A.   Districts: To further the purposes stated in this title and the Comprehensive Plan of the City of Kimberly, the following names shall apply to zoning districts created by this title:

 

   B.   Districts Defined: Zoning districts are restricted to use regulations particular to each district. Permitted and special uses are established for those uses that are allowed within the district. Permitted uses are set out for each district.

   PERMITTED USE: The requirements for permitted use of lands within the City's jurisdiction, for building placement and site plan arrangement, and for related items concerning land use and development.

   SPECIAL USE: A special use granted by the Zoning Board for a permanent use that is not in conflict with the Comprehensive Plan and that is not permitted outright because it may conflict with other uses in the district unless special provisions are taken. (Ord. 645, 2017: Ord. 542, 2007)

The purpose of this district is to promote and preserve residential development and to provide a low density residential environment of single household dwellings in an area with ample space for personal privacy, private open space free from encroachment by commercial and industrial activities. Only such use as may not interfere unreasonably with the enjoyment of normal home activities shall be permitted.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Residential:

Accessory buildings, personal swimming pools and other accessory uses.

Single household dwellings.

   B.   Special Uses:

Cemetery.

Home occupations.

Religious facilities.

Schools.

   C.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 542, 2007)

The purpose of this district is to promote and preserve residential development and to provide a limited density residential environment of single household dwellings in an area with ample space for personal privacy, private open space free from encroachment by commercial and industrial activities. Only such use as may not interfere unreasonably with the enjoyment of normal home activities shall be permitted.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Residential:

Accessory buildings, personal swimming pools and other accessory uses.

Public park.

Single household dwellings.

   B.   Special Uses:

General:

Cemetery.

Home occupations.

Religious facilities.

Schools.

Temporary commercial mobile unit.

   C.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 655, 2018)

The purpose of this district is to promote and preserve residential development and to provide a medium density residential environment with a mix of both single and multiple household dwellings in an area to allow the present and future residents to live and play in an area with space for personal privacy, minimum vehicular traffic and free from encroachment by commercial and industrial activities. Only such use as may not interfere unreasonably with the enjoyment of normal home activities shall be permitted.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Residential:

Accessory buildings, personal swimming pools and other accessory uses.

Public park.

Religious facilities.

Rooming-boarding house.

Single household dwellings.

Two-family dwelling, multi-family dwellings constructed onsite. Manufactured homes constructed off site approved by HUD, are not legal for use as a two family/duplex dwelling.

   B.   Special Uses:

General:

Cemetery.

Fraternity-sorority house-dormitory.

Home occupations.

Schools.

Temporary commercial mobile unit.

   C.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 655, 2018)

The purpose of this district is to promote and preserve residential development and to provide housing alternatives of manufactured mobile homes in a specific tract of land divided into rental spaces under common ownership or management providing a residential environment with single household dwellings in an area to allow the present and future residents to live and play in an area with space for personal privacy, minimum vehicular traffic and free from encroachment by commercial and industrial activities. Only such use as may not interfere unreasonably with the enjoyment of normal home activities shall be permitted.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Residential:

Accessory buildings, personal swimming pools and other accessory uses.

Manufactured homes compliant with adopted Building Codes and HUD standards for single family dwelling use only.

Modular homes constructed in compliance with the adopted IRC - International Residential Code.

Religious facilities.

Single household dwellings.

   B.   Permitted Uses Upon Approval Of A Development Plan By The Planning And Zoning Commission:

Screened/RV/vehicle storage facility with or without roof cover.

The development plan shall require the submittal of a site plan and detail provided for applicable buffering between incompatible land uses/zones, a landscape plan, exterior building materials/colors, elevations of the building design, disclosed hours of operation, examples of down shielded exterior lighting, vehicle circulation patterns, emergency response/access provisions and examples of signage.

   C.   Special Uses:

Commercial:

Barber, beauty shop.

Laundromat - self-service center.

General:

Non-incidental home occupation.

   D.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 655, 2018)

This district is intended to provide for commercial activities of various sizes from large retail stores to small specialty shops with residential opportunities for persons wishing to work and live in a unified environment.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Agricultural:

Roadside stands.

Commercial:

Amusement centers, indoor only.

Auto sales, service, storage, rental.

Bakery or bakery goods store.

Bakery specialty food products, wholesale/retail.

Bank, savings and loan.

Barber, beauty shop.

Bowling alley.

Building supply outlet.

Bus barn/storage/repair maintenance.

Cabinet sales.

Car wash.

Cemetery.

Cleaning, laundry agency.

Dance, music, voice studio - indoor gym - sports recreation, fitness facility.

Drive-in restaurant - food stand.

Drugstore.

Equipment rental and sales yard.

Food store, delicatessen, creamery.

Frozen food locker - food processing - fromagerie - bottling, packaging, shipping, receiving.

Furniture sales.

Gift shop.

HVAC fabrication - service-repair.

Hospital.

Hotel.

Laboratory - medical, dental.

Laundromat - self-service center.

Manufacturing, fabricating, cabinet building.

Mortuary.

Motel.

Nursery for children.

Nursery for flowers and plants.

Nursing home for the aged.

Office, medical, professional.

Parking lot, garage or facility.

Photographic studio.

Prescription pharmacy, optician.

Printing and blueprinting.

RV sales, storage, ministorage. Nonenclosed RV storage shall be screened.

Reducing salon - masseur.

Religious facility.

Restaurant - bar.

Retail stores and services.

School, college.

School, elementary - high school.

Service station.

Residential:

Home occupation.

Household buildings with a minimum of five (5) units.

Household units existing at the time this title is adopted.

Household units in upper floors of commercial buildings.

Rooming houses, residence halls, and residential hotels.

   B.   Permitted Uses Upon Approval Of A Development Plan By The Planning And Zoning Commission:

      Ministorage facility with enclosed units having independent access from the outside of each unit, via vehicle circulation lanes, with optional on site caretaker housing.

      Screened/RV/vehicle storage facility with or without roof cover.

      The development plan shall require the submittal of a site plan and detail provided for applicable buffering between incompatible land uses/zones, a landscape plan, exterior building materials/colors, elevations of the building design, disclosed hours of operation, examples of down shielded exterior lighting, vehicle circulation patterns, emergency response/access provisions and examples of signage.

   C.   Special Uses - Special Use Permit Required: A special use permit may be granted by the commission for a use that is otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan.

      Accessory dwelling unity (ADU).

      Accessory use or structure.

      Drive-in theater.

      Mobile vendors.

      Sign shop.

      Small animal veterinary clinic.

      Temporary commercial mobile unit.

      Tire shop.

      Trailer, mobile home/manufactured home, farm implementation sales yard.

   D.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence.

   E.   Color Palette Requirement: Each building including its outside trim, siding, stucco, accents, and nonmasonry features shall be earth tone colors consistent with the color palette and color palette requirements found in section 17.07.120 of this title. (Ord. 655, 2018; Ord. 656, 2019; Ord. 665, 2020)

This district is intended to provide for professional office uses along or near specifically designated major arterials where increased traffic has impacted residential uses and in areas that are near large public or private medical facilities.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall thereafter be erected, altered or enlarged for the following uses:

Commercial:

Accountant offices.

Attorney offices.

Daycare facilities.

Medical professional offices.

Photographic studio.

Psychiatrist/psychologist offices.

Residential:

Home occupation.

Household buildings with a minimum of five (5) units.

Household units existing at the time this title is adopted.

Household units in upper floors of commercial buildings.

Rooming houses, residence halls, and residential hotels.

   B.   Special Uses - Special Use Permit Required: A special use permit may be granted by the commission for a permanent or temporary use that is otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan. :

      Accessory dwelling unit (ADU).

      Accessory use or structure.

      Agricultural:

         Roadside stands.

      Cemetery.

      Commercial:

         Barber, beauty shop.

         Dance, music, voice studio.

         Laboratory - medical, dental, optical.

         Nursery for flowers and plants.

         Nursing home for the aged.

         Religious facilities.

         School, college.

         School, elementary - high school.

      Fraternity-sorority house-dormitory.

      Mobile vendors.

      Religious facilities.

   C.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 542, 2007; Ord. 656, 2019; Ord. 665, 2020)

This district is intended to provide for commercial activities of various sizes from large retail stores to small specialty shops with residential opportunities for persons wishing to work and live in a unified environment.

All uses in the Commercial - Gateway Zoning must have appropriate landscaping plans, approved by the Administrator and/or Design Review Committee. The landscaped area for commercial uses must begin at the back of the curb of the property line and extend to a depth of at least twenty feet (20') and contain an undulating berm not less than four feet (4') high. Commercial uses must also provide adequate pedestrian access consistent with the standards enumerated in this title. The landscaping shall be designed to enhance the aesthetic qualities of the gateway area. The landscaping shall be completed before occupancy will be given.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Agricultural:

Roadside stands.

Commercial:

Amusement centers, indoor only.

Auto sales, service, storage, rental.

Bank, savings and loan.

Barber, beauty shop.

Bowling alley.

Building supply outlet.

Cabinet sales.

Car wash.

Cemetery.

Church.

Dance, music, voice studio - indoor recreation - sports athletic facilities, fitness gym.

Drive-in restaurant - food stand.

Drugstore.

Equipment rental and sales yard.

Food store, delicatessen.

Furniture/appliance sales.

Gift shop.

Hotel.

Laundromat - self-service center.

Manufacturing, fabricating, cabinet building uses shall be in enclosed buildings with applicable DEQ approved air exhaust systems.

Mortuary.

Motel.

Nursery for children.

Nursery for flowers and plants.

Nursing home for the aged.

Office, medical, professional.

Photographic studio.

Prescription pharmacy, optician.

Reducing salon - masseur.

Restaurant - bar.

Retail stores and services.

School, college.

School, elementary - high school.

Service station.

Storage facility complex, with storage units constructed inside a structure, where each unit does not have independent outside access, where groups of interior units are accessed through a common entrance/exit door, with optional on site caretaker housing.

Residential:

Home occupations.

Household buildings with a minimum of five (5) units.

Household units existing at the time this title is adopted.

Household units in upper floors of commercial buildings.

Public parks.

Rooming houses, residence halls, and residential hotels.

   B.   Permitted Uses Upon Approval Of A Development Plan By The Planning And Zoning Commission:

Ministorage facility with enclosed units having independent access from the outside of each unit, via vehicle circulation lanes, with optional on site caretaker housing.

Screened/RV/vehicle storage facility with or without roof cover.

The development plan shall require the submittal of a site plan and detail provided for applicable buffering between incompatible land uses/zones, a landscape plan, exterior building materials/colors, elevations of the building design, disclosed hours of operation, examples of down shielded exterior lighting, vehicle circulation patterns, emergency response/access provisions and examples of signage.

   C.   Special Uses - Special Use Permit Required: A special use permit may be granted by the commission for a use that is otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan.

   Accessory dwelling unit (ADU).

   Accessory use or structure.

   Drive-in theater.

   Large animal facility.

   Mobile vendors.

   Parking lot, garage or facility.

   Small animal veterinary clinic.

   Temporary commercial mobile unit.

   D.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence.

   E.   Color Palette Requirement: Each building including its outside trim, siding, stucco, accents, and non-masonry features shall be earth tone colors consistent with the color palette and color palette requirements found in section 17.07.120 of this title. (Ord. 655, 2018; Ord. 656, 2019; Ord. 665, 2020)

This land use designation is primarily in the impact area per the August 2017 Comprehensive Map, exhibit A on file in the City, which depicts a three hundred foot (300') wide strip of land on the north and south sides of Center Street, located west of the Emerald/Center Street intersection, extending to 3400 East, a strip of land west of the Kimberly High School adjacent to Emerald Street and a strip of land on the north and south sides of Hwy 30, beginning at the east City limit boundary, extending to 3600 East.

Upon annexation, lands designated as Commercial Interior on the adopted Comprehensive Map should be zoned Commercial Interior to be in accordance with the comprehensive land use designation. The Commercial Interior Zone is intended to provide a buffer between Residential Zones and major collector streets and minor collector streets per the adopted 2009 Kimberly Transportation Plan. The Commercial Interior Zone provides for commercial activities of various sizes from retail stores to small specialty shops with residential opportunities for persons wishing to work and live in a harmonious environment.

The Commercial Interior Zone should be considered as a buffer zone between Residential Zones and Industrial Zones. Manufacturing and fabricating uses of products excluding those allowed in a home occupation shall be considered a special use.

All uses and developments in the Commercial - Interior Zoning District must comply with the landscaping components as follows:

The landscaped area must begin at the back of the curb or sidewalk if applicable and extend to a minimum depth of fifteen feet (15') from property line, vegetated with grass and shrubs and watered with a low water consumptive underground irrigation system. An undulating berm not less than two feet (2') high, a minimum of five feet (5') in width shall be installed onsite, adjacent to the public right-of-ways. Commercial uses must also provide adequate pedestrian accesses consistent with the standards enumerated in this title. The landscaping shall be designed to enhance the aesthetic qualities of the Commercial Interior area. The landscaping shall be completed before occupancy will be given.

   A.   Permitted Uses For Residential, Agriculture, And Commercial Uses:

Agricultural:

Agricultural uses.

Road side stands.

Commercial:

Amusement centers, indoor only.

Auto sales, service.

Bank, savings and loan.

Barber, beauty shop.

Bowling alley.

Car wash.

Church.

Dance, music, voice studio.

Day care facilities.

Drive-in restaurant - food stand.

Drug store.

Food store, delicatessen.

Furniture sales only.

Gift shop.

Laundromat - self-service center.

Mortuary.

Nursery for children.

Nursery for flowers and plants.

Nursing home for the aged.

Office, medical, professional.

Photographic studio.

Physicians center.

Prescription pharmacy, optician.

Reducing salon - masseur.

Restaurant - bar.

Retail stores and services.

School, college.

School, elementary - high school.

Service station - tire store.

Residential:

Home occupations.

Public parks.

Rooming halls, bed and breakfasts, residence halls, and residential hotels.

Single family dwellings and multiple housing units.

Structures and household/units and land uses existing at the time this title is adopted shall be legal conforming uses/structures.

Temporary commercial mobile unit.

   B.   Special Uses - Special Use Permit Required: A special use permit may be granted by the commission for a use that is otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan.

   Accessory dwelling unit (ADU).

   Accessory use or structure.

   Manufacturing, assembly, fabrication, food processing. Food processing in the Commercial Interior Zone shall be limited to the raw products raised on the specific parcel, described in the special use permit, excluding home occupations. Land areas not depicted in the special use permit shall not be allowed to be used for increasing food processing or production unless approved by the Planning and Zoning Commission in a separate special use application.

   Veterinary clinic, kennel.

   C.   Special Uses Upon Approval Of A Development Plan By The Planning And Zoning Commission:

Ministorage facility with enclosed units having independent access from the outside of each unit, via vehicle circulation lanes, with optional on site caretaker housing.

Screened/RV vehicle storage facility with or without roof cover.

The development plan shall require the submittal of a site plan and detail provided for applicable buffering between incompatible land uses/zones, a landscape plan, exterior building materials, colors, elevations of the building design, disclosed hours of operation, examples of down shielded exterior lighting, vehicle circulation patterns, emergency response/access provisions and examples of signage.

   D.   Prohibited Uses:

Expanded uses, increased capacities, increased production and processing not specifically linked to the approved special use permit site, acres, parcels and structures are prohibited. Examples including but not limited to products shipped from off site, such as milk, animals for slaughter and production of fuel from grain products.

Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 655, 2018; Ord. 656, 2019; Ord. 665, 2020)

This district is intended to provide for light nonpolluting and major traffic producing industries as well as commercial without residential encroachment.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Agricultural:

Roadside stands.

Commercial:

Amusement centers, indoor only.

Auto sales, service, storage, rental.

Bakery or bakery goods store.

Bank, savings and loan.

Barber, beauty shop.

Bowling alley.

Building supply outlet.

Car wash.

Cemetery.

Cleaning, laundry agency.

Dance, music, voice studio - indoor recreation - sports athletic facilities, fitness gym.

Drive-in restaurant - food stand.

Drugstore.

Equipment rental and sales yard.

Food store, delicatessen - food processing - fromagerie - bottling, packaging, shipping, receiving.

Frozen food locker.

Furniture refinishing.

Grain or legume storage.

Hospital.

Hotel.

Laboratory - medical, dental, optical.

Laundromat - self-service center.

Manufacturing, fabricating, cabinet building.

Mortuary.

Motel.

Nursery for children.

Nursery for flowers and plants.

Nursing home for the aged.

Office, medical, professional.

Photographic studio.

Prescription pharmacy, optician.

Printing and blueprinting.

RV storage, ministorage units. Storage areas not enclosed shall be visually screened.

Reducing salon - masseur.

Religious facilities.

Restaurant - bar.

Retail stores and services.

School, college.

School, elementary - high school.

Service station.

Shop for building contractor.

Sign shop.

Small animal veterinary clinic.

Trailer, mobile home, farm implementation sales yard.

Industrial:

Beverage bottling plant.

Billboard manufacture.

Contractor's storage yard.

Lumberyard - retail.

Machine shop.

Monument works, stone.

Planing mill.

Planned unit development.

Public utility yard.

Railroad yard or shops.

Terminal yard, trucking.

Warehousing - wholesaling.

Residential:

Home occupation.

Household units existing at the time this title is adopted.

   B.   Special Uses - Special Use Permit Required: A special use permit may be granted by the commission for a use that is otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan.

   Commercial:

      Accessory use or structure.

      Kennel.

      Large animal facility.

      Laundry, commercial plant.

      Parking lot, garage or facility.

      Tire shop, including recapping.

   General:

      Drive-in theater.

   Industrial:

      Bulk commodity storage processing.

      Ice manufacture - cold storage plant.

   Residential:

      Accessory buildings, personal swimming pools and other accessory uses.

      Mobile home for residential use only.

      Rooming-boarding house.

      Single household dwellings.

      Temporary commercial mobile unit.

      Two-family dwelling, multi-family dwelling.

   C.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 655, 2018; Ord. 665, 2020)

The purpose of this zoning subdistrict is to foster and promote the creation of educational institutions for the benefit of the community including permitted on site caretaker housing, school sponsored events conducted on school property, utilizing commercial vendors including but not limited to, food, entertainment, fireworks, holiday events, musical / fine arts events, sports and athletic events, in-conjunction with the allowance of over-night RV/tent camping on school properties.

(Ord. 633, 2016; Ord. 682, 2023)

The purpose of this district is to permit the establishment of low density single-family dwellings in an agricultural setting with a minimum lot size of one acre or as provided in Twin Falls County zoning ordinance now existing or as hereafter to exist for Residential Agricultural District.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Agricultural:

Existing mobile homes. Existing mobile homes can be upgraded to the following standards: placed on permanent foundation, refurbished to HUD approved standards, and axles and tongue removed. An existing mobile home, if upgraded, cannot be reduced below its current existing size.

Farms - animals and pasture with five (5) animal units per acre.

 

Farms - plants and trees.

Manufactured home. Manufactured homes must comply with Idaho Code sections 39-4105(8) and 67-6509A and this title.

Roadside stands.

Residential:

Accessory buildings, personal swimming pools and other accessory uses.

Caretaker housing, bed and breakfasts.

Home occupations.

Public parks.

Single household dwellings.

   B.   Special Uses:

General:

Cemetery.

Commercial greenhouses.

Commercial swimming pool.

Equestrian facilities.

Golf courses.

Overnight RV facility and/or campground.

Retail sales and service.

Tennis courts.

   C.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 647, 2017)

The impact area shall be zoned Agricultural (AG) in compliance with the City ordinance pertaining to the Agricultural District. With exception to those parcels of land twenty (20) acres or larger used solely for agricultural purposes.

This district is intended to preserve the rural integrity of areas adjacent to the City that will be available for orderly planned growth and can be efficiently served by City services as the need arises.

   A.   Permitted Uses: Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Agricultural:

Agricultural uses.

Farms - plants and trees.

Hippotherapy, animal boarding facility.

Roadside stands.

Commercial:

Religious facilities.

Veterinary clinic.

Residential:

Accessory buildings, personal swimming pools and other accessory uses.

Caretaker housing, bed and breakfast.

Home occupations.

Mobile home for residential use only.

Single household dwellings.

   B.   Special Uses: A special use may be granted for a permanent use that is not in conflict with the Comprehensive Plan and that is not permitted outright because it may conflict with other uses in the district unless special provisions are taken. Special use permits may be granted for the following uses:

Commercial:

Recreational vehicle park.

General:

Amusement centers, indoor only.

Dance, music, voice studio.

Equestrian facilities.

Kennel.

Nursery for children.

Nursery for flowers and plants.

Two-family dwelling.

   C.   Special Uses Upon Approval Of A Development Plan By The Planning And Zoning Commission:

Ministorage facility with enclosed units having independent access from the outside of each unit, via vehicle circulation lanes, with optional on site caretaker housing.

Screened/RV/vehicle storage facility with or without roof cover.

The development plan shall require the submittal of a site plan and detail provided for applicable buffering between incompatible land uses/zones, a landscape plan, exterior building materials/colors, elevations of the building design, disclosed hours of operation, examples of down shielded exterior lighting, vehicle circulation patterns, emergency response/access provisions and examples of signage.

   D.   Prohibited Uses: Uses not specifically stated above are prohibited unless administrative determination in accordance with the ordinances of the City of Kimberly is made that the use is similar enough to a use listed above that distinction between them is of little consequence. (Ord. 647, 2017)

MINIMUM YARD REQUIREMENTS

 

Notes:

Lot Area For Duplex Multiplex Dwellings: The minimum lot area for a single story duplex shall be the minimum lot area per district. (Example - A single story duplex in the R-3 District requires a minimum of 6,500 square feet.) The minimum lot area for multiplex units, in excess of 2 units will increase over the minimum unit duplex lot area per district, by 2,000 square feet per dwelling unit. (Example - A single story 5 unit multiplex structure in the R-3 District requires a minimum lot area of 16,500 square feet.)

   1.    04-1963 Revised Village Map Of Record Land Exceptions: The R-2 and R-3, 04-1963 Revised Village Map District criteria, does not apply to the tracts of land depicted as the Tyler's Addition, Summer's Subdivision, Turner's Addition, Albert Tract, Wilson Subdivision, Allen Park Division, Trailer Court, Brentwood Addition, Larson No. 1 and No. 2., Hamilton First Addition lots 1-3, Burrington's Subdivision, Carl Miller Add. Southlawn Subdivision, and Lattin Subdivision.

(Ord. 647, 2017; Ord. 682, 2023)

   A.   Definitions:

   COLLOCATION: The use of a single support system on the ground by more than one carrier or several support systems on an existing building or structure by more than one carrier.

   FACADE MOUNTED: Directly attached or affixed to the elevation of a building, tank, or other structure.

   FREESTANDING TOWER: A tower not physically attached to a building or structure. A freestanding tower is attached to the ground by a foundation.

   LATTICE TOWER: A support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section.

   MASTER DEVELOPMENT PLAN: A plan showing a carrier's expected network of wireless communication facilities within the City and its area of impact.

   UTILITY POLE: A telephone, power, light, cable television, or flag pole. Light poles shall include street, stadium and security light poles.

   WIRELESS COMMUNICATIONS FACILITY: An unstaffed facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, and other facilities.

   B.   Regulations:

      1.   Use: The placement, use or modification of any wireless communication facility is subject to the provisions of this chapter.

         a.   Residential Zones: Freestanding towers are prohibited. Wireless communication facilities attached to utility poles or facades attached to nonresidential buildings are permitted subject to the provisions of this chapter.

         b.   Nonresidential Zones: Lattice towers are prohibited. Other wireless communication facilities are permitted subject to the provisions of this section.

      2.   Preferred Locations And Facility Types:

         a.   Site Selection Criteria: A master development plan is to be created, prior to any wireless communication facility permit request, based upon engineering constraints and desired areas of service. Wireless communication facilities shall be located on a master development plan in the following priority order:

            (1)   Collocation on an existing tower, structure or building. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate as described in this section;

            (2)   Publicly owned property;

            (3)   Other nonresidential buildings or vacant nonresidentially zoned land located in the area of impact to the east, to the southeast, to the south and to the southwest of the city limits.

         b.   Facility Types: Facility types are preferred in the following priority order:

            (1)   Roof mounted.

            (2)   Facade mounted.

            (3)   Utility pole mounted.

            (4)   Freestanding.

      3.   Collocation: Collocation is considered to be a visually unobtrusive installation method because the equipment is attached to an existing structure. Collocation of a wireless communication facility shall require only approval of the administrator. No new tower shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed wireless communication facility. Evidence submitted to demonstrate the unavailability of other towers or structures should address all of the following:

         a.   An RF engineering analysis of all utility poles, regardless of height, and of all towers or structures thirty five feet (35') in height or higher, within a one thousand three hundred twenty foot (1,320') radius of the proposed wireless communication facility site.

         b.   The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for collocation are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

      4.   Prohibitions: The following are prohibited or restricted:

         a.   Lattice towers are prohibited.

         b.   Interference with city and public safety communication systems and/or area television or radio broadcast is prohibited.

         c.   Freestanding towers within residentially zoned areas are prohibited.

         d.   Diagonal bracing is permitted only to anchor the antenna to an existing building to which the antenna is attached.

   C.   Application Procedure: The administrator shall be the granting authority for wireless communication facility collocating on existing structures or utility poles. All other wireless communication facilities shall require a special use permit from the planning and zoning commission. An application for a special use permit for a wireless communication facility shall contain the information set forth below, in addition to the standard application information required for all special use permits:

      1.   A site plan including location, type and height of the proposed wireless communication facility with setbacks, property lines, adjacent land uses, structures and zoning.

      2.   Elevation drawings or before and after photographs/drawings simulating and specifying the location and height of the antennas, support structures, equipment enclosures and other accessory uses.

      3.   The master development plan showing the location of all existing and proposed wireless communication facility sites of the applicant within the city and its area of impact, including the service area of each wireless communication facility.

      4.   Evidence demonstrating the unavailability of collocation, as set forth above.

      5.   Certification from the applicant's engineer that collocation of additional antennas for at least one additional provider is possible on the proposed pole, and a signed and notarized statement by the applicant agreeing to accommodate collocation of additional antennas on the tower and that the applicant agrees to enter into leases with other providers allowing use of the tower at a monthly lease rate not to exceed one-half (1/2) of the capital cost of the tower, excluding the equipment to be used exclusively by the applicant, paid over fifteen (15) years at seven percent (7%) interest. The maximum monthly lease rate shall be included in the application.

      6.   A lease agreement with the landowner that allows other providers to locate equipment on the subject property, and provides that if the provider fails to remove the wireless communication facility and equipment within ninety (90) days of its discontinued use, the responsibility for removal shall belong to the landowner.

   D.   Standards:

      1.   Roof Mounted:

         a.   Height: Roof mounted wireless communication facilities may extend above the highest portion of the roof, including parapet walls, by a distance equal to its distance to the nearest exterior wall.

         b.   Setback: Roof mounted wireless communication facilities shall be set back from the edge of the building the height of the antenna and support system.

         c.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

      2.   Facade Mounted:

         a.   Height: Facade mounted wireless communication facilities may not exceed five feet (5') above the facade to which it is attached.

         b.   Setback: Maximum projection of eighteen inches (18"), but may not encroach into the public right of way.

         c.   Attachment: The antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.

      3.   Utility Pole Mounted:

         a.   Height: Maximum height of one hundred thirty three percent (133%) of the height of the original utility pole.

         b.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

         c.   Attachment: The antenna shall be either fully concealed within the utility pole or face mounted (not to exceed 18 inches from the face of the pole). Standoffs and amps platforms are prohibited.

         d.   Pole Replacement: Existing utility poles may be replaced with a new utility pole of the same height, dimensions and appearance as the existing utility pole.

         e.   Equipment Enclosures: Aboveground equipment enclosures on utility poles in the right of way shall not exceed twelve (12) cubic feet in volume and shall be constructed so as to minimize their visual impact. Aboveground equipment enclosures off the right of way shall meet building line setbacks in the underlying district, and shall be finished to blend in with the surrounding area. If a security fence is installed, landscaping and screening shall be installed to visually screen the aboveground equipment enclosure. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either a screening wall or fence surrounded by a five foot (5') wide landscape planter, or a ten foot (10') wide landscape planter without a screening wall or fence. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days.

         f.   Relocation Of Utilities: In the event the utilities located on a utility pole are relocated underground, the wireless communication facility shall be relocated to another location pursuant to the requirements of this chapter.

      4.   Freestanding:

         a.   Height: Freestanding towers shall not exceed one hundred feet (100') in height as measured from the ground.

         b.   Setback: Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all residential and residentially zoned property one hundred twenty five percent (125%) of the tower height as measured from ground level.

         c.   Color: Freestanding towers shall be painted a neutral earth tone color or otherwise camouflaged or disguised so as to make the tower as unobtrusive as possible.

         d.   Attachment: The antenna shall be either fully concealed within the tower or face mounted (not to exceed 18 inches from the face of the tower). Standoffs and amps platforms are prohibited.

         e.   Landscaping: Landscaping and screening shall be installed to visually screen the support structure and aboveground equipment enclosures. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either a screening wall or fence surrounded by a five foot (5') wide landscape planter, or a ten foot (10') wide landscape planter without a screening wall or fence. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days.

         f.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

         g.   Maintenance: All facilities and landscaping shall be properly maintained.

   E.   Abandonment: Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility within ninety (90) days of the date of abandonment or discontinuation of use, and restore the site to its original condition. The carrier shall provide to the city, prior to issuance of a permit, a performance bond in the amount of twenty thousand dollars ($20,000.00) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the facility will be removed when no longer in use. The city shall be named as an obligee in the bond and must approve the bonding company. (Ord. 542, 2007: Ord. 496 § 1, 2001)