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Heyburn City Zoning Code

CHAPTER 6

PERFORMANCE STANDARDS

8-6-1: GENERAL:

The purpose of performance standards is to set specific conditions for various uses and classifications of uses of areas where problems are frequently encountered. (Ord. 441, 7-24-2002)

8-6-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:

In addition to all yard regulations specified in the schedule of zoning regulations and in other sections of this title, the following provisions shall be adhered to:
   A.   Visibility At Intersections: On a corner lot in all districts where front and side setbacks are required, 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 (21/2) 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 adjoining points along said street right of way twenty five feet (25') from the point of intersection.
   B.   Fence And Wall Restrictions, Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of two and one-half feet (21/2') and ten feet (10').
   C.   Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate district.
   D.   Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district, except that the minimum yard requirements may be reduced if acceptable landscaping, screening or other mitigating feature approved by the commission is provided.
   E.   Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which such are attached and shall not project into the required minimum front, side or rear yard. Eaves of two feet (2') or less shall be disregarded for setback purposes.
   F.   Exceptions To Height Regulations: The height limitations contained in the official schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structure will constitute a hazard to the safe landing and take off of aircraft at an established airport.
   G.   Residential Uses In Nonresidential Zones: Lots used for residential purposes in nonresidential zones shall be governed by setback and use restrictions of lots in residential zones.
   H.   Regulations For Buildings Adjacent To River: Buildings adjacent to the Snake River:
      1.   Will have a minimum setback measured horizontally from the high water mark of any impounded water of the Snake River of twenty feet (20').
      2.   Will have a minimum elevation for any finished floor level or top of foundation of six feet (6') measured vertically from the high water mark of any impounded water of the Snake River.
      3.   Will have a minimum elevation for the finished surface grade of the general area of which the septic system drainfield will be installed of six feet (6') measured vertically from the high water mark of any impounded water of the Snake River. The septic system drainfield shall also be located on the opposite side of the building from the river unless located no less than three hundred feet (300') horizontally from the high water mark of the river. (Ord. 582, 4-27-2016)

8-6-3: SUPPLEMENTAL GENERAL PROVISIONS:

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 dwelling units unless:
      1.   The building to be converted is located in a zoning district that permits the applicable multi-family use;
      2.   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
      3.   The lot area per unit equals the lot area requirements for new structures in that district;
      4.   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
      5.   The conversion is in compliance with all other relevant codes and ordinances. (Ord. 441, 7-24-2002)
   B.   Temporary Buildings And Concession Stands: Temporary buildings, construction trailers, equipment and materials may be used in conjunction with construction work in progress, but such temporary facilities shall be removed upon completion of the construction work. Temporary living accommodations shall not be permitted at a construction site unless approved by the administrator, proper permits are obtained and approved, and the temporary unit is removed immediately upon completion of the construction project. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning approval authorized by the administrator as set forth in section 8-13-1 of this title. Concession stands may not be located on private property in any residential zone. (Ord. 557, 12-12-2012)
   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 or sight obscuring fence or wall of 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 administrator shall be provided. (Ord. 441, 7-24-2002)
   E.   Permits For Private Septic Systems Required: All persons putting in private septic tanks and drainfields shall first obtain a sewer system permit from the health authority before building permits may be issued as well as any zoning review to be conducted as set forth in the definition of "zoning review and certificates" in section 8-2-2 of this title. All septic systems shall be installed to the requirements as established by the state, federal, and local governments and as administered by the health authority. Septic tanks and drainfields are not permitted where city sewer service is reasonably available. (Ord. 562, 5-22-2013)
   F.   Development Close To An Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas as required by the state department of transportation, division of aeronautics and public transportation, and the federal aviation administration. (Ord. 441, 7-24-2002)

8-6-4: PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES:

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. Any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards are implemented 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 adopted fire code and the national fire protection agency standards;
   B.   Odors Or Air Pollution: The emission of obnoxious odors of any kind, as well as any toxic or corrosive fumes or gases including, but not limited to, dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon or particulate matter or any combination thereof is not permitted as defined by IDAPA 58 - department of environmental quality (DEQ) specifications and/or standards;
   C.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point. No electrical disturbance shall adversely affect the operation of any equipment at any point beyond the property of the emitter of such disturbance;
   D.   Noise: Objectionable noise as determined by the administrator, which is objectionable due to volume, frequency or beat, shall be muffled or otherwise controlled. Sirens and similar apparatus used solely for public purposes are exempt from this requirement;
   E.   Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property;
   F.   Glare: No direct or reflected glare shall be permitted which is directed toward and visible from any property outside a manufacturing district or from any street;
   G.   Erosion: No erosion, by man, 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 state and federal law;
   I.   Hazardous Chemical, Hazardous Material, Storage, Use And Dispensing Facilities: Facilities storing, transferring or otherwise using hazardous materials as defined in occupational safety and health administration (OSHA) and/or the department of transportation (DOT) specifications and/or standards shall be required to provide to the city of Heyburn a risk management plan (RMP) for approval by the city of Heyburn demonstrating that a release of the hazardous substance(s) does not pose a threat to the public and must be submitted with any construction documents or submittals that are presented for any zoning and/or building permit application.
As a minimum, the hazard assessment shall include the preparation and reporting of worst case release scenarios for each structure under consideration, showing the potential effect on the public for each. As a minimum, the worst case event shall include the complete failure (instantaneous release of entire contents) of a vessel, piping system, or other storage structure. A worst case event includes, but is not limited to, a release during the design wind or design seismic event as well as accidental damage caused by equipment or vehicles either by impact or failure. In this assessment, the evaluation of the effectiveness of subsequent measures for accident mitigation shall be based on the assumption that the complete failure of the primary storage structure has occurred. The off site impact must be defined in terms of population within the potentially affected area.
As a minimum, the prevention program shall consist of the comprehensive elements of process safety management, which is based upon accident prevention through the application of management controls in the key areas of design, construction, operation, and maintenance. Secondary containment of the hazardous substances (including, but not limited to, double wall tank, dike of sufficient size to contain a spill, or other means to contain a release of the hazardous substances within the property boundary of the facility and prevent release of harmful quantities of contaminants to the air, soil, groundwater, or surface water) are permitted to be used to mitigate the risk of release. The hazard assessment shall demonstrate that a release of the hazardous material from a worst case event does not pose a threat to the public outside the property boundary of the facility.
As a minimum, the emergency response plan shall address public notification, emergency medical treatment for accidental exposure to humans, and procedures for emergency response to releases that have consequences beyond the property boundary of the facility. The emergency response plan shall address the potential that resources for response could be compromised by the event that has caused the emergency.
   J.   Enforcement Provisions: The administrator, prior to granting zoning approval as set forth in section 8-13-1 of this title, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances; and
   K.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the United States bureau of mines, the health authority and the Manufacturing Chemists Association, Inc., Washington, DC. (Ord. 582, 4-27-2016)

8-6-5: RESERVED:

(Ord. 582, 4-27-2016)

8-6-6: PROVISIONS FOR UNIQUE LAND USES:

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:
   A.   Accessory Building In Residential Zones:
      1.   Will not be located in any required front yard area; and
      2.   Will not be located closer than five feet (5') from any side or rear property line.
   B.   Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property and will comply with all 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.
   C.   Meatpacking, Processing Plants And Slaughterhouse Facilities:
      1.   Will be located not less than one thousand feet (1,000') from any residence, except for an owner's residence. This restriction may be waived if affected property owner gives written permission to the commission;
      2.   Will be designed and located with full consideration to their proximity to adjacent use, their effect upon adjacent and surrounding properties, and to the reduction of nuisance factors; and
      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.
   D.   Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:
      1.   Will be located at least three hundred feet (300') from a residential zone, a residence, motel, and hotel, except for an owner's residence;
      2.   Will be erected subject to the approval of the fire chief or fire marshal; and
      3.   Will have suitable loading and unloading spaces and off street parking facilities, subject to the approval of the fire chief or fire marshal.
   E.   Chemical, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal.
   F.   Contractor's Yard:
      1.   Will be located a minimum distance of three hundred feet (300') from any residence except for any owner's residence; or will have a sight obscuring fence around areas utilized for storage of materials and equipment; and
      2.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
   G.   Drive-In Restaurant:
      1.   Will be maintained in a neat and orderly condition 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 an existing residence or residentially zoned area;
      3.   Will provide for adequate trash receptacles; and
      4.   Will not direct night lighting toward any residence.
   H.   Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activity:
      1.   Will result in the smallest amount of bare ground exposed for the shortest time feasible;
      2.   Will provide temporary ground cover, such as mulch;
      3.   Will use diversions, silting, basins, terraces and other methods to trap sediment;
      4.   Will provide lagooning in such a manner as to avoid creation of fish trap conditions;
      5.   Will not restrict a floodway, channel or natural drainageway;
      6.   Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;
      7.   Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way; and
      8.   Will restore topsoil or loam to a depth of not less than four inches (4").
   I.   Boathouse:
      1.   Will only be located within a shore lot;
      2.   Will be limited to one on premises boathouse for each shore lot;
      3.   Will not exceed a height of fifteen feet (15');
      4.   Will not exceed a horizontal area of four hundred (400) square feet; and
      5.   Will not be located closer than ten feet (10') to any property line.
   J.   Home Occupation:
      1.   No more than one person other than members of the family residing on the premises shall be engaged in such occupation.
      2.   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.
      3.   There shall be no change in the outside appearance of any of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign as allowed in this chapter.
      4.   If the dwelling or an accessory building is used as a home office for a business that provides services at other locations, no storage of material or equipment will be allowed outside of an enclosed building. Temporary or overnight parking of licensed vehicles, used for related services at other locations, is permitted. Yards for storage of materials or equipment will not be considered as part of a home occupation and shall comply with the specific requirements of that use.
      5.   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.
      6.   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.
      7.   Home occupations shall be conducted completely inside the dwelling, enclosed garage or other building accessory to the dwelling.
   K.   Manufactured Or Mobile Homes:
      1.   A manufactured or mobile home shall not be moved onto a site or occupied before a building permit has been issued;
      2.   At least one inspection after the permit is issued shall be to verify compliance with applicable zoning, health, installation, and building requirements;
      3.   A permit shall be required for all classes of manufactured homes and shall be in addition to any other required zoning, permit, or hookup fees;
      4.   Manufactured or mobile homes as defined in this title shall only be used for residential purposes; and
      5.   Manufactured or mobile homes that are no longer occupied and have become run down, dilapidated or deemed unsafe or a public nuisance shall be removed and/or disposed of at the owner's expense.
   L.   Manufactured (Mobile) Home Parks Or Courts:
      1.   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 so that such use will not change the essential character of the same area;
      2.   Will not be hazardous or detrimental to existing or future neighboring uses;
      3.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools, or the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;
      4.   Will be consistent with the intent and purpose of this title and the comprehensive plan;
      5.   Will have vehicular approaches to the property which shall be designed as not to create an interference with traffic in surrounding streets or roads;
      6.   Will not result in the destruction or damage of natural, scenic or historic features of major importance;
      7.   Will meet the minimum health standards as set forth and administered by the appropriate health authority;
      8.   Will have a minimum of eight feet (8') separation between manufactured home units. Garages, carports or any other accessory buildings shall be located at least eight feet (8') from all manufactured homes other than the one they are intended to serve;
      9.   Will provide two (2) off street parking spaces for each mobile home parking space; and
      10.   Will be a minimum total area of two (2) acres for the manufactured home park or court including common areas, buildings, and facilities.
   M.   Outdoor Storage Of Commercial And Industrial Materials:
      1.   Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and
      2.   Will not be located in any front yard setback area.
   N.   Riding Stables And Schools:
      1.   Will locate all stables or loafing sheds not nearer than one hundred feet (100') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property lines;
      2.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers, and the factors of noise and odor; and
      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.
   O.   Rifle And Pistol Range:
      1.   Will be designed with a backstop;
      2.   Will be designed to avoid a line of fire that is directed toward any residence or business within one mile;
      3.   Will incorporate landscaping that is compatible with the surrounding landscaping; and
      4.   Will provide supervision and security measures during periods of use.
   P.   Salvage Yard:
      1.   Will be completely enclosed by a solid six foot (6') high sight obscuring fence;
      2.   Will not result in the storage of automobiles, junk or salvage material that is visible from any public right of way;
      3.   Will not result in the storage of materials that exceed the height of fence;
      4.   Will have landscaping that is compatible with the surrounding area; and
      5.   Will comply with other regulations or ordinances adopted by the appropriate jurisdiction.
   Q.   Abandoned, Junked Property: No person shall place, allow, discard, maintain, park or store for a period of time exceeding forty eight (48) hours any dismantled, abandoned, junked, damaged, unlicensed or destroyed motor vehicles, equipment, machinery or miscellaneous property. The provisions of this subsection shall not apply to any lawfully operated business when otherwise permitted and in compliance with this and all other applicable ordinances, or when said motor vehicles, equipment, machinery or miscellaneous property is housed entirely within an enclosed building.
   R.   Livestock: Unless otherwise regulated in this chapter or any other applicable ordinance the keeping of livestock shall comply with the following provisions:
      1.   On any lot, tract or parcel not zoned agricultural within the cities, city areas of impact, or any rural residential subdivision having an enclosed pasture of at least one-half (1/2) acre, fenced to hold or contain livestock, the owner, renter or occupant thereof may have not more than one head of horses, mules, cattle or any combination of said animals for each full one-half (1/2) acre of enclosed pasture; or, not more than two (2) swine or three (3) sheep or goats, or combination thereof for each full one-half (1/2) acre of enclosed pasture; or, such owner, occupant or renter may have and keep one horse, mule or head of cattle, or any of the same, in combination with two (2) swine or three (3) sheep or goats or combination thereof on each full one acre of enclosed pasture.
      2.   Reserved.
      3.   Waste and runoff shall be contained completely on the premises and not allowed to enter any river, stream, drain ditch, canal, or lateral. The keeping and maintaining of livestock and pets shall also comply with other livestock and animal control provisions of this title or other ordinances or regulations as adopted by the appropriate jurisdiction.
   S.   Reserved.
   T.   Refuse, Solid Waste, Stagnant Water: No person shall permit or suffer to be or accumulate in or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him within the city limits or area of impact, any stagnant or impure water, refuse, vegetable decay or decaying substance, human or animal discharge, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance.
   U.   Recreational Vehicles: It is prohibited to place and occupy a recreational vehicle on any lot or parcel except in an approved recreational vehicle or manufactured home park, subject to the following exceptions:
      1.   Temporary occupancy of up to fourteen (14) days of a recreational vehicle for use by friend or family of owner or occupant. (Ord. 582, 4-27-2016; amd. Ord. 2022-644, 9-14-2022)

8-6-7: PROVISIONS FOR GOVERNING BILLBOARDS AND SIGNS:

The purpose of this section is to control and regulate the erection and maintenance of signs, in the interest of public safety, to promote and enhance property values, and to encourage the design of signs to be in harmony and compatible with the overall street or road setting and the neighborhood character.
   A.   Definitions: For purpose of this section, certain terms, phrases, or words used herein shall be defined in chapter 2 of this title.
   B.   Exempt Signs: The following types of signs, when not illuminated, do not require permits and are not subject to the general requirements of this section:
      1.   Directional or informational signs bearing no advertising message located within a parcel and signs not exceeding sixteen (16) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities;
      2.   Memorial signs or tablets and names of buildings and dates of erection when mounted on or cut into the surface or facade of the building;
      3.   Traffic or other county/city signs, signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board of county commissioners or the applicable city council;
      4.   Signs placed by public utilities showing the location of underground facilities;
      5.   Project or construction signs when referring solely to the principal use of the property;
      6.   Home signs located on the parcel of the applicable residence or home occupancy; and
      7.   Property and temporary signs.
   C.   Prohibited Signs:
      1.   No sign or sign structure, other than those approved by the jurisdiction having authority shall be placed upon any road or highway right of way; and
      2.   No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display.
   D.   General Regulations:
      1.   In addition to the requirements herein provided the installation of signs and billboards shall be governed by applicable provisions of the currently adopted international building code.
      2.   Sign projections over a public right of way, if permitted, will be governed by the applicable standards as established by the authority having jurisdiction as well as provisions provided in this section.
      3.   No sign or sign structure shall be placed on private or public property without the written consent of the owners or agents thereof.
      4.   No sign facing the side or rear property line of an abutting residential property shall be located within fifty feet (50') of such side or rear property line.
      5.   Flashing and/or animated signs shall be prohibited within three hundred feet (300') of any residential zoning district.
      6.   For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign and its location shall govern:
         a.   No projecting sign shall be erected in the same horizontal plane with other projecting signs unless the sizes are spaced as set forth herein, measured center to center.
         b.   Projecting signs three feet (3') or less in depth shall be spaced no less than ten feet (10') apart.
         c.   Projecting signs more than three (3) to six feet (6') in depth shall be spaced no less than twenty feet (20') apart.
         d.   Projecting signs more than six feet (6') in depth shall be spaced no less than thirty feet (30') apart.
         e.   Any projecting sign erected at a shorter distance than required above shall be erected above the top edge or below the bottom edge of the blanketed sign.
   E.   Home Signs:
      1.   One accessory nameplate and home occupation sign or combination is permitted for each dwelling.
      2.   In RL, RM and RH zoning districts, the erection of such signs are subject to the following design standards:
         a.   Each sign shall not exceed four (4) square feet in area and may be illuminated by external illumination only.
         b.   Home occupation signs must be attached flatly to the building and must not exceed the height of the eave line.
      3.   In other than RL, RM and RH zoning districts, the erection of such signs are subject to the following design standards:
         a.   Each sign shall not exceed sixteen (16) square feet in area and may be illuminated by external illumination only.
         b.   Home occupation signs located in the front yard shall be positioned so as not to obstruct vision at intersections or for access driveways.
      4.   Any home occupation sign not complying with these provisions may be permitted only with the granting of a special use permit. (Ord. 481, 12-14-2005)
   F.   Billboards:
      1.   Billboards shall be permitted as established in the official schedule of zoning regulations only adjacent to state highways and Interstate 84;
      2.   Billboards may be permitted as established in the official schedule of zoning regulations adjacent to other arterial streets or roads with the approval of a special use permit;
      3.   Billboards shall be located within one hundred feet (100') of the street, road, highway or interstate right of way;
      4.   Billboards shall not exceed a height of fifty feet (50') from the base of the sign or twenty five feet (25') from above grade level of the right of way, whichever is less;
      5.   Billboards shall not exceed three hundred twenty (320) square feet in area except along Interstate 84 where billboards shall not exceed six hundred seventy five (675) square feet;
      6.   Billboards may be allowed two (2) faces or back to back sign faces, provided there is no more than five feet (5') separating the sign faces;
      7.   Billboards shall not be located any closer than one thousand feet (1,000') from any other billboard measured from center of sign to center of sign in the direction of the traffic being served on any given side of the street, road, highway or Interstate 84;
      8.   Billboards located on intersecting streets, roads or highways shall not be located any closer than one thousand feet (1,000') from any billboard located on an intersecting street, road or highway;
      9.   Billboards shall not be located within four hundred feet (400') of any residential zoning district;
      10.   Billboards' primary structure shall be of painted noncombustible material and monopole design; and
      11.   Illumination of billboards shall be limited to the hours between dusk and dawn. (Ord. 493, 3-28-2007)
   G.   Temporary And Nonconforming Signs:
      1.   Those signs herein designated as being temporary signs shall be completely removed by the owner of the sign or by the owner of the property upon which the sign is located at the expiration of the time during which the sign was permitted.
      2.   Temporary signs may be permitted past the established expiration date with the approval of special use permit.
      3.   Nonconforming signs shall be deemed to be a conforming use and/or structure and any owners of such signs may continue use and normal maintenance.
      4.   Nonconforming signs may only be expanded or enlarged with the approval of a special use permit. (Ord. 481, 12-14-2005)