A.   Visibility At Intersections: It shall be the responsibility of the property owner to remove from his property any hedge, shrubbery, fence, wall, or other sight obstructions, except public traffic or highway signs, where these sight obstructions compromise intersection visibility. Intersection visibility shall not be impeded more than three feet (3'), or less than ten feet (10') in height within the vision triangle. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of the curb or pavement forty feet (40') along each road, street, or alley and connecting the two (2) points with a straight line. The sight distance obstruction restriction is also applicable to railroad-crossings with vision triangle defined by measuring forty feet (40') along the railroad property line when intersecting with a highway.

   B.   Temporary Buildings: Temporary buildings, trailers, equipment and materials used in conjunction with construction work, may be permitted in any district during the construction period upon showing that their use and placement will not harm the area in which they are located. Temporary facilities shall be removed upon completion of the construction or issuance of the certificate of occupancy.

   C.   Screening And Landscaping: Screening devices and landscaping shall not impair the visibility of drivers entering or exiting a commercial, industrial, or multi-family site.

   D.   Dangerous And Objectionable Conditions: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions, which may adversely affect the surrounding area or adjoining premises. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures listed in applicable codes and regulations.

   E.   Glare/Exterior Lighting: No interior or exterior lighting shall create direct or reflected glare which will adversely affect any surrounding property nor shall such lighting adversely affect use of public streets or rights-of-way.

   F.   Street Right-Of-Way Dedication And Frontage Improvements: Dedication of necessary additional street rights-of-way, easements, and construction of frontage improvements (sidewalks, curbing, pavement, lighting, etc.) is required at the time of establishment of other than a temporary use, any construction on a lot to establish a new land use or expansion of an existing use by thirty three percent (33%) or more in floor area. Frontage improvements (sidewalks, curbing, pavement, lighting, etc.) shall be to centerline of existing fully developed roadways, or to centerline, plus ten feet (10') for undeveloped roadways, including transitions on each end of the developing property, as determined by the City Engineer. Right-of-way dedication shall conform to the transportation element of the comprehensive plan, the transportation master plan, or as otherwise required by the City Engineer pursuant to site plan review or other ordinance specified procedures.

   G.   Utility Line Placement: All wire or cable utility service lines shall be placed underground. The Administrator may waive this requirement if the use is temporary in nature or if there are practical physical difficulties.

   H.   Surfacing:

      1.   Residential: All required residential access drives and parking areas shall be surfaced with a minimum of four inches (4") of concrete or asphalt paving. Driveways to individual residences shall be a maximum of eight percent (8%) slope and measure a minimum of fourteen feet (14') in width and twenty feet (20') in depth; this shall include a standard drive approach.

      2.   Commercial/Industrial: All required commercial/industrial access drives, maneuvering areas and parking areas, outdoor merchandise display areas and motorized vehicle display lots shall be surfaced with a minimum of six inches (6") of concrete or asphalt paving. Surfacing material shall be designed for the loading anticipated. Outdoor non-vehicular storage areas in the commercial and industrial zones may be surfaced with gravel and shall be enclosed within a sight obscuring fence. Outdoor merchandise display areas may be provided without paving and/or a sight obscuring fence as determined by the Administrator.

   I.   Water Supply And Sewage Disposal: The method of water supply and sewage disposal for all land uses must comply with Municipal and other applicable codes. Developers shall extend utility systems to the boundaries of the land developed in order to maintain system continuity.

   J.   Dust Control: During all on site grading and construction activities, adequate measures shall be implemented to control dust in accordance with the Institutional Controls Program (ICP) administered by Panhandle Health District. Methods for dust control may be required to be approved at site plan review. The Administrator may issue a stop work order on any project that demonstrates persistent inability to control dust until an acceptable dust control program is implemented.

   K.   Fences And Walls (Excluding Retaining Walls): All walls and fences shall not exceed four feet (4') in height within the required front yard setback and nor shall they exceed six feet (6') in height in the rear and side yard setback areas, unless otherwise permitted. For corner lots, fences measuring six feet (6') in height along the "street side yard" can be permitted so long as such fence height does not extend into the front yard setback where the primary entrance of the residence is oriented. Corner lots which abut the side yard of an adjoining lot may not block visibility of a driveway on the adjoining lot above three feet (3'). The height and location of new fences or walls that affect visibility from existing abutting driveways shall be restricted, to provide for vision clearance. Where new driveways are proposed adjacent to existing fences that exceed three feet (3') in height, the driveway approach shall be located no closer than fifteen feet (15') to the fence.

   L.   Unsightly Conditions: The exterior of all structures and yards shall be maintained in such manner that there is no detrimental effect on the property of others. There shall be no keeping or depositing on, or scattering over, the property of any of the following:

      1.   Garbage, trash, or debris.

      2.   Abandoned, discarded, or unused objects or equipment, such as automobiles, furniture, stoves, refrigerators, freezers, cans, containers and parts thereof, or similar items.

      3.   Stagnant water or excavations.

      4.   Any device, decoration, design, structure, or vegetation which offends the visual sensibilities of a reasonable person by reason of its conditions.

   M.   Building Materials And Equipment: No building materials, machinery or other materials or equipment used in or for a business shall be stored outdoors on any lot in any residential district, except during construction on the lot.

   N.   Compliance: The operation of any use established after the effective date of these regulations shall comply with the performance standards herein for the zone in which the activity is located. No land use already established on the effective date of these regulations shall be so altered or modified as to conflict with these performance standards.

   O.   Addresses: Addresses for new buildings and structures will be assigned by the Administrator at the time a building permit is issued. Addresses shall be displayed on the building or property and shall be visible from the public right-of-way.

   P.   Topography; Drainage Ways: All development/building shall conform to the existing topography to the greatest extent possible. Natural and pre-existing drainage ways shall be preserved to the greatest extent possible.

   Q.   Recreational Vehicle (RV) as Permanent Dwelling: Except for within established RV or mobile home parks. the permanent habitation of park model homes, RVs, and other vehicles, as defined by Title 39, Chapter 42 of ldaho Code, shall be prohibited. Nothing within these regulations shall be construed to allow for the use of a recreational vehicle as a permanent dwelling.

(Ord. 595, 6-13-2018; amd. Ord. 631, 10-9-2024)

   A.   Single-Family And Duplex Residential: Single-family and duplex residential development shall conform to the following standards:

      1.   Accessory Structures: Accessory structures in any zone shall be set back behind the front of the residence. On a corner lot the accessory structure may be placed in front of the residence on the "street side yard".

      2.   Accessory Dwelling Units: Accessory dwelling units may be permitted as secondary dwellings to single-family homes subject to the following restrictions:

         a.   Only one accessory dwelling unit per lot.

         b.   One of the residences shall be owner occupied.

         c.   One additional off street parking space must be provided.

         d.   Building materials will be consistent with the primary residence.

         e.   The accessory dwelling unit will not have a separate drive approach.

         f.   The accessory dwelling unit shall be no larger than forty percent (40%) of the living area of the primary residence, or no more than one thousand (1,000) square feet, whichever is lesser.

         g.   An accessory dwelling unit shall have electricity, kitchen facilities, and sanitary facilities. An accessory dwelling unit shall require a separate sewer connection.

         h.   The applicant shall include a detailed site plan, drawn to scale, including the proposed accessory living unit, setback lines, ingress/egress routes.

         i.   An existing accessory building that is proposed to be converted to an accessory living unit shall meet the requirements of the Building Department and all other applicable codes.

   B.   Multi-Family Performance Standards: Multi-family development (3 units or greater on a single lot) shall utilize the site plan review process of this title, and shall conform to the following standards:

      1.   Solid Waste Screening: All solid waste storage areas shall be enclosed on at least three (3) sides by a sight obscuring wall or fence six feet (6') in height or shall be stored within an enclosed building or structure. Adequate access shall be provided for collection.

      2.   Parking Lot Lighting: Lighting shall be provided for all parking lots for multi-family sites. Lighting shall be installed in a manner that prevents glare on adjoining lands.

      3.   Outside Storage And Screening: Outside storage areas must be screened from public view by sight obscuring fences, walls, berms, or a combination of these, as approved by the Administrator. The Administrator may approve alternative methods of reducing the visual impact in lieu of screening, or waive the requirements if visual impact is not an issue.

   C.   Manufactured Homes: Manufactured homes on individual lots zoned for single-family residential uses as provided in this subsection C shall be in addition to manufactured home subdivision. The City of Kellogg hereby adopts the following placement standards for the approval of manufactured homes located outside manufactured home parks:

      1.   The manufactured home shall be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve inches (12") above grade;

      3.   The manufactured home shall have a pitched roof with a minimum slope of three feet (3') in height for each twelve feet (12') in width with appropriate snow load;

      4.   The 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 on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator;

      5.   A manufactured home shall comply with all setback, density, and dimensional requirements for a particular zone as specified in section 11-6-2, "Bulk And Placement Table Delineation", of this title;

      6.   The tongue, axles, transporting lights, and removable towing apparatus shall be removed prior to occupancy;

      7.   An installation permit shall be obtained from the Building Department to ensure the mobile home meets the requirements as set forth in Idaho Code, title 44, chapter 22, Manufactured Home Installation Standards. (Ord. 595, 6-13-2018)

The following standards apply to commercial and industrial districts. Development in the commercial and industrial districts requires site plan review in accordance with section 11-9-5, "Site Plan Review Process", of this title.

   A.   Solid Waste Screening: All solid waste storage areas shall be enclosed on at least three (3) sides by a sight obscuring wall or fence six feet (6') in height or shall be stored within an enclosed building or structure. Adequate access shall be provided for collection.

   B.   Outside Storage And Screening: Outside storage areas, service and loading areas must be screened from public view by sight obscuring fences, walls, berms, structures, or a combination of these, as approved by the Administrator. Screening by vegetative plantings in combination with street screens may also be acceptable, as approved by the Administrator. The Administrator may approve alternative methods of reducing the visual impact in lieu of screening, or waive the requirements if visual impact is not an issue.

   C.   The City of Kellogg shall have the authority to require fences, walls, screening, landscaping, or a combination of methods to buffer effects of land uses from adjacent residential uses or zones. (Ord. 595, 6-13-2018)

The following standards apply throughout the City of Kellogg:

   A.   Water: Kellogg water is provided by Central Shoshone County Water District, 409 Main, Kellogg, Idaho 83837 (water district). Land uses requiring water service are required to be connected to the water district. The manner of connection and fees required are determined by the water district.

   B.   Waste Water: Kellogg waste water treatment is provided by South Fork Coeur d'Alene River Sewer District, 1020 Polaris Avenue, Osburn, Idaho 83849. Land uses requiring waste water treatment are required to be connected to the sewer district. The manner of connection and fees required are determined by the sewer district.

   C.   Connection To Waste Water Collection System: The City of Kellogg owns and maintains the waste water collection system. The fee for connection to the system is determined by the City of Kellogg. The manner of connection is determined by Kellogg Public Works.

   D.   Plans And Specifications Required: Prior to issuance of any permits by the City, or commencement of any construction of any waste water or water supply system, detailed plans and specifications, if required, shall be reviewed and approved by the appropriate agency or district.

   E.   Lighting: Public streets and sidewalks, public common areas, and public facilities shall be illuminated to enhance security of property and safety of persons using such areas. Parking lots and other common areas on private property are required to be illuminated for safety.

   F.   Unnecessary Illumination: Lighting upon or within any lot that unnecessarily illuminates any other lot and interferes with the use or enjoyment of such other lot is prohibited.

   G.   Underground Utilities: All electric power lines, telephone, gas distribution, and cable television lines, not including equipment appurtenant to underground services, installed after the effective date of this title, shall be placed underground in accordance with the specifications and policies of the respective utility service providers and located in accordance with standards adopted by the City of Kellogg.

   H.   Notification Of Utility Location: Whenever a developer installs or causes to be installed any utility line in any public right-of-way, the developer shall, as soon as practicable after installation is complete, furnish the City with a copy of a drawing that shows the exact location of such utility lines. Such drawings must be verified as accurate by the utility service provider. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development. (Ord. 595, 6-13-2018)

   A.   Stores Selling Sexual Material: The location of stores selling sexual material are controlled by Idaho Code 67-6533 or as subsequently amended.

   B.   Campground/RV Park: Campground uses are permitted in the designated zones upon the granting of a conditional (special) use permit pursuant to the provisions of section 11-9-1, "Conditional (Special) Use Permits", of this title and the following minimum requirements:

      1.   Interior access roads shall connect to a street maintained by the City of Kellogg. Interior access roads will be constructed to standards established by the Planning Commission upon approval of a conditional (special) use permit and will be privately maintained.

      2.   Campsites shall be located on well drained areas and shall be properly graded to prevent accumulation of stormwater. Control of surface water runoff shall be provided by a drainage system acceptable to the City Engineer.

      3.   Exposed ground surfaces (other than interior roads and defined campsites) shall be protected with a cover or vegetative growth that is capable of providing dust abatement and preventing soil erosion.

      4.   Adequate water supply, safe for drinking shall be provided in accordance with State and local health authorities, with a minimum of one accessible water supply outlet within three hundred feet (300') of each campsite.

      5.   Sewage disposal facilities shall be provided acceptable to State and local health authorities. Such toilet areas shall be located not less than fifty feet (50') nor more than three hundred feet (300') from a campsite. There shall be a minimum of one toilet for every ten (10) campsites. This requirement may be modified by the Planning Commission where sewer hookups are provided to individual campsites.

      6.   All solid waste shall be collected and stored in compliance with the City of Kellogg solid waste regulations. Refuse containers (minimum 32 gallon capacity with lids) shall be provided and maintained for every four (4) campsites. Other types of solid waste facilities may be approved by the Planning Commission as part of a conditional use permit.

      7.   All areas in campgrounds shall be kept free of litter, rubbish and other flammable materials. At least one (1) 5-pound chemical portable fire extinguisher shall be installed and maintained in the campground office.

      8.   All areas in the campground shall be maintained in a clean, orderly and sanitary condition at all times. Campground rules in accordance with these regulations shall be posted.

      9.   Dump sites (stations) shall be provided in all campgrounds having more than twenty five (25) camp or RV sites.

   C.   Fences/Walls: Fences and walls are permitted in all zoning designations, subject to the following minimum requirements:

      1.   No fence shall be constructed within the City without the issuance of a permit by the Building Department.

      2.   Fences and walls exceeding six feet (6') in height shall require an administrative permit pursuant to the provisions of chapter 9 of this title.

      3.   Except for those directly associated with public game areas (i.e., tennis courts, ball fields), fences, and walls in residential districts shall not exceed six feet (6') in height.

      4.   No fence, wall or hedge over four feet (4') shall be permitted in any residential required front yard subject to maintaining the visibility triangle at intersections.

      5.   No fences or walls shall be electrified.

      6.   Barbed wire shall not be used on a fence or wall except along the top of an approved security fence in an industrial district. The applicant shall show that the use of barbed wire will not constitute a hazard to public safety and shall demonstrate the need for the use of such wire.

   D.   Manufactured Housing Community Standards: Manufactured housing communities are permitted in the designated zones upon the granting of a conditional use permit and the following minimum requirements:

      1.   Site Density: Each mobile home in a manufactured housing community shall occupy a site not less than three thousand five hundred (3,500) square feet in area for the exclusive use of its residents, with a maximum density of eleven (11) mobile home units per acre.

      2.   Manufactured Housing Community Setbacks:

         a.   All mobile home units and structures accessory to the manufactured housing community shall be located a minimum distance of twenty five feet (25') from any park property line abutting upon a public street or highway and at least fifteen feet (15') from other park boundary lines. Structures accessory to individual mobile homes shall be located a minimum distance of seven and one-half feet (7 1/2') from any exterior park property line.

         b.   All mobile home units shall be located a minimum of fifteen feet (15') from any other mobile home or permanent structure within the manufactured housing community. There shall be a minimum of ten feet (10') between a mobile home and any detached accessory structure thereto. Structures attached to the mobile home such as carports, decks, and covered patios shall be considered as part of the mobile home.

         c.   No access drive for an individual mobile home shall be located closer than seventy five feet (75') from any public street intersection.

      3.   Interior Park Drives:

         a.   Each mobile home space within a manufactured housing community shall have direct access to an interior park drive and shall not have individual access to a public rights-of-way.

         b.   Interior park drives shall be a minimum of twenty feet (20') in width and surfaced with asphalt paving or concrete.

         c.   The number and location of all ingress and egress points for access to the manufactured housing community shall be approved by the City Engineer.

         d.   Interior drives and walkways designed for the use of the manufactured housing community residents shall be adequately lighted for the safe movement of pedestrians and vehicles during hours of darkness.

      4.   Drainage Facilities And Utility Services:

         a.   Control of surface water runoff shall be provided by a drainage system acceptable to the City Engineer.

         b.   All utility distribution services (including electric, communication, and cable lines) shall be placed underground. The Planning Commission may waive such requirements if topography, soil, or any other conditions, in accordance with the utility providers' policies, make underground installation of said services unreasonable or impractical.

         c.   Manufactured housing communities shall be connected to sanitary sewer or other facility approved by the City of Kellogg and the Panhandle Health District. All mobile home spaces shall be provided a connection to the sanitary facility serving the manufactured housing community.

         d.   All spaces shall be provided a connection to a water system approved by the water district serving the development and Idaho Department of Environmental Quality.

         e.   All solid waste shall be stored and collected in compliance with the City of Kellogg mandatory pick up ordinance. All refuse shall be stored in fly tight, watertight, rodent proof containers or drop boxes which shall be provided in sufficient number and capacity to properly store all refuse awaiting collection. Common solid waste facilities shall be screened from the direct view of any mobile home stand or space.

      5.   Fire Equipment: The manufactured housing community development shall be subject to the rules and regulations of Shoshone County Fire District 2 for the placement and maintenance of fire extinguishers, fire hydrants, or other safety standards.

      6.   Parking: Each mobile home space shall be provided with two (2) off street parking spaces. Storage of items such as boats, trailers, and campers shall not be stored at the site of the mobile home unit. Storage areas may be provided in separate screened areas within or adjacent to the manufactured housing community. Such storage shall not be included as a part of the required off street parking.

      7.   Landscaping And Screening: Manufactured housing communities shall be landscaped and landscaping will be irrigated. Landscape plans will be reviewed and approved as part of the conditional use permit.

         a.   Perimeter screening shall be provided at park boundaries by a sight obscuring fence, landscaping or a combination thereof.

         b.   Lawns, trees, shrubs, plants, or other suitable ground cover shall be provided for all open spaces other than access drives and parking and circulation areas. Sixty five percent (65%) of the ground cover shall be trees, shrubs, plants, or other vegetative cover.

   E.   Motor Vehicle Salvage Facility: Motor vehicle salvage facilities are permitted in the designated zones upon the granting of a conditional (special) use permit. The following are minimum standards:

      1.   An opaque landscape screen and fencing shall be required at all property boundaries abutting public rights-of-way or residential or commercial zoning districts. A sight obscuring fence, a minimum of six feet (6') in height, shall be required at all other property boundaries.

      2.   All screening and fencing shall be maintained by the facility operator to provide the shielding intended at all times and shall be replaced when necessary. Fencing shall be kept free of unauthorized signs and markings.

      3.   No part of any public right-of-way shall be used in any manner for the operation, storage, or use in any way of the motor vehicle salvage facility. No operation, storage, or use shall be conducted beyond the required peripheral fencing and screening.

      4.   No vehicle storage, or use of a motor vehicle wrecking facility may be conducted within one hundred feet (100') of any stream or river.

      5.   All unsalvageable nonmetallic parts, tires, seals, etc., shall be disposed of in accordance with the requirements of the Kellogg Fire Protection District and/or the appropriate health authority.

      6.   The harborage of vectors and rodents shall be controlled at all times so as not to create a public health hazard.

      7.   A surface water drainage system, approved by the City Engineer, shall be provided to prevent contamination of adjacent properties or a public stormwater system.

   F.   Temporary Residence/Office Standards: Temporary residence/office uses, necessary as the result of fire, accident, or natural disaster may be permitted as an administrative permit. The following are minimum requirements:

      1.   Temporary residences/offices used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

      2.   Permits for temporary residences, to be occupied pending the construction, repair, or renovation of the permanent residential building on a site, shall expire within six (6) months after the date of issuance. The Administrator may renew such permit for one additional period not to exceed six (6) months for good cause. Upon completion of the project or expiration of the permit, the temporary residence shall be immediately removed.

   G.   Off-Street Parking Standards: The required off street parking, loading spaces and display lots shall be developed and maintained according to the applicable provisions of this Code. The Administrator is empowered to determine the regulations and standards to be required in each particular circumstance, considering the long-term needs of the facility constructed. Land uses in existence prior to the effective date of this title may be continued as a nonconforming use subject to other provisions of this title concerning provision of off-street parking. The following standards apply:

      1.   Change Of Use Or Increase Of Space: Except for alterations or additions to individual dwelling units, parking spaces meeting the requirements of this chapter shall be provided whenever the use of a facility is changed to a higher parking category or if the facility floor area is increased by more than ten percent (10%) in any five (5) years. Existing parking and loading spaces shall not be altered or reduced below the requirements and standards specified for the use in this chapter. Whenever an individual lot or parcel has a facility with more than one use or activity requiring different spaces for parking and loading, the sum of the required spaces for each use or activity shall be used in determining the overall requirements.

      2.   Street Parking Excluded: No portion of any public right-of-way shall be used in satisfying the minimum parking requirements established by this title.

      3.   Front-To-Back (Tandem) Parking Prohibited: Except for detached single-family dwelling units, the design and development of front-to-back parking and loading spaces shall not be allowed in meeting the minimum space requirements of this chapter. A required space shall not be blocked by another space such that a vehicle would be required to enter and leave a space by having to cross another required space.

      4.   Maintenance Of Parking And Loading Areas: All paved areas intended for use by the public and required by this chapter shall be maintained on a regular basis. Regular maintenance shall include, but not be limited to, pavement repair and seal coating; pavement marking and striping; removal of dust, leaves and litter; removal of snow and ice; maintaining landscaped areas; and maintaining signs, fences, wheel stops, curbs, walks, drainage facilities and any other appurtenances pertinent to the requirements of this chapter and the zoning ordinance.

      5.   Off-Site Or Shared Parking: Whenever any required parking or loading areas are located on a site which is not within the property limits of the facility being served, the permit applicant shall provide an agreement authorizing use of any off-site parking for the approval by the Administrator. The primary considerations for such approval shall be the functionality of the parking spaces, the safety of citizens, and the effect on neighboring land uses. Any change in use or increase in use during the term of the agreement shall require re-evaluation of the conditions and factors upon which the agreement was based.

      6.   Ordinance Procedure - Required Spaces Determined By Administrator: Where this title requires the Administrator to prescribe the number of parking and loading spaces, the Administrator shall base his/her determination on the following:

         a.   Traffic generation, giving particular attention to potential number or timing of parking needs.

         b.   Location and peak hours of operation.

         c.   Extent and frequency of loading operations.

         d.   The number of employees during peak times.

         e.   Any other factors that would affect parking and loading requirements.

      7.   ADA Accessible Parking Spaces: Where off street parking spaces are required by this title there shall also be required parking spaces for persons with disabilities as provided in the Americans With Disabilities Act (ADA). The spaces for persons with disabilities shall be located as near as practical to a primary accessible entrance.

      8.   Parking Space Sizes: Off street parking spaces shall meet the minimum dimensions for the following types of spaces and conditions:

         a.   Standard ninety degree (90°) parking spaces shall be 9 feet by 18 feet.

         b.   Parallel parking spaces shall be 8 feet wide by 23 feet long.

      9.   Proximity To Use: The distance between parking areas and the use being served shall not exceed the following:

         a.   Residential uses: On site.

         b.   Civic, commercial, and service uses: Within two hundred feet (200') of the entrance to the facility being served.

         c.   Wholesale and industrial uses: Within three hundred feet (300') of the entrance to the facility being served.

         d.   Parking areas must be located within zoning districts that permit such use.

      10.   Aisles And Driveways For Maneuvering: All required off street parking spaces and loading areas shall be designed with adequate space to accommodate the turning movements of the vehicles entering and leaving the facility. Space shall be provided such that all vehicles shall enter and leave the public right-of-way in a forward direction. This requirement shall not apply to residential parking areas that serve two (2) or fewer dwelling units. The location and design of approaches to parking lots shall be approved by the City Engineer.

      11.   Parking Area Grades/Drainage: All off-street parking shall be paved such that no surface shall exceed five percent (5%) and no longitudinal drainage gradient shall be flatter than one- half percent (0.5%). Approach grades shall be safe and convenient. Parking spaces for persons with disabilities shall be as level as possible but in no case shall the parking space, adjacent aisle, driveway or designated pathways exceed a gradient of two percent (2%) in any direction. All parking and loading areas shall provide for proper drainage of surface water to approved drainage areas or structures. Surface drainage shall be retained on site to the extent that site run-off shall not exceed run-off from the site in its undeveloped condition.

      12.   Paving Of Parking And Loading Areas: All driveways, parking, loading, and maneuvering areas required of this chapter shall be paved with asphalt, concrete, or approved paving blocks or bricks. Single-family and duplex family uses shall be served by a paved driveway and parking spaces as required.

      13.   Paving Of Display Lots: Display lots for vehicles shall be paved as shall approaches, driveways, maneuvering areas and parking spaces. The actual area used for the display of the homes, nursery stock or heavy equipment may be surfaced with compacted crushed aggregate, provided that the unpaved area is maintained in a neat, dustless and weedless condition.

      14.   Lighting: The illumination of off-street parking and loading areas and display lots shall be designed such that lighting is directed away from the street and adjacent properties and toward the interior of the property focusing on the ground to be illuminated.

      15.   Widths Of Driveways, Parking Aisles, And Turning Radii: The City's parking requirements shall be considered to be minimum standards. All off street parking areas shall be reviewed by the local fire district that may request wider driveways and parking aisles and larger vehicular turning radii as prescribed by the applicable Fire Code.

      16.   Irrigation: All landscaped areas including buffer strips and drainage infiltration facilities shall be provided with an automated irrigation system.

      17.   Dimensional Requirements: With the exception of residential parking areas that serve two (2) or fewer dwelling units all other off street parking areas shall be laid out and designed to satisfy the following requirements:

         a.   Traffic Lane Widths: The minimum driveway and approach widths shall be determined from the operating speed and the classification of the street providing access, the volume of traffic being generated, the potential for truck use, and fire protection requirements. Parking aisle widths shall vary with the angle of vehicular turning required to access the required space on one-way aisles, but shall be a minimum of twenty four feet (24') wide on two-way aisle. A forty foot (40') wide approach may also be allowed where heavy truck use prevails.

         b.   Exit Vehicle Space: There shall be at least twenty four feet (24') separating a parking aisle from the edge of the adjacent street to provide space for one exiting vehicle.

         c.   Striping: Each parking space shall be delineated with clearly marked pavement striping. Other pavement markings for spaces for persons with disabilities, pathways, crosswalks, stop bars, delineations, turning arrows, bicycles, etc., may be required.

      18.   Required Off Street Parking Spaces: The following parking standards shall apply to all uses constructed or established pursuant to this title, unless otherwise permitted by the Administrator in writing for good cause:

 

   H.   Landscape Standards: The purpose of these provisions is to provide standards for landscaping, buffering, and screening, shading of parking areas, and providing street trees.

      1.   Authority: The City shall have the authority to require fences, walls, screening, or landscaping to buffer adverse external effects from or to adjacent property or to otherwise protect the public health and safety.

      2.   Deviation From Landscape Standards: The City recognizes that because of the wide variety of development and the relationships between them, it is reasonable to permit flexibility in the application of landscape requirements. Therefore, the Administrator may permit deviation from landscape requirements depending on the characteristics of the neighborhood and/or existing site conditions. Whenever the Administrator permits or requires a deviation from these requirements, it shall be in writing stating the reasons for permitting or requiring the deviation. Decisions by the Administrator may be appealed according to procedures found in section 11-7-7, "Appeals", of this title.

      3.   Fencing: Nothing in these regulations shall be construed to set aside or reduce any requirements for fencing as established by Federal, State, County, or City laws for security, or other purposes.

      4.   Landscaping: All required yards abutting a street shall be landscaped, except for those areas occupied by parking.

         a.   Landscaping shall include the planting, irrigation, and maintenance of some combination of trees, ground cover, shrubs, vines, flowers, or lawns. In addition, the combination or design may include natural features such as rock and structural features including, but not limited to, fountains, reflecting pools, artwork, screens, walls, and fences.

         b.   When undeveloped land is subdivided and undeveloped lots are sold, the subdivider shall not be required to install the required landscaping. Landscaping and screening shall be required when individual lots are developed.

         c.   For subdivisions providing common areas, planned unit developments, or combination of subdivision and PUD, landscaping and installation of such landscaping will be determined during the approval process and detailed in the development agreement.

      5.   Commercial And Industrial Screening: Land used for open off street parking, loading and/or storage, automotive sales, or other commercial and industrial activities conducted outside an enclosed structure shall provide fencing, a berm, landscaping or a combination thereof adjacent to public rights-of-way to reduce the visual impact to the public.

      6.   Timing Of Landscaping: All required landscaping shall be completed prior to use or occupancy of new buildings or structures weather conditions permitting. An extension of time to complete landscaping may be granted by the Administrator due to weather or other unforeseen circumstances. An extension of time shall be in writing and state the reasons for the extension, a date for completion, and signed by both the Administrator and the developer. The developer shall provide surety (125 percent of the cost estimate for the landscaping) in the form of cash, bond, or irrevocable letter of credit prior to receiving an extension.

      7.   Maintenance: All required landscaping shall be maintained in good growing condition and, whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, shading, and screening requirements.

      8.   Retention Of Trees: Every development shall retain healthy existing trees eighteen inches (18") in diameter or more to the greatest extent possible unless the retention of such trees would be an unreasonable burden to the development. (Ord. 595, 6-13-2018)