For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district are as stated in section 17.10.020 of this chapter. (Ord. 1070, 2010)

The following zoning districts are hereby established with the specific purposes stated below:

A.   R residential districts: To provide regulations and districts for various residential uses. Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all residential and other districts. The four (4) residential districts focus on the following residential uses:

   1.   Residential one (R-1): Single-family dwellings.

   2.   Residential two (R-2): Single or two-family dwellings.

   3.   Residential three (R-3): Single-family, two-family and multi- family dwellings.

   4.   Multi-family residential (R-M): "Multiple-family dwellings", defined as dwellings for three (3) families or more.

B.   C-1 neighborhood business district: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. (Formerly NS - neighborhood services.)

C.   C-2 general business district: To permit the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones. Uses that complement rather than compete with the uses allowed within the CBD zoning district shall be encouraged.

D.   C-3 high density business district: To permit the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. This district is specifically designed in clusters to service the motoring public on major streets. Uses that compete with the uses allowed within the CBD zoning district shall be discouraged.

E.   CBD central business district: To accommodate and encourage further expansion and renewal in the historical core business area of the community. A variety of business, public, quasi- public, cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this district. Pedestrian friendly uses and developments are encouraged.

F.   M-1 light industrial district: To encourage the development of manufacturing and wholesale business establishments which shall be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, are operated entirely within enclosed structures and generate little industrial traffic. Research activities are encouraged and limited office and commercial uses may be permitted as ancillary uses. This district is further designed to act as a transitional use between heavy manufacturing uses and other less intense businesses.

G.   BP business park district: To encourage the development of technical park/research and development facilities, offices and office complexes, and limited manufacturing activities including small scale production, distribution and storage of goods. Support activities may also be permitted. All development within this district shall be designed to be within a landscaped setting, and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. Such development shall be operated entirely within enclosed structures, and generate minimal industrial traffic. All development requiring a special use permit in the BP zoning district, as shown in section 17.14.010 of this title, shall occur under the PUD process in accordance with section 17.40.010 et seq., of this title unless the proposed development does not meet the area requirements. Development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a special use permit shall be required unless the proposed use is shown as a permitted use in the BP zoning district within section 17.14.010 of this title.

H.   M-2 heavy industrial district: To encourage the development of major manufacturing, processing, warehousing and major research and testing operations. Limited office and commercial uses may be permitted as ancillary uses. These activities shall include certain uses excluded from the M-1 district for reasons of health, safety or general welfare. All development within this land use shall be reasonably free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare.

I.   PS public/semipublic: To provide for public/semipublic development such as golf courses, parks, recreation facilities, greenways, schools, and public service facilities such as government offices.

J.   MU mixed use district: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a special use permit in the MU zoning district, as shown in section 17.14.010 of this title, shall occur under the PUD and/or development agreement process in accordance with chapter 17.40 or 17.120 of this title unless the proposed development does not meet the area requirements. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a special use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or special use process if approved by the council provided the development agreement includes conditions of development that are required during the PUD and special use process.

K.   P planned unit development: This designation, following any zoning designation noted on the official zoning map of the city, indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development.

L.   Interstate sign overlay district: The purpose of this district is to allow for different standards for signs erected in certain areas adjacent to Interstate I-84. The following provisions for signs within the interstate highway overlay district shall apply:

   1.   High Rise Signs:

      a.   High rise signs shall have a maximum height of eighty five feet (85') when measured from the surface of the ground to the top of the sign.

      b.   Each high rise sign shall have a maximum signage of three hundred fifty (350) square feet for a single business occupancy of a parcel of real property and a maximum of six hundred (600) square feet for two (2) or more businesses on a single parcel of real property.

      c.   Each parcel of real property within the district may have one high rise sign per parcel of real property.

      d.   High rise signs must meet all requirements of the state of Idaho department of transportation pertaining to high rise signs adjacent to interstate highways.

   2.   Frontage Business Identification Or Product Signs:

      a.   The maximum height of frontage business identification or product signs shall not exceed thirty five feet (35') from the surface of the ground to the top of the sign.

      b.   Every frontage business identification or product sign shall not exceed two hundred (200) square feet and no more than one frontage business identification or product sign per street shall be permitted on any parcel of real property no matter how many individual businesses are located thereon.

   3.   Building Signs:

      a.   A maximum square footage of three (3) square feet per linear foot of building front shall be permitted for a building sign.

      b.   Buildings with less than twenty one (21) linear feet of frontage may not have a building sign which exceeds more than sixty five (65) square feet.

      c.   For purposes of this subsection L, any signage and/or logos on attached or detached canopies shall be considered part of a building sign.

   4.   Permits:

      a.   A building permit shall be required for the erection of any sign in the interstate sign overlay district which permit shall be applied for and issued in conformance with existing provisions of this title.

   5.   Off Premises Signs: Permits for off premises signs in the interstate sign overlay district shall be by special use permit only.

   6.   Contradictory Terms: This subsection L is intended to take precedence over any other provisions of this code which contradict any of its terms.

   7.   Definitions: For purposes of this subsection L, the following definitions shall apply:

   BUILDING SIGN: A sign installed on or supported by the business building.

   FRONTAGE BUSINESS IDENTIFICATION OR PRODUCT SIGN: A sign installed within twenty (20) linear feet of the business front property line and/or side street property line for corner lots or parcels.

   HIGH RISE SIGN: A sign in excess of thirty five feet (35') above the ground level installed within the interstate sign overlay district.

   PARCEL OF REAL PROPERTY: A contiguous parcel of land in identical ownership and defined by legal description, adequate for recording in the office of the county recorder.

   8.   Boundaries: The initial boundaries of the interstate sign overlay district shall be as follows:

      Beginning at the intersection of the east boundary of Section 6, T 9 S, R 17 E, and the north Right of Way of Interstate Highway 84;

      Thence in a northwesterly direction along the north Right Of Way of said Interstate Highway 84 through Section 6, T 9 S, R 17 E, Section 31, T 8 S, R 17 E, and Sections 36, 25, 24, 23 and 14, T 8 S, R 16 E, to the west boundary of said Section 14, T 8 S, R 16 E;

      Thence north along the west boundary of said Section 14 to a line which lies 1000 feet northeast of and parallel to the north Right of Way of said Interstate Highway 84;

      Thence southeasterly along a line parallel to and 1000 feet northeast of the north Right Of Way of said Interstate Highway 84 through Sections 14, 23, 24, and 25, T 8 S, R 16 E, and Section 30, T 8 S, R 17 E, to a point on the north boundary of Section 31, T 8 S, R 17 E;

      Thence east along the north boundary of said Section 31 to a line 1000 feet east of and parallel to the west boundary of said Section 31;

      Thence south along a line 1000 feet east of and parallel to the west boundary of said Section 31 to a line which lies 1000 feet northeast of and parallel to the north Right Of Way of said Interstate Highway 84;

      Thence southeasterly along a line parallel to and 1000 feet northeast of the north Right Of Way of said Interstate Highway 84 and Section 31, T 8 S, R 17 E, and Section 6, T 9 S, R 17 E, to the east boundary of said Section 6;

      Thence south along the east boundary of said Section 6 to the north Right Of Way of Interstate Highway 84 and the point of beginning.

M.   Design Overlay District:

   1.   District Created: The Design Overlay District is hereby created. The real property within the Design Overlay District shall consist of the following real property:

      All real property parallel to and within one hundred fifty feet (150') of the rights-of-way for either Main Street or Lincoln Street within the boundaries of the City of Jerome, excluding any property used for residential purposes, or which is occupied by the owner as a personal residence.

   2.   Amendment Of Zoning Map: The official map of the City of Jerome is hereby amended to include the above real property, described in subsection M1 of this section, within the Design Overlay District.

   3.   Design Review Permit: Prior to obtaining a building permit as required by the International Building Code or any successor Uniform Code adopted by the City of Jerome, any person shall, prior to obtaining a building permit for structures within the Design Overlay District, apply for, and obtain, a design review permit. Additionally, a design review permit shall be obtained by any person prior to painting or modifying the exterior facade of any structure or building facing Main or Lincoln Streets, or altering any sign, which sign faces either Main or Lincoln Streets within the Design Review Overlay District. The following activities shall be excepted from the requirement to obtain a design review permit:

      a.   Interior remodeling of a building or structure which does not impact its exterior appearance or significantly impact the parking, landscaping or other exterior uses of the property on which it is located; or

      b.   Repairs to an existing building or structure if the exterior appearance is not significantly altered; or

      c.   Improvements to, or modification or maintenance of, undeveloped property which does not significantly alter the outward appearance of the property.

   4.   Applications; Fee:

      a.   A person required to obtain a design review permit under this chapter shall submit an application to the Zoning Administrator.

      b.   Application shall be made on a form to be provided by the Zoning Administrator, which has been approved by the commission. No fee for the application shall be required unless the Council has passed a resolution requiring a fee prior to the filing of the application.

   5.   Application Review: When an application for a design review permit has been received with the appropriate fee, if such fee is required, the Zoning Administrator shall review the application and, if the Zoning Administrator determines that the application will have no substantial impact on real property within the Design Overlay District adjacent to the real property affected by the application or upon the City itself, the Zoning Administrator may submit findings of the application and place it on the agenda of the commission for its next regular meeting. Provided, however, all applications for sign design review may be reviewed and approved, or approved with conditions, by the Administrator. The Administrator shall follow the design review guidelines in force at the time the application is made in making such approval or approval with conditions. If the Administrator approves the application, he or she shall issue the applicant a design review permit. If the Administrator does not approve the application, the matter shall be placed on the agenda of the commission for the next regular meeting to be considered by the commission for approval or denial. If the Administrator approves the application with conditions, the applicant may accept the conditions and ask the Administrator to issue a permit or may request the permit be submitted to the commission for consideration. If such request is made, the Administrator shall place the application on the agenda for the commission's next regular meeting.

   6.   Planning And Zoning Commission; Hearing:

      a.   For all applications other than sign design review applications, the Zoning Administrator shall only have authority to recommend approval of an application for design review permit to the commission, or send such application to the commission for its consideration without making a recommendation for approval on its consent agenda. The commission may approve, deny, or conditionally approve any application for a design review permit.

      b.   At any meeting of the commission at which the approval of a design permit application is on the agenda, the commission may approve the application by the unanimous vote of the members present. If no unanimous vote is obtained, a public hearing shall be required on the application for design review permit at a meeting of the commission after public notice of such hearing is given pursuant to Idaho Code section 67-6509. After the hearing, the commission may approve, by a majority vote, an application for design review permit.

   7.   Appeals: Appeals of the decision of the commission on design review permit applications may be appealed to the City Council under the provisions of section 17.70.070 of this title.

   8.   Permit Issuance: When an application for design review permit has been approved, an original design review permit shall be issued by the commission and signed by the Zoning Administrator, setting forth the details of the permit and any conditions thereto.

   9.   Contents Of Application: The application for design review permit shall be made to the commission and shall contain all information which may be required by the commission including, but not limited to:

      a.   Name and address of applicant;

      b.   The legal description upon which the project will be undertaken;

      c.   The street address of the real property upon which the project will be undertaken;

      d.   The owner of the real property;

      e.   A narrative statement describing how the application meets the criteria set forth herein;

      f.   Unless waived for good cause, in whole or in part by the Zoning Administrator, seven (7) copies of the following:

         (1)   Vicinity map showing the property's location in relationship to neighboring properties in the surrounding area;

         (2)   A copy of any existing subdivision design or construction standards then in effect with respect to the property;

         (3)   Elevations of all sides of any new or modified building or structure on the real property;

         (4)   Descriptions or details of all materials proposed to be used for the exterior of the building or structure, including color chips and color swatches;

         (5)   A plan for any landscaping to be modified or constructed, if any; and

         (6)   Details of the placement, height, and specifications for new or modified exterior lighting, if any.

   10.   Scope Of Review: The Zoning Administrator or the commission if the Zoning Administrator determines not to make a recommendation, in cases where the sign or facade under subsection M3 of this section involves less than fifty (50) square feet, shall review the application for compliance with the following criteria:

      a.   Whether the project compromises the health, safety or welfare of the public;

      b.   Whether the project is in general compliance with the design review guidelines then in force as adopted.

The Zoning Administrator shall report to the commission at its next ensuing meeting all decisions made by the Administrator under this subsection M10.

   11.   Revocation Of Permit: A design review permit issued and which has become final and nonappealable, may be subject to revocation if the project described in the permit is constructed or operated in violation of the design review permit. The Council may initiate procedures for the revocation of a design review permit and require the holder of such a permit to appear and show cause before it why the permit should not be subject to revocation.

   12.   Penalties For Noncompliance; Binding On Successors: No certificate of occupancy shall be issued for any new structure or building under section 17.50.060 of this title until full compliance with the design review permit has been demonstrated. Any person no longer in compliance with an issued design review permit may, upon prior notice from the Council, and an opportunity to be heard, have its design review permit revoked. The certificate of occupancy shall not be reissued until compliance with the design review permit has been demonstrated to the satisfaction of the Council. Every design review permit shall be binding upon the heirs, successors and assigns of the person to whom the design review permit was issued. (Ord. 1169, 2018: Ord. 1079, 2010: Ord. 1070, 2010)

A.   Map Adopted: The zoning map of the City, copied and attached to the ordinance codified herein as exhibit A, is adopted as the official zoning map of the City, together with all explanatory material thereon, and is hereby incorporated into this title as if set forth at length.

B.   Boundaries Of Districts: Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following shall apply:

   1.   Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary;

   2.   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;

   3.   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map; and

   4.   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. (Ord. 1070, 2010)

District regulations shall be as set forth in the official schedule of district regulations, in the performance standards in chapter 17.18 of this title, and as otherwise provided within this Code. The official schedule of district regulations is divided into five (5) land use groups: agricultural, residential, commercial, industrial, and public/semipublic. To determine in which district a specific use is allowed:

A.   Find the use in one of the land use groups;

B.   Read across the chart until either "P" or "S" appears in one of the columns; and

C.   If "P" appears, the use is an allowed use; if "S" appears, the use is only allowed upon the issuance of a special use permit and/or a development agreement upon rezone to an MU or BP zoning designation; if no letter appears the use is prohibited.

   Provided, however, that if a proposed use of property is not specifically listed in the official schedule of district regulations, the use shall be prohibited, unless the Administrator determines that the proposed use is equivalent to a permitted or special use. In making said determination, the Administrator shall consider the following:

   1.   The impacts on public services, and activities associated with the proposed use, are substantially similar to any of the permitted or special uses listed for the application district;

   2.   The proposed use shall not involve a higher level of activity or density than any of the permitted or special uses listed for the applicable district;

   3.   The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and

   4.   The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan.

   5.   Should the use be determined to be equivalent to a use that requires a special use permit, the application shall be required to follow the procedures set forth for special use permits. (Ord. 1070, 2010: Ord. 1192, 2020)