regulations;

   F.   Home Occupation: Home occupations are divided into two categories:

 

 

      1.   All home occupations shall comply with the following:

         a.   The home occupation shall be secondary to the residential use of the property.

         b.   Not more than 25% of the gross floor area of the actual dwelling unit may be dedicated to the conduct of the home occupation.

         c.   A home occupation conducted on the premises must be fully enclosed within the residence or accessory building.

         d.   No outside storage of goods, equipment, materials or other instruments of production or packaging of any kind related to the home occupation shall be permitted.

         e.   No home occupation shall create a need for additional parking or traffic beyond that required for the primary single-family residential use other than delivery traffic.

         f.    There shall be no change in appearance of the dwelling structure that would alter the residential character of the premises.

         g.   The home occupation and associated storage shall not occupy garage space required for off street parking for the residence.

         h.   Vehicles used in the operations of the home occupation that are rated by the manufacturer for a maximum gross weight in excess of 10,000 pounds’ gross weight shall not be operated out of the premises or park on the property or adjacent street.

         i.   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials in excess of those levels allowed by the current edition of the Fire Code in effect in the City of Hayden shall be used or stored on the site.

      2.   Prohibited uses as home occupations include the following:

         a.   Repair and or servicing, storing or painting of automobiles, trucks, boats, recreational vehicles, snowmobiles, motorcycles, trailers, and ATVs.

         b.   Any use requiring sewage pretreatment in accordance with Title 8 of this code.

         c.   Any business creating external noise, odors, vibrations, or other potential nuisance factors including levels of customer traffic that could have the effect of disrupting peaceful occupancy of neighboring dwelling.

   G.   Manufactured Home:

      1.   Development Standards For Manufactured Home On Individual Lot:

         a.   Shall be multi-sectional and enclose a space of not less than 1,000 square feet;

         b.   Shall have a pitched roof with a slope no less than three feet in height for each 12' in width;

         c.   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 Community Development Director or his/her designee;

         d.   Shall obtain a building permit from the City of Hayden. The home shall be permanently affixed with the running gear and towing hitch removed, and set upon a foundation approved as required by Idaho Code, and having an anchoring system that is totally concealed under the structure;

         e.   Shall have a poured concrete or mortared masonry enclosure, or approved all weather wood enclosure, as approved by the Hayden City building inspector, which surrounds the entire perimeter of the structure and completely encloses the crawl space and ventilation space;

         f.   Shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than 12" above grade;

         g.   Used manufactured homes will be permitted if they meet the requirements of the definition of Manufactured Home of this title;

         h.   Shall be, upon completed setup, assessed as real property and taxed as such on the required records;

         i.   Shall comply with State of Idaho manufactured home installation standards.

      2.   Development Standards For Manufactured Homes Within An Existing Manufactured Home Park:

         a.   Shall be one or more sections and enclose a space of not less than 400 square feet in size.

         b.   Shall meet the requirements of subsections 1.b. through 1.i. of this section.

   H.   Outdoor Sales Display: Outdoor sales display of merchandise for sale is permissible provided that the following criteria are met:

      1.   All display areas must conform to the setback regulations of the applicable zone.

      2.   Items must not obstruct vision sight lines from any public right-of-way or driveway.

      3.   Items shall be displayed in a neat and orderly manner.

      4.   Items shall be removed from boxes and clearly displayed.

      5.   Items shall be placed on a hard, compacted surface such as asphalt, or concrete.

      6.   Outdoor sales display for garden centers may be placed on a gravel surface. Dust suppressants shall be applied at minimum once annually and more often as needed to suppress dust and tracking.

      7.   Items shall not be placed in required parking, circulation, and stormwater facilities, though they may be placed in overflow parking areas.

   I.   Outdoor Storage: All outdoor storage shall comply with the following requirements and follow the requirements of section 11-4-6.

      1.   General:

         a.   No property, or part thereof, shall be used as a storage area for any purpose other than storage of materials used in connection with the normal operation of the permitted uses in the applicable zone, except that property may be used for the storage of materials used in the construction of the individual building on the property.

         b.   All storage, unless allowed outright pursuant to this Code, shall be accessory to the permitted use on the site.

            (1)   In a planned unit development, storage is allowed as a primary use on a lot so long as the storage site is only utilized by internal property owners and not external customers. Storage sheds and equipment storage within a PUD may span across lot boundaries so long as those lots are located within a designated storage area that meets all other standards of this Code.

            (2)   The storage of inoperable railroad cars and inoperable truck trailers used for storage may be permitted only under conditional use permit and must comply with setback requirements and lot coverage requirements.

         c.   All storage areas must conform to the minimum building setback regulations of the applicable zone.

         d.   Items shall be displayed in a neat and orderly manner.

         e.   Items cannot be placed in required parking, circulation, and stormwater facilities, though they may be placed in overflow parking areas.

         f.   All manufacturing, assembly, repair, or work activity must take place inside an enclosed building.

      2.   Location: Outdoor storage shall be limited to the rear and side yards of the property; it shall never be allowed in the front yard of the principal structure.

      3.   Screening: All storage shall be wholly within a building or shall be entirely screened by a six foot tall, sight obscuring fence, landscaping, or combination thereof, in conformance with section 11-4-4, so as to conceal these areas from surrounding land uses and from adjoining public streets.

      4.   Surfacing:

         a.   Items must be placed on a hard, compacted surface such as asphalt, concrete, or gravel.

         b.   Storage and parking of motor vehicles shall be surfaced with concrete or asphalt.

         c.   Stormwater drainage and treatment is required for all surfaced areas (paved and unpaved).

         d.   All access drives, maneuvering and parking areas, and storage of motorized vehicles shall be constructed with a non-permeable material such as concrete or asphalt. An appropriate alternative may be approved by the Community Development Director.

         e.   Access along street frontage of the site shall be to a point where the screening of the outdoor storage area begins.

         f.   A maintained graveled surface that is dustless and weed free may be utilized for enclosed outdoor storage. The gravel shall meet the City regulations for 3/4" minus crushed aggregate and shall be spread and compacted to a uniform layer having a minimum depth of four inches after all topsoil and other unsuitable material have been removed. Use of gravel must be approved by the Community Development Department to ensure compliance with best management practices. Dust suppressants shall be applied at minimum once annually and more often as needed to suppress dust and tracking.

         g.   Refuse and garbage collection areas shall:

            (1)   Be paved with asphalt or concrete;

            (2)   Be screened from view by a minimum six foot tall sight obscuring fence or landscaping. This fencing or landscaping can be installed either around the perimeter of the collection area or the perimeter of the property;

            (3)   Not attract rodents or other vermin;

            (4)   Not generate odors or liquid runoff beyond the property line; and

            (5)   Not permit blowing of paper and other lightweight waste.

      5.   Restrictions:

         a.   The site shall not be used as an auto wrecking yard, junkyard as defined in section 11-1-2.

         b.   The storage of inoperable or not currently licensed vehicles shall not be allowed on a property for longer than 28 days after which, the vehicle must be stored within a six foot sight obscuring fence, hedge, or shrubs, or within a completely enclosed building, including doors.

   J.   Public Buildings Or Complexes:

      1.   Allowed only by a memorandum of understanding between the City and the governmental entity regarding required on and off-site improvements;

      2.   Allowed per the zoning code as identified in this title;

      3.   All signage shall comply with the 11-5 Sign Code;

      4.   Facility shall comply with all applicable local, state, and federal codes and regulations relative to such operation;

      5.   Off-street parking for the entire facility shall be provided in accordance with Hayden City Code 11-4-6.

   K.   Temporary Hardship Use For Dependent Relatives:

      1.   Definitions: A “dependent relative”, for the purpose of this section, shall be defined as: one who is related by direct bloodline, marriage, adoption, unmarried partner relationship or court ordered guardianship; and has been determined by a licensed physician to be physically or mentally incapable of caring for themselves and/or their property. Dependency shall be determined by the City prior to issuance of a building permit.

      2.   General Requirements: A temporary hardship use for dependent relatives will be treated as a conditional use and be heard by the Planning and Zoning Commission. One “manufactured home” as defined in section 11-1-3 of this title shall be permitted as a temporary hardship use for dependent relative(s), as defined in subsection A of this section provided that:

         a.   The temporary hardship use shall be placed on a lot, inclusive of the primary dwelling site, having a minimum size of eight thousand two hundred fifty (8,250) square feet;

         b.   Only one temporary hardship use shall be permitted on a lot having a minimum size of eight thousand two hundred fifty (8,250) square feet;

         c.   The living quarters of the temporary hardship use shall be occupied by either the dependent relative(s) or by the person(s)/family providing care;

         d.   The owner of the real property on which the temporary hardship use is located shall be the sponsor when making a request for a manufactured home permit;

         e.   A written statement shall be provided by the sponsor from a licensed physician stating that the person(s) in question is physically or mentally incapable of caring for themselves and/or their property;

         f.   It shall be the responsibility of the sponsor to record a notice with the Community Development Director stating that the temporary hardship use, which is located on the property of the sponsor:

            (1)   Is temporary, and is to be removed upon termination of occupancy of either the dependent relative(s) or person(s)/family providing care;

            (2)   Is temporary, and is to be removed upon sale or lease of property of the sponsor;

            (3)   Provides living quarters for the dependent relative(s) or person(s)/family providing care, who is named in the permit; and

            (4)   Is not considered a use which is to be transferred with the property of the sponsor when said property of the sponsor is sold or leased; A copy of the recorded notice shall be submitted upon request by the applicant before the permit is issued;

         g.   It shall be the responsibility of the sponsor to submit a statement stating that the location of the temporary hardship use is not in conflict with any recorded, restrictive covenant or plat dedications upon request for a permit;

         h.   Before issuance of the permit, it shall be the responsibility of the sponsor to show proof of approval by Panhandle Health District of a wastewater disposal system for the temporary hardship use;

         i.   The temporary hardship use shall be in compliance with all frontage and setback requirements of the Residential Zone(s);

         j.   The permit for the temporary hardship use shall be renewed every year by the sponsor. Compliance with the provisions of this section and the manufactured home permit shall be certified by the sponsor at the time of renewal. Failure to renew the permit or permits within the stated time period shall constitute a violation of this title;

         k.   It shall be the responsibility of the sponsor to file a release of the notice required by subsection 2(f) of this section, signifying that the temporary hardship use has been concluded. The sponsor shall remove the temporary hardship use from the property within forty-five (45) days; and

         l.   The care provider may be administratively changed upon written application to and approval by the City Development Director. Any change in dependent relative(s) requires processing of a new temporary hardship use permit.

   L.   Truck Transport Facility: Standards for Truck Transport Facility based on Zone Designation are as follows:

 

 

(Ord. 542, 1-27-2015; amd. Ord. 619, 4-13-2021; Ord. 624, 10-12-2021))

   A.   District Boundary And Applicability:

      1.   These regulations shall apply to all property located within the following area:

      All parcels of property that have any frontage on either side of Government Way from the north side of Nita Avenue, with the line extended from Nita Avenue on the east to the north boundary line of the property directly to the west, to the south side of Dakota Avenue.

   B.   In the Central Business District (CBD), no building or premises shall hereafter be used, nor shall any building or structure hereafter be erected or altered (unless provided for in this title), except for one or more of the uses as defined in Hayden City Code 11-2-4 “Uses Permitted, Conditional Uses Permit, Development Standards Cross Reference” in accordance with the following restrictions and standards.

   C.   Restrictions:

      1.   Any use not explicitly permitted, unless determined by the City to be similar to other allowed uses, in this zoning district is prohibited.

      2.   Exterior Displays and Outdoor Storage Prohibited: Exterior display and storage of merchandise and materials is prohibited, excepting the following outdoor activities:

         a.   Outdoor eating areas.

         b.   Outdoor produce stands, flower markets and flower stands that are an extension of the interior use.

         c.   Plant nurseries, including outdoor activities associated therewith.

         d.   Temporary displays of merchandise or wares (limited in duration to 1 week per month, and not to exceed a total of 4 weeks per year).

   D.   Development Standards:

      1.   Frontage Requirements: All lots defined by this chapter shall have a minimum frontage of 30' on a public or private street, or shared driveway, where an access easement has been duly recorded.

      2.   Building Setback Requirements: The following building setback shall apply in the Central Business District Zone to all buildings constructed after the effective date hereof:

         a.   Setback Requirements:

            (1)   A minimum building setback of 10' shall be required along all street frontages, with the setback measured from the edge of the right of way/property line to the front of the building.

            (2)   For the portions of the property between the face of the building and from the right of way/property line that are not used for parking, circulation, or similar uses, the additional area must be utilized for landscape and/or hardscape improvements.

            (3)   A minimum setback of five feet shall be required for rear or side yards directly adjacent to an alley or shared private driveway.

            (4)   No minimum setback shall be required for rear or side yard, where no alley exists, provided the construction meets minimum separations as established in the applicable building and fire codes.

      3.   General Building Development Standards: The following development standards shall apply in the central business district zone to all buildings constructed after the effective date hereof:

         a.   Building Height: The maximum height of all buildings within the district shall not exceed 55'. For the purpose of this section, building height shall be measured from the finished grade of the street facing facade. Rooftop mechanical equipment shall not be considered part of the building for height calculation purposes.

         b.   Rooftop Mechanical Equipment:

            (1)   Shall be set back a minimum of 15' from the street facing building edge; and

            (2)   Shall be screened from view of the adjacent street or sidewalk. Screening may be accomplished utilizing one of the following techniques:

               (a)   Provide parapets that are at least as tall as the tallest equipment;

               (b)   Incorporate an architectural screen around the equipment; or

               (c)   Set the equipment back from the building edge a minimum of three feet for every one foot of building height, but in no case by less than 15' as required above.

      4.   Landscaping and Screening:

         a.   Landscaping And Hardscape Requirements: Landscaping, which shall include hardscape and plantings of trees, ornamental bushes and shrubs, flowers and vegetative ground coverings, must be installed and maintained on a minimum of 15% of each lot or development site within the central business district, with said landscaping to be installed as a required site development improvement. Hardscape, for this purpose, shall apply to such “fixtures” as masonry patios, walkways, planters, benches, bike racks, water features, and public art displays. In no case shall the area of hardscape elements applied to this landscaping requirement constitute more than one-third of the total required landscaping area.

         b.   Design Standards: All plantings shall meet the quality, condition, and species requirements as detailed in this title, the city’s adopted “Tree Standards Manual”, and other landscape design standards as may be adopted by the City Council.

         c.   Street Trees: Trees planted near public sidewalks or curbs shall be of a species selected from the city’s approved street tree list, and installed in a manner which prevents physical damage to sidewalks, curbs, gutters, and other public improvements. Commercial root barriers may be used to reduce the potential for root damage.

         d.   Ground Cover: Ground cover may be of live plant material, or washed rock mulch, walk on bark, and similar materials in combination with living plants, in all non-turf areas as a mulch to control weeds and conserve or retain water until the living plants have achieved desired coverage. Non-plant materials may be approved for use in limited areas through the site design review process.

         e.   Plant Materials: Plant material selection shall emphasize moderate to low water use plants.

         f.   Screening Required: All exterior garbage collection areas, recycling collection areas, and mechanical equipment shall be screened from view with a site obscuring fence, wall, or landscaping sufficient to completely screen the subject area from public view and the view of surrounding properties.

         g.   All landscaped areas shall be irrigated.

      5.   Parking Requirements and Standards within the CBD: All parking areas within the CBD shall conform to the parking requirements and design standards detailed in chapter 4 of this title.

      6.   Exterior Lighting Standards:

         a.   Display windows shall be constructed with internal lighting.

         b.   All exterior and outdoor lighting, including parking lot, street, pedestrian, and exterior building lighting, shall be fully shielded. “Fully shielded” lighting shall be defined as lighting that is constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below horizontal.

         c.   Parking lot lighting shall not exceed a maximum height of 28', and shall meet design standards as detailed in this title.

         d.   Pedestrian lighting shall not exceed a maximum height of 15'.

         e.   All street and pedestrian lighting proposed to be located within the public right of way shall require approval by city staff as consistent with the design of existing street and pedestrian lighting fixtures located on Government Way within the central business district.

         f.   The following types of exterior lighting shall be prohibited:

            (1)   Colored light bulbs, excepting seasonal lighting displays;

            (2)   Internally lit awnings or canopies, unless the awning/canopy is made of opaque material; and

            (3)   Metal halide, mercury vapor, neon or fluorescent tube lighting.

   E.   Architectural Design Standards:

      1.   Applicability:

         a.    Architectural design standards shall apply to all new construction and renovations which shall be defined as an activity or series of activities within a three year time period which are equal to or exceed 50% of the assessed value (per the latest structural value as determined by the Kootenai County assessor) of the existing structures excepting those project types specifically exempted.

         b.   The following project types shall be exempt from design standards detailed in this section:

            (1)   Interior remodels;

            (2)   Normal or routine maintenance and repair of buildings, ancillary structures, parking lots, and pedestrian areas;

            (3)   Any type of construction that does not require a building permit;

            (4)   Temporary structures as allowed per zoning code, and emergency structures; and

            (5)   Wholly residential buildings.

      2.   Architectural Design Requirements: The following architectural design features shall be required in all new construction and renovations that are subject to the requirements of this section.

         a.   Prohibited Materials: The following materials shall be prohibited for use on the building facade:

            (1)   T-111 or similar sheet materials;

            (2)   Stucco clad foam (EIFS);

            (3)   Vinyl siding;

            (4)   Asphalt shingles;

            (5)   Log siding and construction; and

            (6)   Mirrored, translucent, or otherwise nontransparent windows.

         b.   Color Palette: The following limitations and restrictions in the color palette shall be required:

            (1)   Each building shall be limited to no more than three principal facade colors.

            (2)   Bright colors that have intense and bright hues (such as primary or neon colors) shall be prohibited as principal facade colors.

            (3)   For the purpose of these requirements, “principal facade color” shall be defined as any color encompassing greater than 30% of the building facade (excluding the area of windows for the purpose of this calculation).

         c.   Design Goals: The design proposed by the developer must be demonstrated to incorporate design elements which meet the objectives of each of the following design goals:

            (1)   Pedestrian Oriented Ground Floors: To design street and sidewalk facing storefronts to be inviting and easily accessible to passersby; to ensure that the ground floor promotes a sense of interaction between activities in the building and activities in the public realm.

            (2)   Reinforced Corner: To create dynamic public gathering spaces and building entries where streets intersect; to enhance way finding and the comprehension of the downtown (applicable only to projects located on a corner at the intersection of 2 streets).

            (3)   Human Scale Building Facade: To design building facades to a “human scale” by including details, materials, and workmanship that is aesthetically appealing as well as comfortable for, and at, the scale of pedestrians.

            (4)   Facade Articulation: To have street facing and front building facades that create a clear and distinct breakup of the mass, utilizing bands, changes in colors, and/or changes in materials. This goal applies to buildings of all heights and numbers of stories.

            (5)   Cohesive Architectural Elements: To enhance the experience of passing motorists, pedestrians, and bicyclists by incorporating architectural design elements into the ground floor street facing and front building facades (and alley facing facades where feasible).

            (6)   Semipublic Spaces: To create safe, friendly and more intimate gathering zones (that relate to the functions inside the building) while allowing people to stop, sit, people watch and dine (applicable only to buildings located on lots with public street frontage).

            (7)   Weather Protection: To protect pedestrians from sun, wind, and rain.

            (8)   Materials: To use building materials and construction to evoke a sense of permanence; incorporate materials that are compatible with the surrounding built and natural environment, utilizing indigenous materials, when possible.

            (9)   Color Palette: To enliven and enhance the built environment, accentuate and harmonize with the building’s architecture, as well as to complement surrounding structures.

      3.   Permit Review Process:

         a.   Application Requirements: A completed administrative architectural design review checklist, submitted concurrently with the building permit and site plan application shall be required. Said application shall list all design elements which are incorporated into the project design to address each of the applicable design criteria, as detailed above.

         b.   Process: Administrative design review is completed by city staff concurrently with the site plan and building plan reviews.

         c.   Standards for Approval:

            (1)   The proposal incorporates all architectural design requirements; and

            (2)   The applicant has demonstrated that the proposal addresses each of the applicable architectural design criteria, utilizing elements or approaches identified for each criteria.

         d.   Decision:

            (1)   Upon granting or denying an application, the city staff shall specify in writing the basis of decision, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval.

            (2)   An affected party may appeal the decision to the City Council. (Ord. 619, 4-13-2021)

   A.   All proposed neighborhood nodes as identified on the Future Land Use of the currently adopted Comprehensive Plan shall require a conditional use permit.

   B.   Conditions of approval must ensure that the commercial use abutting the existing residential use mitigates the more intense use and must include the following design standards:

      1.   If the building does not abut the sidewalk, there must be a walkway between the sidewalk and the primary entrance.

      2.   Surface parking should be located to the rear or to the side of the principal building. All parking areas within the NCN shall conform to the parking requirements and design standards detailed in chapter 4 of this title.

      3.   Trash areas must be completely enclosed by a six foot tall site obscuring fence or landscaping. Dumpsters must have rubber lids.

      4.   Buildings must be designed with a residential character, including elements such as pitched roofs, lap siding, and wide window trim.

      5.   Lighting greater than one foot-candle is prohibited. All lighting fixtures shall be a “cutoff” design to prevent spillover and must meet the residential lighting standards in Hayden City Code 11-4-5.

      6.   Wall mounted signs are preferred, but monument signs no higher than six feet are allowed. Roof mounted signs and pole signs are not permitted. All signage must meet Hayden City Code 11-5.

      7.   Exterior signs shall not be internally lighted, but may be indirectly lighted; however, internal signage may be of neon signage meeting Hayden City Code requirements for Commercial signage.

      Additional conditions may be applied to meet the standards of approval and the vision as defined in the comprehensive plan. (Ord. 619, 4-13-2021)

   A.   Applicability:

      1.   Mixed Use zone designation design standards shall apply to all properties with a Mixed Use Type I (MU-1) or Type II (MU-2) zone designation. These standards shall apply to all new construction and renovations of the existing structures which shall include either a residential, a non-residential or combination of uses excepting those project types specifically exempted.

      2.   The following project types shall be exempted from design standards detailed in this section:

         a.   Interior remodels of the same use;

         b.   Normal or routine maintenance and repair of buildings, ancillary structures, parking lots, and pedestrian areas;

         c.   Any type of construction that does not require a building permit;

         d.   Temporary structures as allowed per zoning code, and emergency structures; and

         e.   Wholly residential structures of five dwelling units or less within one residential building on one lot.

   B.   Design Goals:

      1.   The design proposed by the developer must be demonstrated to incorporate design elements which meet all of the following objectives:

         a.   The ground floor promotes a sense of interaction between activities in the building and activities in the near community.

         b.   To have street facing and front building facades that create a clear and distinct breakup of the mass. This goal applies to all buildings of all heights and number of stories.

         c.   On sites where two or more buildings are located on the same project site, the buildings shall be designed with variation between building setbacks and/or placement to create variation and reduce repetitive streetscapes.

         d.   To have cohesive architectural elements into the ground floor street facing, front building facades, secondary streets, etc.

         e.   To create safe, friendly, and more intimate gathering zones in common open spaces.

         f.   To include landscaping and lighting throughout the building site to build architectural cohesiveness to the surrounding community.

         g.   To provide for compatible building and site design at an appropriate neighborhood scale.

         h.   To provide direct and convenient access to schools, parks, and neighborhood services.

         i.   To provide both formal and informal community gathering places and connections to neighborhoods and other employment areas. The Mixed Use zone should encourage walking as an alternative to driving, and provide more employment and housing options.

   C.   Design Requirements:

      1.   Landscaping, lighting, off-street parking and loading, and site plan shall be provided in accordance with Hayden City Code § 11-4. Signs shall comply with the provisions of Hayden City Code § 11-5.

      2.   For those properties within 300' of an existing signalized intersection or future intersection which is identified as a controlled intersection (i.e. interchange, signalized, or roundabout) in the Capital Improvement Plan of the adopted Transportation Strategic Plan, a minimum of 10% of the project's ground floor area must be developed and maintained as a commercial use.

         a.    That commercial building space may be separate from or included as part of a residential structure within a portion of the ground floor.

         b.   For those project sites which have more than one zone designation, the commercial use calculation shall be from those structures within the Mixed Use Zone Designation.

      3.   The following requirements apply to structures with both residential and commercial uses:

         a.   Mixed use buildings may have commercial uses on all stories, but in the case where a Commercial use is required by 11-2-8(C)(2) this commercial use must be on the ground floor and is not replaced by commercial use in another location of the building unless approved by the Planning and Zoning Commission at a regularly scheduled public meeting. The Commission shall determine if the request meets the design goals of the mixed use zone.

         b.   For those structures where the primary use is a commercial use, the structure could have less than four apartments within the mixed use structure.

      4.   For those structures located where the site is either a secondary lot (one with less than 50' of street frontage or the residential component of the site is set back 150 feet or more from the frontage road), no ground floor commercial use shall be required. Parking and associated residential accessory uses for the residential component of the site must be setback 150' within the secondary use and/or lot area to meet this requirement.

      5.   Those structures with multi-family dwelling units shall be a maximum of two stories when the adjacent zone designation is mixed residential or single-family residential. Setbacks to the structure taller than two stories shall be determined by a 1' horizontal to 1' vertical ratio (45° to the vertical) as shown by line A. No portion of the third story may be within this area abutting the adjacent zone designation of mixed residential or single-family residential.

      6.   A minimum of 90 cubic feet of private storage space shall be provided for each dwelling unit outside of such unit, unless a private attached garage serving only the unit is provided; such storage space shall be fully enclosed and lockable.

      7.   All roof-mounted equipment shall not be visible from any abutting lot or any street, except solar energy equipment. This shall be accomplished in a manner that is architecturally integrated with the main building.

      8.   A joint commercial/office/residential owner's association (POA) recorded declaration of conditions, covenants, and restrictions (CC&Rs) and/or recorded common area maintenance (CAM) agreement is required for all mixed use developments. The required CC&Rs or CAM shall address the assignment of required parking spaces and the identification of maintenance responsibilities.

      9.   New developments require the construction of usable private and/or common open space which shall be subject to site plan review. Examples of these spaces may include, but are not limited to the following:

         a.    Common open space: Playgrounds, clubhouse, recreation rooms, pools/spas, community gardens, picnic areas, gazebos, landscaped areas with paths, water features, sports courts, dog park, natural open space area, etc.

         b.    Private open space: Fenced yards, patios, decks, balconies, etc.

      10.   Density Allowances: In all cases, all other design standards shall be required. The transportation impact analysis and the sewer master plan analysis shall address the increased number of units as proposed in accordance with the model analysis for this zone.

         a.   The base allowance of 12 dwelling units per acre, may be increased by one dwelling unit per acre for each additional common open space amenity provided in the complex up to a maximum number of 15 dwelling units per acre.

         b.   Alternatively, the base allowance of 12 dwelling units per acre, may be increased by 2 dwelling units per acre if the site is completely screened with a Type I landscaping buffer along the perimeter of the site and the site is either a secondary lot (one with less than 50' of street frontage) or the residential component of the site is set back 150 feet or more from the frontage road.

         c.   Total density may be calculated by either A or B above, or a combination of both but may not exceed a total density of more than 15 dwelling units per acre.

 

      11.   For those properties within the Mixed Use zone, and also within the Central Business District or the Neighborhood Commercial Node Overlay Districts, these standards must be met in conjunction with the those found in Hayden City Code §11-2-6 and 11-2-7 respectively.

   D.   Permit Review Process:

      1.   Application Requirements: A complete building permit, site plan, and narrative to address the requirements of this section and the City Code. Said application shall list all design elements which are incorporated into the project design to address each of the applicable design criteria, as detailed above.

      2.   Process: Administrative design review is completed by City staff concurrently with the site plan and building plan reviews.

      3.   Standards of Approval:

         a.   The proposal incorporates all design requirements according to Hayden City Code 11-2-8(C); and

         b.   The applicant has demonstrated the proposal addresses each of the applicable design goals according to Hayden City Code 11-2-8(B).

      4.   Decision:

         a.   Upon granting or denying an application, the City staff shall specify in writing the basis of decision, the reasons for approval or denial, and the actions, if any, the applicant could take to obtain approval.

         b.   An affected party may appeal the decision to the City Council following the guidance in Hayden City Code. (Ord. 624, 10-12-2021; amd. Ord. 633, 6-14-2022)

This chapter will expire on September 28, 2022. (Ord. 623, 9-28-2021)

The Residential Multi-Family (R-MF) Zone is established to provide higher density residential housing areas served by collector and arterial street. This zone shall be characterized by buildings or groups of buildings containing multi-family dwelling units. (Ord. 623, 9-28-2021)

In the Residential Multi-Family (R-MF) Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title) except for one or more of the following uses in accordance with the following standards. (Ord. 623, 9-28-2021)

The following site area requirements apply in the R-MF Zone:

   A.   On any parcel of land or lot of whatever size a minimum of 65% of the area of the site shall be left in open space free from all structures; and

   B.   The maximum height of buildings shall not exceed 35' except that nondwelling structures may exceed this height by conditional use permit. The maximum height of accessory buildings shall not exceed 20'.

   C.   The minimum lot size for a single family residential dwelling is 8,250 square feet and each lot requires a minimum frontage of 20' on a public or private street. If a lot fronts on the bulb end of a cul-de-sac, the minimum frontage for that lot shall be 26' measured at curb line with a minimum 40' of width at front yard setback line.

   D.   The minimum lot size for a two family residential dwelling is 9,900 square feet and each lot requires a minimum frontage of 20' on a public or private street. If a lot fronts on the bulb end of a cul-de-sac, the minimum frontage for that lot shall be 26' measured at curb line with a minimum 40' of width at front yard setback line.

   E.   The minimum lot size for a three family residential dwelling unit or more is 15,000 square feet and each lot requires a minimum frontage of 30' on a public or private street. If a lot fronts on the bulb end of a cul-de-sac, the minimum frontage for that lot shall be 30' measured at curb line with a minimum 40' of width at front yard setback line. (Ord. 623, 9-28-2021)

   A.   The following uses and ones similar in nature, as determined by the City, are permitted;

      1.   For single-family residences, an accessory dwelling unit meeting the standards of section 11-2-5(A) of this title for accessory dwelling units.

      2.   Home daycares.

      3.   Home occupations Class A, as established in section 11-2-5(F) of this title. Limited to single-family dwelling only.

      4.   Major and minor utility infrastructure.

      5.   One multi-family residential dwelling per lot consisting of not more than four (4) dwelling units with the usual accessory buildings and private garages. Accessory buildings and private garages shall not exceed 1,500 square feet.

      6.   One single family residential dwelling per lot with the usual accessory buildings and private garages provided that the minimum lot size, frontage, site areas, building setback and off street parking requirements are met for the Zone under which that particular R use would be classified.

      7.   One two family dwelling per lot with the usual accessory buildings and private garages. Accessory buildings and private garages not to exceed 1500 square feet.

      8.   Temporary sales, development offices or storage facilities for subdivision or building sites.

   B.   Development and use standards for this zoning district are established in this title. (Ord. 623, 9-28-2021)

Any use not explicitly permitted, unless determined to be similar by the City, in this zoning district is prohibited. (Ord. 623, 9-28-2021)

 

 

(Ord. 623, 9-28-2021)

The following uses and ones similar in nature, as determined by the City, are permitted if authorized by approval of a conditional use permit:

   A.   Accessory buildings in excess of 1,500 square feet but no greater than 2,001 square feet.

   B.   Assisted living facilities.

   C.   Bed and breakfast facilities.

   D.   Churches.

   E.   Community assembly halls.

   F.   Daycare centers and preschools.

   G.   Foster homes, group homes, institutions for minor children.

   H.   Home occupations Class B, as established in section 11-2-5(F). Limited to single-family dwellings only.

   I.   Multi-family dwellings, five or more units.

   J.   Parks and recreational facilities, private.

   K.   Public buildings or complexes.

   L.   Schools.

   M.   Temporary hardship use for dependent relatives - allowed only as accessory to single-family residences. (Ord. 623, 9-28-2021)