The purpose of performance standards is to set specific conditions for various uses or areas where problems are frequently encountered. (Ord. 1070, 2010)

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

A.   Conversion To More Residential Dwelling Units: A residence may not be converted to accommodate an increased number of dwelling units unless:

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

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

   3.   The conversion is in compliance with all other relevant provisions of this code.

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

C.   Parking And Storing Of Certain Vehicles: Except as stated in subsection D of this section, 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. Further, no boats, motor homes or other recreational vehicles may be parked more than seventy two (72) consecutive hours in front of any residentially zoned property.

D.   Recreational Vehicles:

   1.   Definitions: For purposes of this section, the term "recreational motor vehicle (RV)" includes, but is not limited to: motor homes, fifth wheels, over cab pickup campers, travel trailers and/or tents.

   2.   Prohibition Of Use As Primary Residence: No person(s) shall reside or permit any other person(s) to reside in and utilize any RV as their primary residence in any zoning district within the city of Jerome unless otherwise prescribed herein.

   3.   Temporary RV Residence: Pursuant to the regulations contained in subsections D4 to D7 of this section, a person may obtain a license permitting the use of an RV as a temporary residence for a period not to exceed fourteen (14) days. The RV must remain mobile and road worthy at all times. In addition, the RV may connect to electricity but it shall not connect to any residential cleanouts or street manholes.

   4.   Application Procedure: The applicant must submit an application to the planning and zoning administrator and receive approval prior to residing in an RV on private property. As part of said application, the applicant must provide the address, proposed dates they will reside in the RV, and written consent from the property owner where the RV will be located.

   5.   Renewal: Upon request by the applicant, and in the sole discretion of the planning and zoning administrator, any temporary RV license obtained may be renewed for an additional fourteen (14) day period. Provided, however, that any such license may only be renewed twice during any calendar year for an absolute maximum of forty two (42) days. Renewal request must be submitted with all of the application materials listed in subsection D4 of this section and processed before the expiration of the original approval.

   6.   Temporary RV Residence Exemption: Any person may reside in an RV on private residential property with the property owner's consent for up to seventy two (72) hours without a license. The RV residence must remain mobile and road worthy. The RV residence may connect to electricity but it shall not connect to any residential cleanouts or street manholes. Additionally, any person may reside in an RV residence in a "manufactured home court (RV)" as defined by chapter 17.03, "Rules And Definitions", of this title.

   7.   Violation/Penalty: Any person found in violation of this section shall be guilty of an infraction and subject to a fine of fifty dollars ($50.00). A second violation within one year of the previous offense shall constitute an infraction and subject to a one hundred dollar ($100.00) fine. Any subsequent offense within one year of the previous offense shall constitute a misdemeanor, punishable by up to six (6) months in jail, up to a three hundred dollar ($300.00) fine or both such jail and fine.

E.   Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be 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.

F.   Accessory Building:

   1.   Will not be located in any required front or street side yard area.

   2.   Accessory buildings one hundred twenty (120) square feet in area or larger shall comply with the minimum setbacks of three feet (3') from property lines and shall be limited to a maximum height of twenty-five feet (25') or no higher than the primary structure, whichever is less and shall require a building permit. All accessory buildings shall utilize siding materials that are similar in type (vinyl, wood, etc.), color, hue, tone as the primary, existing structure.

   3.   Accessory buildings shall be constructed with building materials that are similar and harmonious with the existing structures on the property in which the building is being proposed.

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

   1.   Will be required to comply with the setback requirements of the Idaho Fire Code or located at least one hundred feet (100') from a residential zone, residence, motel, or hotel, except for an owner’s residence;

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

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

H.   Chemicals, Pesticide, and Fertilizer Storage and Manufacturing: Will have adequate fire protection, storage area, handling, and disposal as approved by the fire chief. (Ord. 1233, 2024: Ord. 1225, 2024: Ord. 1119, 2014)

In addition to all yard regulations specified in section 17.14.020 of this title, and in other sections of this title, the following provisions shall be adhered to:

A.   Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the 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 joining points along said street right of way lines twenty five feet (25') from the point of intersection.

B.   Fences In Front Yards: In any required front yard, no fence or wall or shrub shall be permitted which materially impedes vision across such yard over the height of three feet (3') and twenty feet (20') back from front property line.

C.   Yards In 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.   Exceptions To Height Regulations: The height limitations contained in section 17.14.020 of this title 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 structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.

E.   Maximum Units Per Lot: Any buildable lot conforming to this title shall be permitted a maximum of one dwelling unit per lot, where permitted by this title. Additional dwelling units shall not be permitted within the above mentioned zoning designations unless specifically permitted elsewhere within this title. (Ord. 1225, 2024: Ord. 1070, 2010)

A.   Performance Requirements: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except, that any case permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:

   1.   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 that is compatible with the potential danger involved as specified in the international fire code and the National Safety Foundation publications.

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

   3.   Noise: Objectionable noise, as determined by the administrator, which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

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

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

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

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

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

B.   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 National Standards Institute, the American Chemistry Council, the United States department of energy, the Idaho department of environmental quality, and the local health authority.

C.   Enforcement: The administrator, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

D.   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. (Ord. 1225, 2024: Ord. 1070, 2010)

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.   Agriculture:

   1.   A minimum area of five (5) acres of land area for production of agricultural products.

   2.   Prior to issuing a special use permit, the planning and zoning commission shall consider, in addition to the factors set forth in chapter 17.60 of this title:

      a.   The statement of purpose of this chapter;

      b.   The proposed use for a location in an area;

      c.   The availability of alternative locations;

      d.   Compatibility with existing or permitted uses on adjacent lands;

      e.   The need for public services created by the proposed use;

      f.   The effect of the proposed use on water, air or soil resources;

      g.   Parking; and

      h.   Any other site elements which to the planning and zoning commission appear relevant.

   3.   Conditions which may be attached to special use permits include, but are not limited to:

      a.   Increased setbacks and yards;

      b.   Specifications for water supply, liquid waste and solid waste disposal facilities;

      c.   Additional landscaping and vegetable buffers and screens;

      d.   Time of operation;

      e.   Air pollution controls;

      f.   Locations of the use;

      g.   Buffers; and

      h.   Site plan review.

   4.   Depending on the nature of the specific agricultural use, additional standards as follows may be applied in the special use permit:

      a.   Apiary, Beekeeping:

         (1)   No more than one beehive shall be kept for each one thousand (1,000) square feet of lot area.

         (2)   No beehive shall be kept closer than five feet (5') to any lot line and ten feet (10') to a dwelling or the permitted placement of a dwelling on another parcel. No beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of any adjacent residential dwelling.

         (3)   A solid fence or dense hedge at least six feet (6') in height, shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five feet (5') of the hive and shall extend at least two feet (2') on either side of the hive. No solid fence or hedge shall be required if all beehives are located at least twenty five feet (25') from all property lines or located on porches or balcony areas at least ten feet (10') above grade, except if such porch or balcony is located less than five feet (5') from a property line.

         (4)   A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at swimming pools or other sources of water on nearby properties.

         (5)   No Africanized bees may be kept on a property under the regulations of this subsection.

      b.   Retail Sales, Farm Stand And Agricultural Tourism Activities:

         (1)   Retail sales including farm stands, and agricultural tourism shall be subordinate to the growing of crops.

         (2)   At least seventy five percent (75%) of the products sold at the farm stand or agricultural tourism activity shall be grown or produced on the site where the farm stand is located.

         (3)   Adequate and safe conditions for off street parking to serve the farm stand or agricultural tourism shall be provided. Parking and internal driveways shall not be located on or adjacent to combustible surfaces or materials.

         (4)   Structures, signs, merchandise, or any other material utilized in the operation of the farm stand or agricultural tourism activity shall not interfere with the clear vision triangle.

         (5)   The operation of the farm stand or agricultural tourism activity shall not be conducted within the public right of way, unless otherwise authorized by the city.

         (6)   If an increased setback and/or buffer has been required for the agricultural land use as a condition of the special use permit, the operation of the required farm stand or agricultural tourism activity shall not be conducted within that required setback and/or buffer.

         (7)   Any permit or temporary structure associated with the farm stand or agricultural tourism activity shall meet the building code requirements.

B.   Animal Care:

   1.   Will be located at least three hundred feet (300') from any residence including lodging, 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

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

   1.   Will be located at least five hundred feet (500') from a residential zone, a residence, motel or hotel, except for an owner's residence;

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

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

D.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief.

E.   Farm Animal:

   1.   Chickens, Poultry, And Fowl:

      a.   No household or parcel of property shall keep more than six (6) chickens, poultry, or fowl.

      b.   Roosters are prohibited.

      c.   The chickens, poultry, or fowl shall be contained to the site, or the site shall be fenced.

      d.   Any chicken coop or accessory structure associated with the chickens, poultry, or fowl shall be placed in accordance with the accessory structure setback requirements.

      e.   Chickens, poultry, or fowl shall not be kept in the front yard.

      f.   Chickens, Poultry, and Fowl are exempt from obtaining a special use permit; however, an application shall be completed and approved administratively by the planning and zoning department.

      g.   Any unresolved violations of 1. a. through e. or nuisance complaints regarding smell and/or noise will result in the permit being revoked. An applicant may reapply through the special use permit process after one (1) year of the permit being revoked.

      h.   Any fee shall be set by resolution of the City Council.

   2.   Horses, cattle, and sheep quartered within the city limits prior to May 5, 1983, may remain without the necessity of a special use permit being issued. If the real property upon which the animals are located is sold, or leased, should the number of horses, cattle or sheep be increased, or should no such animals at all be on the real property for a period of at least one year, then a special use permit shall be required before any such animals may be quartered on the real property. Nothing contained in this subsection shall be construed to allow by implication the quartering of any other livestock within the city limits, by special use permit, by right, or by any other means.

   3.   For each lot of one and one-half (11/2) acres the owner may maintain, in combination, no more than two (2) head of horses, cattle, or sheep per acre of improved pasture. For each additional acre of improved pasture, the owner may maintain an additional combined total of two (2) head, provided no owner shall maintain a total of more than six (6) head irrespective of the total size of the lot or acres of improved pasture. The right to maintain animals under this section shall be subject to the following conditions:

      a.   The lot must be maintained by the owner or tenant.

      b.   The animals be securely fenced or otherwise restricted to the owner's property.

      c.   All pens, corrals, sheds, stables or other structures used for keeping livestock, shall be located not less than twenty feet (20') from the applicant's residence and no less than fifty feet (50') from any neighboring residence. Fences or pens, corrals or similar enclosures must be of sufficient height and strength to retain the animals. All structures, including sheds, corrals, and stables, shall be constructed and maintained in a manner consistent with the structures located on surrounding properties. Standings under roofed stables or sheds, and pens or corrals, shall be provided with proper drainage and shall not create offensive odors, fly breeding, and other nuisances.

      d.   Adequate water supply must be provided.

F.   Contractor's Yard:

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

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

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

G.   Day Care:

   1.   On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients.

   2.   For day care centers and group day care facilities located in a residential zone and/or adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 8:00 p.m.

   3.   Additional standards for day care facilities that serve children:

      a.   All outdoor play areas shall be completely enclosed by a minimum six-foot (6') fence to secure against exit/entry by small children and to screen abutting properties.

      b.   Outdoor play equipment over six feet high, shall not be located in a front yard or within any required yard.

      c.   Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.

H.   Drive-Through Establishment:

   1. A drive-through establishment shall be oriented toward the side or rear yards and not placed between the street right-of-way and the primary customer entrance.

   2.   A six-foot (6') sight obscuring fence or equivalent landscaping shall be provided where a stacking lane or window location adjoins a residential zone or an adjacent residence.

   3.   Adequate trash receptacles shall be provided within an enclosed structure.

   4.   The direction of night lighting shall be away from any other properties.

   5.   Safe pedestrian and vehicle access and circulation on the site and between adjacent properties shall be demonstrated as follows:

      a.    Access to the pedestrian customer shall be provided facing the public right-of-way.

   b.    Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.

   c.    The design and construction of the drive-through facilities shall minimize the number of street accesses.

I.   Drive-In Restaurant:

   1.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties;

   2.   Will have at least a six foot (6') high sight obscuring fence along the property lines that adjoin a residence;

   3.   Will provide for adequate trash receptacles; and

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

J.   Home Occupations:

   1.   Any use which changes or may change the character of the neighborhood will not be permitted. The following uses shall not be permitted as home occupations in residential zones:

      a.   Medical/dental office;

      b.   Motor vehicle and engine repair;

      c.   Painting or body work on vehicles, trailers, or boats;

      d.   Small engine repair;

      e.   Medical facilities for animals, including animal care or boarding facilities;

      f.   Dispatch centers, where employees come to the site and are dispatched to other locations;

      g.   Machine shop/metal working;

      h.   On-site retail sales;

      i.   Commercial food preparation, not including catering;

      j.   Contractors shops;

      k.   Mortuaries or funeral home;

      l.   Body piercing and/or painting, tattoo; and

      m.   Any business that requires storage or manufacturing of toxic or hazardous materials, as a significant part of its business, including ammunition or gunpowder.

   2.   An occupation which does not comply with the following criteria shall not be deemed a “home occupation”:

      a.   No more than one (1) person other than members of the family residing on the premises shall be engaged in such occupation;

      b.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall be conducted entirely within a dwelling unit or accessory structure. A detached accessory structure shall be located in the rear or side yard;

      c.   Not more than four hundred (400) square feet of the floor area of the dwelling unit or accessory structure shall be used in the conduct of the home occupation;

      d.   The appearance of the dwelling unit or accessory structure shall not be altered and the occupation shall not be conducted in any manner that causes the premises to deviate from its residential character, either by color, materials or construction, lighting, signs, sound or noise vibrations, traffic generation and parking requirements;

      e.   No significant traffic shall be generated by such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable or objectionable to the normal senses off the lot, if the occupation is conducted in 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 cause fluctuations in line voltage off the premises;

      f.   No storage of materials or supplies outdoors; and

      g.   A home occupation shall not involve the use of signs and/or structures other than those permitted in the zone in which the property is located.

   3.   Any existing home occupation with a current special use permit that would violate paragraph 1., shall not be denied renewal solely on the grounds it violates paragraph 1., provided it is otherwise in compliance with this section.

K.   I. Manufactured Home:

   1.   Every manufactured home shall be composed of two (2) or more sections and must enclose a space of not less than one thousand (1,000) square feet on a single level.

   2.   Every manufactured home must be placed on an excavated and backfilled foundation and must have an enclosed perimeter.

   3.   Every manufactured home shall have a pitched roof not less than three feet (3') in height for each twelve feet (12') in width.

   4.   Every manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used in residential dwellings predominantly found in the neighborhood in which it is located as determined by the building official of the city.

   5.   Mobile homes rehabilitated in accordance with the provisions of Idaho Code 44-2501 et seq., shall be regarded as manufactured homes for the purpose of this title and the schedule of uses in this section.

   6.   Manufactured homes or rehabilitated mobile homes under Idaho Code 44-2501 meeting all the requirements of this title, except for the size requirement, may be placed in manufactured home or "mobile home parks" as presently defined in section 15.24.010 of this code.

   7.   A mobile home not rehabilitated in accordance with Idaho Code 44-2501 et seq., shall not be placed within any zoning district of the city.

L.   Manufactured Home Park:

   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 and that such use will not change the essential character of the same area;

   2.   All manufactured home parks will be required to install curb, gutter and sidewalks on the exterior of the development and the interior lots of the development; streets and walkways designed for the general use of the mobile home park residents shall be lighted during all hours of darkness. Such lighting shall not be under the control of the manufactured home occupant.

   3.   Each manufactured home site shall be marked for identification by number. Such marker shall be with three inch (3") or larger numbers and must be easily readable from the park street serving the lot;

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

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

   6.   Will be consistent with the intent and purpose of this title;

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

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

   9.   Will meet the minimum health standards as set forth by the Idaho state department of health and welfare; and

   10.   Will have a minimum total area for the manufactured home park of five (5) acres. A manufactured home shall not be located closer than fifteen feet (15') from any other manufactured home or permanent building within the manufactured home park. A manufactured home accessory building shall not be closer than five feet (5') from a mobile home or building on an adjacent site.

M.   Recreational Vehicle Park:

   1.   All RV parks shall file an application for a special use permit pursuant to the provisions of Chapter 17.60.

   2.   Each RV Park shall be held in one ownership and shall contain at least two (2) acres of land.

   3.   Each RV shall have its own RV space within the park and all RV spaces shall be connected to central water and sewer systems. Dry RV spaces may be allowed as long as water is provided on-site and sewer can be accommodated with an on-site RV dump or by use of the City/Private off-site RV dumps.

   4.   All RV spaces shall be graveled or paved.

   5.   All internal streets and ways shall be private and shall be constructed in accordance with the subdivision ordinance standards for private streets.

   6.   The RV park shall be adequately screened from view by a fence or substantial landscaping from adjacent and nearby properties and public streets. A landscape plan for the entire property shall be included as part of the special use permit application.

   7.   Areas shall be provided for the parking of motor vehicles. Such areas shall accommodate at least the number of vehicles equal to the number of spaces provided.

N.   Nursing Home or Care Facility shall be located adjacent to an arterial or collector roadway in all zoning districts.

O.   Riding Academies And Stables:

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

   2.   Will be designed and 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 sanitary practices and to prevent the creation of a nuisance.

P.   Slaughterhouses Or Stockyards:

   1.   Shall not be permitted, or be allowed by special use permit, within the city limits.

Q.   Vehicle Wrecking Yard Or Salvage:

   1.   Will be completely enclosed by a solid six foot (6') high or higher sight obscuring fence;

   2.   Will not result in the storage of automobile, junk or salvage material that is visible from any public right of way;

   3.   Will not result in the storage of automobiles that exceed the height of the fence; and

   4.   Will have such landscaping that is appropriate with the surrounding area. (Ord. 1238, 2025: Ord. 1225, 2024: Ord. 1184, 2020: Ord. 1158, 2016: Ord. 1115, 2013)

A.   Setbacks: Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located.

B.   Site Layout:

   1.   Temporary structures and merchandise shall be displayed so as not to interfere with the clear vision triangle. In no case shall items be displayed, or business conducted within the public right of way, unless otherwise authorized by the transportation authority.

   2.   Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties.

   3.   Except for the construction of a temporary office for model home sales, a maximum of one structure shall be allowed and may cover a maximum of five hundred (500) square feet.

   4.   No use shall be located on a site in a way that would block a private or public sidewalk.

C.   Parking and Access:

   1.   The use shall not displace the required off-street parking spaces or loading areas of the permitted uses on the site.

   2.   The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

   3.   All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material.

D.   Limitations:

   1.   Except for the construction of an office for model home sales, the use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the provisions of this title.

   2.   Any temporary structures shall be portable and completely removed at the end of the allowed time period.

   3.   Except as otherwise defined in this section, one temporary use is allowed on a property for a specified period not exceeding two (2) weeks in any twelve (12) month period from the date of issuance of a temporary use permit. For seasonal stands or events, the temporary use permit shall specify a beginning and end date.

E.   Site Maintenance:

   1.   The site shall be returned to a clean condition after the termination of the use, including being free of debris and garbage.

   2.   Unsold food products, trees, greens, or debris generated by the use shall be properly disposed of off the site.

F.   Additional Standards for Fireworks Stands:

   1.   Prohibited: The use shall be prohibited in residential districts.

   2.   Shall follow Jerome Municipal Code as outlined in Chapter 8.24.

G.   Additional Standards for Model Home Sales and Construction Office:

   1.   The sales office shall be located on a lot within a subdivision or planned unit development.

   2.   The sales shall be limited to the sale of lots and/or dwellings within the development.

   3.   When required, the applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within thirty (30) days of the sale or rent of the final lot or space.

   4.   Temporary buildings, construction trailers, equipment, and materials may be permitted in any district during the period construction work is in progress. Such temporary facilities or equipment shall be removed within sixty (60) days of completion of the construction work.

H.   Additional Standards for Seasonal Sale of Agricultural and Food Products: Such sales are limited to a period of time not to exceed two (2) consecutive months for pumpkin and Christmas tree sales, and four (4) consecutive months per calendar year for other uses. Christmas tree lots shall be removed by January 1.

I.   Additional Standards for Arts, Entertainment or Recreation Event:

   1.   Events, such as festivals, carnivals, circuses, fairs, and amusement rides may be allowed in any nonresidential district for a period not to exceed two (2) weeks within any ninety (90) day period.

   2.   The Jerome City Police and Fire Department shall approve the location and access for any use in this category.

J.   Additional Standards for Yard Sales:

   1.   No single yard sale shall exceed three (3) consecutive days in any seven (7) consecutive days from its commencement to its end.

   2.   No more than six (6) separate yard sales may be conducted from any residence, residential lot or lot upon which a residence may be constructed within a single calendar year.

   3.   At the conclusion of each sale, all evidence of the sale must be removed from the view of public streets.

   4.   It shall be unlawful to conduct a yard sale in violation of this section. Any such violation shall be an infraction. (Ord. 1225, 2024: Ord. 1070, 2010)

A.   Applicability:

   1.   This article shall apply to all new development and to any change of use of an existing building, structure or parcel of land in the following zoning districts within the City of Jerome:

      a.   C-1 Neighborhood Business District;

      b.   C-2 General Business District;

      c.   C-3 High Density Business District;

      d.   CBD Central Business District;

      e.   M-1 Light Industrial District;

      f.   M-2 Heavy Industrial District; and

      g.   Any commercial, industrial, or multi-family residential use within the Design Overlay District.

   2.   New commercial parking lots with twenty (20) spaces or more shall comply with subsection B8 of this section.

   3.   Additions to commercial development greater than fifty percent (50%) of the existing structure or developed area shall comply with this section.

   4.   Commercial or industrial parking lot replacement with twenty (20) spaces or more, not including sealing, striping or repaving, that is greater than fifty percent (50%) of the parking area shall comply with this section.

B.   Landscape Requirements For Site Design:

   1.   General Requirements:

      a.   All landscape plans shall be prepared by a landscape designer or landscape architect.

      b.   The landscape plan shall be submitted as part of an application for design review, special use permit, variance, occupancy or building permit.

   2.   Uses/Buildings:

      a.   All new developments shall provide landscaping in accordance with the requirements of this section.

      b.   Expansions And Alterations To Existing Buildings: The requirements of this section shall apply to the expansion and alteration of existing buildings when the project increases 50 percent (50%) or more in gross square footage.

      c.   Change Of Use: The requirements of this section shall not be imposed upon a change of use unless the property in question never complied (or no longer complies) with the ordinance requirements in existence at the time of approval or conditions of approval at the time of construction.

      d.   Existing Parking Lots:

         (1)   Twenty-six percent (26%) to fifty percent (50%) expansion or replacement of the parking lot shall be required to replace and repair the existing landscaping to previous approval standards and provide perimeter landscaping.

         (2)   Fifty-one percent (51%) to one hundred percent (100%) expansion or replacement of the parking lot shall comply with all requirements of this section.

   3.   Waivers:

      a.   If the location of existing buildings or other structures prevents conformance with the requirements of subsection B, of this section or its implementation would create non-conformity of parking standards or other special circumstances, the Planning and Zoning Administrator may grant a waiver based on the following findings:

         (1)   That the requirements of subsection B. of this section are not feasible due to existing development or circumstances regarding the property;

         (2)   That granting a waiver will not have a detrimental effect on adjacent properties; and

         (3)   Granting a waiver will not be in conflict with past approvals that required landscape improvements.

      b.   A letter requesting a waiver and reasons therefore, shall be submitted at the time of application. Decisions of the Planning and Zoning Administrator may be appealed to the Planning and Zoning Commission within sixty (60) calendar days from the date of the Administrator's written decision.

   4.   Alternative Compliance:

      a.   Purpose: To provide for alternative means to meet the intended purposes of the landscape requirements when explicit compliance is not feasible or the alternative means are superior to what is required.

      b.   Process:

         (1)   A request for alternative compliance shall be submitted as part of the building permit or zoning application process. The request will be considered by the same approval body as the base application. The request shall specify:

            (A)   The specific requirements that are proposed to be modified;

            (B)   The reasons for the modification; and

            (C)   A demonstration of how the alternative means for compliance meets the requirements' intended purpose.

         (2)   Stormwater Swales: Stormwater swales within front setbacks can be approved as staff level provided that the landscape plans approved by the applicable approval body are not changed substantially and comply with subsection B. of this section. A landscape plan with swale construction details which incorporate the landscape design shall be submitted for staff level review.

      c.   Standards: The proposed alternative means for compliance with specific requirements shall demonstrate the alternative compliance provides an equal or superior means of meeting the intent and purpose of this section.

      d.   Required Findings: In order to grant approval for an application for alternative compliance, the approving department shall determine the following:

         (1)   Strict adherence or application of the requirements is not feasible because one of the following exist:

            (A)   Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;

            (B)   The site involves space limitations or an unusually shaped lot;

            (C)   Safety consideration;

            (D)   Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this section;

            (E)   The proposed design includes innovative design features or other site designs that promote walkability or mixed-use neighborhoods; or

            (F)   Environmental quality benefits;

         (2)   Alternative compliance provides an equal or superior means for meeting the requirements; and

         (3)   Alternative compliance will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties.

   5.   Minimum Design Standards And Requirements:

      a.   Xeriscaping is encouraged.

      b.   Approved Plant Material: Plans should use plants that will thrive in this environment. Guidance regarding certain species that are routinely approved may be obtained from the Planning and Zoning Administrator and/or the City Arborist.

      c.   Minimum Plant Sizes:

 

 

      d.   Trees:

         (1)   Spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. The landscape plan shall show trees at mature size on the drawings and spacing shall be no closer than 80 percent (80%) of the average mature width of the trees.

         (2)   When five (5) or more trees are to be planted to meet the requirements of any portion of this section, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted according to the chart below:

 

 

      e.   Mulch: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited. Pea gravel, drain rock under one and a half inches, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from moving to bordering surfaces. Impermeable plastic weed barriers under the mulch is prohibited. Within stormwater facilities, mulch may not float.

      f.   Curbing: All planting areas that border driveways, parking lots and other vehicle use areas shall be protected by curbing, wheel stops or other protective devices. Such devices shall be a minimum of thirty inches (30") from tree trunks to prevent cars from damaging tree trunks.

      g.   Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees:

         (1)   Overhead Utilities: For trees planted under or within ten (10) lateral feet of any overhead utility wires, the landscape plan designer must certify that the type of tree selected for that location will not grow to a height so as to interfere with the overhead utility wires.

         (2)   Underground Utilities: All trees shall be planted outside of any utility easement, unless written approval is obtained from the applicable agency. All trees shall be planted outside of any easement that contains a city sewer main, unless written approval is obtained from the City Engineer. If any utility easement precludes trees required by this section, the width of the required buffer shall be increased to accommodate the required trees.

         (3)   Trenching: New underground utilities shall be located outside of the dripline of existing trees if trenched, or be tunneled a minimum of three feet (3') below existing grade within the tree's dripline. Trenching within the dripline of existing trees shall be done by hand, with care not to cut or damage roots larger than two inches (2"). The guiding principle is that no root two inches (2") or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the city's or the utility's ability to access existing utilities for repair, replacement and maintenance.

      h.   Berms: Berm slopes shall not exceed 3:1 (horizontal: vertical). Slopes shall not exceed 4:1 on areas which require mowing.

      i.   Water Efficiency: The landscape plan shall provide for water efficient landscaping as follows:

         (1)   Lawn Areas: Where appropriate and on sites where other landscape options can be incorporated, large expanses of mown lawn are discouraged due to its high water consumption. Lawn should not be treated as a fill-in material, but rather as a functional or aesthetic element of the landscape. Mown lawn should not be used in median strips, parking strips, or other difficult areas to irrigate less than six feet (6') in width.

         (2)   Plant Selection And Location: Plants should be placed based on adaptability to regional and micro climatic conditions. The use of native and other low-water-use plants is encouraged. Plants having similar water needs should be grouped together in distinct hydrazones, and spaced to minimize watering needs while maximizing growth and spread of plants.

   6.   Irrigation:

      a.   Required: All landscape areas requiring irrigation shall be served with an automatic underground irrigation system. Areas of landscaping which will not require supplemental watering after initial establishment are not required to have permanent irrigation.

      b.   Irrigation Water: Use of non-potable irrigation water is required when determined to be available and adequate.

   7.   Perimeter Buffers

      a.   Street Buffers:

         (1)   Applicability: Landscape street buffers shall be required in all multi-family residential, commercial and industrial zones. Street buffers shall not be required in the Central Business District Zone in circumstances where a landscape buffer would prevent the placement of a proposed building at the allowed zero foot (0') front or street side setbacks.

         (2)   Size And Location: Landscape buffer widths along streets shall be based on the required setbacks of the underlying zone. All required buffers shall be maintained by the property owner.

         (3)   Street Trees: All required landscape street buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover, with a minimum density of one (1) tree per forty lineal feet (40'). If this calculation results in a fraction of one-half (.5) or greater, round up to an additional tree. Clustering is allowed, however, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees.

         (4)   Conifers Along Streets: Coniferous trees are allowed along streets only within planting areas 20 feet (20') or greater in width.

         (5)   Tree Wells: Tree wells shall be a minimum of nine (9) square feet in size in the sidewalk area. Root barriers are encouraged.

      b.   Side And Rear Perimeter Buffers:

         (1)   Applicability: Side and rear landscape buffers shall be required for all multi-family residential, commercial and industrial developments.

         (2)   Size And Location: Landscape buffer widths shall be based on the required setbacks of the underlying zone. All required side and rear buffers shall be located within the property and shall be maintained by the property owner.

         (3)   Parking Lot/Vehicular Use Area Buffers: If an interior side or rear lot line is adjacent to a parking lot or other vehicular use area, such as, but not limited to, vehicle sales areas, truck and bus parking areas and driveways, the following standards shall apply:

            (A)   Landscaping: The perimeter landscape strip shall be planted with one (1) tree per 40 lineal feet (40'). If this calculation results in a fraction of one-half (.5) or greater, round up to an additional tree. Clustering is allowed, however, trees shall be spaced no closer than 80 percent (80%) of the average mature width of the trees.

            (B)   Exceptions: Where two (2) properties have a shared access and parking agreement that has been approved by the city, the above requirements may be waived.

      c.   Buffers Between Different Land Uses:

         (1)   Applicability: Land use buffers shall be required along contiguous property lines between residential uses and dissimilar uses such as industrial and commercial. The buffers are required along the entire contiguous property line. This section shall not apply to mixed use projects on contiguous properties.

         (2)   Size: The minimum buffer width between land uses is based on the required setbacks of the underlying zone.

         (3)   Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows:

            (A)   Mix Of Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. A minimum of six foot (6') fences, walls and berms may also be incorporated into the buffer area.

            (B)   Buffer Walls: Where existing or proposed adjacent land uses cannot be adequately buffered with plant materials, the city may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence six feet (6') tall is provided, the planting requirement may be reduced to at least one (1) tree per forty lineal feet (40'), plus shrubs, lawn, or other vegetative groundcover, in lieu of the requirements of this section. Clustering is allowed, however, trees shall be spaced no closer than 80 percent (80%) of the average mature width of the trees.

            (C)   Chain-link Fencing: Chain-link fencing does not qualify as a screening material; therefore the buffer must still be landscaped, even if a chain link fence is provided.

            (D)   Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access between commercial and residential districts.

   8.   Interior Parking Lot:

      a.   Applicability: Interior parking lot landscaping shall be required in any parking lot with twenty (20) spaces or more, including vehicle sales lots.

      b.   Planter Size: Landscape planters shall be a minimum of eight feet (8') in width for trees. Required parking lot planters shall be the length of the adjacent parking space. Dimensions are measured inside curbs.

      c.   Parking Lot Layout: No linear grouping of parking spaces shall exceed twenty (20) in a row, without an internal planter island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the ends of rows of parking to protect parked vehicles and confine moving traffic to aisles and driveways. Interior landscape planters shall be spaced as evenly as feasible to reduce the visual impact of long rows of parked cars.

      d.   Trees Required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs or other vegetative groundcover. Deciduous shade trees must be pruned to a minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees are prohibited in interior planters.

      e.   Industrial Exclusion: Industrial parking, storage, and loading areas are specifically excluded from the interior landscape requirements, but shall meet all perimeter and right-of-way landscape and screening requirements.

      f.   Snow removal and storage shall be accommodated when developing a landscape plan to minimize damage to plants and to compliment the stormwater management design.

C.   Landscape Approval: Before issuance of the final certificate of occupancy, the Building Official along with the Administrator or their respective designees, shall certify the landscape is what was approved.

D.   Extension Of Time For Installation:

   1.   Upon recommendation of the Administrator, a temporary certificate of occupancy may be issued for a specified time period, not to exceed one hundred eighty (180) days when:

      a.   Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and

      b.   The applicant has provided a surety to the city for the required improvements.

E.   Landscape Maintenance:

   1.   Applicability: The requirement for landscape maintenance applies in all zones where landscaping has been required.

   2.   Standards:

      a.   The property owner, occupant, user or person in charge or control of any property shall be responsible for the maintenance of all landscaping and screening devices required by this section.

      b.   Topping any street tree required by this section is prohibited. For trees not within street right-of-way, alternative pruning techniques to achieve specific horticultural or aesthetic effects may be used if approved by the City Arborist. Examples include pleached allee, pleached bosque, espalier, and pollarded canopy.

      c.   Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any tree planted in tree wells within sidewalks or other public right-of-way.

      d.   Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced within thirty (30) calendar days of notification from the city.

      e.   All landscaping required by this subsection may be subject to periodic inspections by city officials to determine compliance or to investigate.

      f.   Violations of this section shall be subject to Chapter 8.08 Nuisance of the City of Jerome Municipal Code. (Ord. 1191, 2020)