The purpose of this chapter is to establish the standards that apply to specific uses. Use standards are standards generally applicable to uses requiring a special use permit, and particular uses or types of development that have the potential to adversely affect surrounding property or the public health, safety and welfare if not developed and operated in accordance with such standards. (Ord. 201, 11-15-2013)

   A.   Appurtenances: The height limitations detailed within zoning district regulations shall not apply to antennas, water tanks, ventilators, chimneys, heaters and air conditioning equipment, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

   B.   Special Uses: Other exceptions to building height regulations, including spires, belfries and cupolas, may be allowed by special use permit, subject to the following criteria:

      1.   It has been demonstrated that the additional height is reasonably necessary for the use proposed;

      2.   The scale of the structure is reasonably compatible with the surrounding land uses and structures, and does not negatively impact the character of the neighborhood;

      3.   Property boundary setbacks are reasonably scaled to the height and bulk of the structure; and

      4.   Fire protection mitigations, as may be recommended by the Northside Fire District and deemed necessary and appropriate by the City Council, have been addressed. (Ord. 201, 11-15-2013)

   A.   General Fencing Standards: Unless otherwise provided elsewhere in this Code, the following standards shall apply in all zoning districts:

      1.   Measurement Of Height: Fence height shall be considered the vertical distance from the natural grade of the property at the base of the fence to the highest point on the fence or fence structure, including all finials, caps, posts, lights, planters, screening, landscaping berms, rockery, bases, or other similar fencing features.

      2.   Visibility Standards: All fencing shall meet the standards for visibility at intersections, as addressed in section 8-14-2-9 of this chapter.

      3.   Corner Lots: For properties fronting on two (2) or more intersecting streets, no fence shall be placed within the sight triangle, modified sight triangle, or other location, as determined by the City Engineer, that obstructs the vision of the traveling public.

      4.   Clear Sight Triangle: Two (2) joining and perpendicular fences may be connected on a corner lot, provided the sight triangle or modified sight triangle, as defined, remains clear and unobstructed. The City Engineer may require fences be set back a greater distance, as deemed necessary to meet standard engineering practices as defined in the American Association of State Highway Transportation Officials or the Idaho Transportation Department standards. The City Engineer may require the property owner provide to the City a sight distance study and/or calculations by an Idaho-licensed professional engineer, to demonstrate conformance with standards. The cost of the study or calculations shall be borne by the property owner.

      5.   Parcels Fronting Public Rights-Of-Way: No fence shall be placed that:

         a.   Obstructs the vision of drivers;

         b.   Requires a vehicle to pull into the travel lane of a public road to see oncoming traffic when accessing a public right-of-way;

         c.   Obstructs the vision of a driver on public right-of-way from viewing a vehicle exiting a private access.

      6.   Fencing Materials: Fences and walls shall be constructed of any material commonly used in fence construction, such as wood, plastic, stone, concrete, but shall not be constructed of scrap or junk materials such as tires, vehicle parts, boxes, scrap metal or other such materials.

      7.   Exceptions: Exceptions to fence standards may be considered in conjunction with a special use permit or through the variance process.

      8.   Landowner Responsibility: The landowner shall comply with the "one number notification service" (call before you dig) regulations of Idaho Code title 55, chapter 22. In addition, the landowner is responsible for identifying all property lines and meeting all utility easement conditions and restrictions.

      9.   Notification Of Violations: Any violations of this subsection are subject to the provisions of sections 8-3-6 and 8-3-7 of this title. Prior to forwarding the matter to the City Council, the Zoning Administrator may request in writing that the violation be corrected by the property owner within thirty (30) days.

   B.   Residential Zones: In all residential zones:

      1.   Fence height shall not exceed seven feet (7'), except as otherwise provided in this title.

      2.   No fence shall exceed four feet (4') in height along the side and front property lines within the front yard building setback area established by the zoning district standards, except as follows:

         a.   Wire or rail type fences used to enclose large livestock, i.e., horses, cows, etc., may be five feet (5') high as a permitted use;

         b.   For residences with legal, nonconforming front yard setbacks, no fence shall exceed four feet (4') along the front and sides of the dwelling, as measured from the farthest front corners of each side of the house and attached garage or carport.

         c.   An arbor serving as a landscaping feature over a gate, walkway, or entrance may be permitted to a maximum nine feet (9') in height and four feet (4') in width.

   C.   Commercial, Industrial Zones: In commercial and industrial zones, fences taller than seven feet (7') in height shall require stamped building plans prepared by an engineer or architect licensed in the State and shall require the issuance of a building permit prior to erection. (Ord. 220, 5-1-2018)

   A.   Definitions: For the purposes of this section, the following definitions shall apply:

   BERM: An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

   BUFFER; BUFFERING: A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.

   CALIPER: The diameter of a tree or shrub trunk measured six inches (6") above grade.

   DECIDUOUS: A plant with foliage that is shed annually.

   EVERGREEN: Any broadleaf or coniferous tree, shrub or ground cover that holds foliage year round.

   GRASSY SWALE: A shallow, grassed, linear depression with gently sloping sides used as percolation areas to treat stormwater runoff in conjunction with dry wells.

   GROUND COVER: Low evergreen or deciduous plantings, often maintenance free, planted close together and in masses. Ground cover may also consist of grass, rocks, pebbles, sand and similar approved materials.

   PLANTING AREA: An area of land to be planted such that it will be fully utilized under the conditions of this section.

   SCREEN: A method of reducing the impact of noise and unsightly intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or an appropriate combination thereof.

   SHRUB: A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground, which may be deciduous or evergreen.

   B.   Applicability: This section applies to all uses developed in the City, excluding single-family dwelling units and agricultural uses of land, as defined in this title. The requirements of this subsection shall be imposed under the following circumstances:

      1.   New: New development.

      2.   Existing: Expansions of, or alterations to, existing uses.

      3.   Site Plan Review: Any construction, alteration or improvement triggering the requirement for a site plan review, as detailed in section 8-4-2 of this title.

      4.   Change Of Use: Any change of use which results in the requirement for provision of additional paved parking, or when the use of a building or lot changes to a category of use which requires the provision of a landscape buffer, as detailed in subsection D of this section, the new use shall provide landscaping in accordance with the requirements of this section.

      5.   Difference Of Standards: Where there is a difference of standards listed in this section and the specific requirements listed in individual zones, the more stringent requirements shall be required.

   C.   Maintenance: The continuing maintenance of any landscaping required for compliance with any development or use standard of this title shall be required.

      1.   Trees, Shrubs: Any trees and shrubs used in the landscaping and screening of a zone or use shall be maintained in a healthy growing condition. The owner of the property shall bear primary responsibility for maintenance of landscaping. Dead or diseased trees and shrubs shall be replaced within six (6) months and the planting area shall be maintained free of weeds and trash.

      2.   Stormwater Treatment Areas: The property owner shall bear primary responsibility for maintenance of all required stormwater treatment areas (grass swales). All grassed areas shall be kept trimmed and maintained free of weeds and trash. Dead grass shall be replaced within sixty (60) days, unless an extension is granted by city council. Extensions may be granted by the city for a specified time frame, to accommodate seasonal weather circumstances.

   D.   General Requirements:

      1.   Preservation Of Existing Trees: All trees on a site shall be retained to the maximum extent possible. Credit may be given for incorporating existing trees into the design if it meets the intent of this subsection, survives through the first year, and is continually maintained in a healthy condition. Exceptions include:

         a.   When the trees will be hazardous or may otherwise damage the structure, streets, sewer, water or utility lines.

         b.   When the trees will not likely survive the impacts of the construction due to condition, age, disease, increased or decreased exposure, or location outside of a natural grouping.

      2.   Minimum Landscape Area Requirements: The following table sets forth the type of required landscaping to be installed by the proposed use:

 

   E.   Landscape Types: The following landscape standards shall apply within the city:

      1.   Type I Sight Barrier Buffers: Buffers between incompatible uses that create a noise and sight obscuring barrier that shall consist of the following:

         a.   A minimum twenty foot (20') wide strip planted with evergreen trees. Trees must be a minimum height of six feet (6') at the time of planting and should be spaced to grow together in three (3) years; and

         b.   Evergreen shrubs and ground cover.

      2.   Type I Alternate:

         a.   A minimum ten foot (10') wide planting strip may be substituted when planted with a continuous row of evergreen trees in combination with either a continuous six foot (6') high sight obscuring wood or metal fence, or a brick, masonry or textured concrete wall. Evergreen trees are to be a minimum height of six feet (6') at time of planting and spaced to grow together in three (3) years; and

         b.   Evergreen shrubs and ground cover.

      3.   Type II Visual Separation Buffers: Buffers to create a visual separation between similar uses shall consist of the following:

         a.   A minimum ten foot (10') wide strip planted with trees, of which a maximum of fifty percent (50%) may be deciduous. One tree shall be provided for each twenty (20) linear feet of landscaped area and may be spaced irregularly or clustered rather than uniformly spaced; and

         b.   Evergreen shrubs and ground cover to provide seventy five percent (75%) coverage of designated area within two (2) years from planting.

      4.   Type III Visual Relief Buffers: Transparent buffers to provide visual relief between compatible uses and to soften the appearance of parking areas shall consist of the following:

         a.   A minimum five foot (5') wide strip planted with trees, of which a maximum of seventy percent (70%) may be deciduous. One tree shall be provided for each forty (40) linear feet of landscaped area and may be spaced irregularly or clustered rather than uniformly spaced; and

         b.   Evergreen shrubs and ground cover.

      5.   Buffer Width Reduction: The width requirements of each landscape type may be reduced when a berm is included in the buffer. The width reduction shall be twice the height of the berm, but with a maximum permitted width reduction of ten feet (10'). The combined maximum height of the berm and fence or wall shall not exceed six feet (6'), under any circumstances, if a berm is included in the type I alternate landscape.

   F.   Standards For Plant Installations:

      1.   Approved Trees: Required trees shall be selected from the list of approved trees, as established by resolution of the city council. No species other than those included in the list may be planted as a public tree without prior approval of the city council.

      2.   Minimum Plant Sizes For Installation:

 

 

   G.   Consolidation Of Landscaping And Stormwater Swales: To reduce the overall land requirements for green space, combining stormwater infiltration areas (grass swales), with landscape areas, as required by this section, may be permitted in compliance with the provisions of best management practices (BMPs) adopted pursuant to this title.

   H.   Exceptions: Application for an exception from a particular landscaping provision, regulation or standard may be made in writing to the city council.

      1.   Permitted: Exceptions may be considered for the location or area of required landscaping, number and/or type of required plantings, or other such design requirements for required landscaping.

      2.   Findings Required: Exceptions may only be granted by the city council based upon the following findings:

         a.   The requested exception is based upon a unique character or feature of the property or use, which does not generally apply to other properties or similar uses subject to the requirement from which an exception is sought;

         b.   The requested exception will not be injurious to the public safety and welfare;

         c.   If approved, the requested exception will be equally protective of the public interest, and will otherwise achieve the identified purposes of these landscaping requirements; and

         d.   The applicant has provided detailed plans for an alternative approach to landscaping and screening that demonstrates that intent of these landscaping and screening requirements will otherwise be met. (Ord. 201, 11-15-2013)

   A.   Direction Of Light: All exterior lighting shall be designed such that lighting is directed away from the street and adjacent properties and toward the interior of the property.

   B.   Shielding: All exterior lighting shall be fully shielded, and all lighting shall be contained on the lot.

   C.   Energy Efficient Lighting: Use of energy efficient lighting is encouraged, whenever feasible. (Ord. 201, 11-15-2013)

All parking shall comply with design standards, as detailed in section 8-13-5 of this title. (Ord. 201, 11-15-2013)

   A.   Enclosure: All refuse and recycling collection areas for commercial, industrial, institutional or multi-family uses shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure.

   B.   Access: Adequate vehicle access to and from the refuse collection area shall be provided.

   C.   Paving Materials: All refuse and recycling collection areas and accesses shall be paved with asphalt or concrete, or alternative paving materials, as may be approved by the City Engineer. (Ord. 201, 11-15-2013)

All signs shall comply with design standards as detailed in sections 8-15-8 and 8-15-9 of this title. (Ord. 201, 11-15-2013)

All storage shall comply with the following requirements:

   A.   Prohibition: No property, or part thereof, shall be used as a storage area for any purpose other than storage of materials used in connection with the normal operation of the permitted uses in the applicable zone, except that property may be used for the storage of materials used in the construction of the building or buildings on the property.

   B.   Accessory To Permitted Use: All storage shall be accessory to the permitted use on the site.

   C.   Screening: All storage shall be wholly contained within a building or shall be entirely screened from view from surrounding properties.

   D.   Setbacks: All storage areas must conform to the minimum building setback regulations of the applicable zone.

   E.   Inoperable, Unlicensed Vehicles: Storage of inoperable and not currently licensed vehicles shall be permitted only within a six foot (6') sight obscuring fence, hedge or shrubs, or within a completely enclosed building, including doors.

   F.   Inoperable Railroad Cars, Truck Trailers: Inoperable railroad cars and inoperable truck trailers used for storage may be allowed by special use permit.

   G.   Bulk Storage Of Flammable Liquids And Gases Aboveground:

      1.   Bulk storage regulations shall apply to all aboveground storage of flammable liquids and gases in containers holding one thousand (1,000) gallons or greater.

      2.   Bulk storage of flammable liquids and gases:

         a.   Must be accessory to a permitted use within the zoning district.

         b.   Shall be located at least five hundred feet (500') from any residence, school, hospital, motel or hotel, except for heating fuel storage when that residence, school, hospital, motel or hotel is the end user.

         c.   Shall be erected subject to the approval of the fire district.

         d.   Shall have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire district. (Ord. 201, 11-15-2013)

Nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of intersecting streets, within twenty feet (20') of the intersecting edges of the right-of-way on roads posted fifteen (15) miles per hour (mph) or less, and within forty feet (40') of the intersecting edges of the right-of- way on all other intersections and all intersections with State maintained highways and intersections with railroads. (Ord. 220, 5-1-2018)

Where required by this title, visual screening may be accomplished utilizing a sight obscuring fence, a solid fence or masonry wall, a fully sight obscuring evergreen landscaping screen, or a combination of landscaping and fencing treatments that serve to wholly block view of the site. (Ord. 201, 11-15-2013)

The use, occupancy, and/or storage of recreational vehicles (RVs) shall comply with the following standards in all zones:

   A.   A recreational vehicle (RV) is not considered a dwelling unit. Occupancy of any recreational vehicle (RV) on a lot or parcel shall not exceed fourteen (14) days in any consecutive twelve (12) month period, unless located within a permitted recreational vehicle park. Different temporary guests shall be permitted to occupy an RV, so long as the total days occupied does not exceed fourteen (14) days in any consecutive twelve (12) month period for all visits combined.

   B.   The number of occupied RVs is limited to one (1) such vehicle per lot or parcel. regardless of the size of the lot or parcel.

   C.   Occupancy shall mean living, sleeping, eating, cooking and/or other use of the unit for human habitation.

   D.   To protect neighboring properties from snow/rain shed and/or fire hazards, the RV shall meet the following minimum setbacks, whether stored or occupied:

      1.   Shall be set back a minimum of five feet (5') from rear and side property lines;

      2.   May be up to zero feet (0') set from the front property line, provided the RV is parked or stored within a private driveway.

      3.   Shall not protrude into or block any public easements, sidewalks, or rights-of-way.

   E.   An RV shall not be parked on any public street or public parking area for longer than twenty-four (24) hours.

   F.   An RV may be used as a temporary dwelling unit while a dwelling is under construction provided:

      1.   A City of Kootenai building permit for a dwelling has been issued for the same site as the proposed RV temporary dwelling.

      2.   The landowner has notified the City in writing in conjunction with the building permit of the intent to occupy the RV while the dwelling is under construction.

      3.   The building permit for the dwelling remains active.

      4.   The occupancy of the RV shall not exceed one hundred eighty (180) days or upon the certificate or temporary certificate of occupancy issuance for the dwelling, whichever comes first. The City Council, on the recommendation of the City's building official and City Engineer, may grant an RV occupancy extension for reasons or conditions beyond the landowner's control. The extension shall state the conditions of approval and expiration date.

      5.   Provisions are made for sewage disposal, to the satisfaction of the City.

      6.   The RV is equipped with egress windows or doors, smoke and carbon dioxide detectors. and a fire extinguisher.

      7.   The RV is not located within a public right-of-way.

   G.   The number of off-street parking spaces required by chapter 8-13 of this title shall not be reduced or eliminated with the parking of an RV.

(Ord. 236, 6-6-2023)

In residential zones, where permitted:

   A.   Accessory Living Units:

      1.   Permitting: In the residential zones where permitted, an accessory living unit shall be allowed by right, with a principal residence on a lot or parcel meeting the minimum acreage size for a single-family residential use in that zone. For legal, non-conforming lots or parcels, an attached accessory living unit shall only be permitted with an approved special use permit and shall meet the minimum standards of this section.

      2.   Percentage Of Gross Interior Floor Space: The accessory living unit shall not exceed the following:

         a.   For lots or parcels meeting the minimum acreage for the zone: forty percent (40%) of the gross interior floor space of the principal dwelling unit or eight hundred (800) square feet, whichever is less.

         b.   For legal, non-conforming lots or parcels of record: thirty percent (30%) of the gross interior floor space of the principal dwelling unit or six hundred (600) square feet whichever is less.

      3.   Number Permitted: Only one accessory living unit shall be allowed per lot or parcel.

      4.   Ingress, Egress: No new approach from a public or private street shall be permitted; existing ingress/egress used by the principal dwelling shall also serve as the ingress/egress for the accessory living unit.

      5.   Open Space, Setbacks: Open space and setback requirements of the underlying zone shall apply, excepting that a detached accessory living unit, where permitted, shall have a front setback behind the front of the principal residence.

      6.   Attached Units: Attached accessory living unit shall mean units that are attached to a garage or similar residential accessory structure or attached to the principal residence to serve as an in-house apartment.

      7.   Detached Units; Separation: For detached accessory living units, where permitted, a minimum separation of fifteen feet (15') shall be maintained between the accessory living unit and other structures on the site.

      8.   Construction Standards: The accessory living unit shall be constructed in accordance with the International Residential Code for the type of use. Prior to construction of the unit, the applicant shall obtain written approvals from the water and sewer providers. A certificate of occupancy shall be required prior to occupancy.

      9.   Parking Standards: A minimum of two (2) off street parking space shall be required for an accessory living unit and shall conform to the off street parking and loading requirements of chapter 8-13 of this title.

      10.   If no principal residence exists on a lot or parcel at the time of construction, a new residence shall be classified as the principal residence. The original residence may be reclassified as an accessory living unit if a new, principal residence is to be constructed. provided the landowner obtains a change of use building permit for the existing home and both structures meet all zoning and design standards of this title.

   B.   Churches, Community Assembly Halls And Fraternal Organizations:

      1.   Front Setback; Lot Width: The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property.

      2.   Screening Of Mechanical Equipment: Mechanical equipment must be screened to limit sound transfer to nearby residentially zoned properties.

      3.   Drainage: Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts the subject property.

      4.   Loading, Delivery Entrances: Any loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of such activities into the adjacent residential neighborhood.

      5.   Outdoor Lighting: All outdoor lighting shall comply with subsection 8-14-2-4 of this chapter. Additionally, outdoor lighting fixtures, including parking lot lighting, shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned properties in the vicinity of the site.

      6.   Landscaping: Landscaping along property lines abutting residential uses shall be required, and shall meet the requirements of a type I or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

      7.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

      8.   Parking: Parking shall meet the standards of chapter 13 of this title.

      9.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy paved access, to include an off street passenger pick up and drop off area, of adequate design to accommodate emergency service vehicles.

      10.   Required Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      11.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      12.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

      13.   Food Service, Water, Wastewater: Any food service facilities, water supply and wastewater disposal, shall conform to regulations set by the state.

      14.   Alcohol: Any fraternal organizations or community assembly halls serving alcohol shall comply with local and state liquor licensing regulations.

      15.   Health, Safety Requirements: Health and safety requirements shall conform to the adopted fire and building codes, based upon the occupancy and type of construction.

   C.   Manufactured Homes:

      1.   Defined: For the purpose of this subsection C, "manufactured home" shall mean a structure constructed after June 15, 1976, that bears the seal of U.S. department of housing and urban development (HUD) and/or the federal housing administration (FHA) indicating it has met the manufactured home construction and safety standards of that agency, and when erected on site, is on a permanent chassis and designed to be used as a dwelling with a permanent foundation, and when connected to the required utilities, is in compliance with international building code requirements for plumbing, heating, air conditioning and electrical systems contained therein, except that such term shall include any structure which meets all the requirements, for which the manufacturer voluntarily files the certification required by HUD/FHA that indicates that the structure complies with the established standards.

      2.   Site Area: Minimum site area within the applicable zone shall apply.

      3.   Setbacks: Setbacks within the applicable zone shall apply.

      4.   Development Standards On Individual Lots: Development standards for manufactured homes on individual lot:

         a.   Shall be multisectional and shall be no less than one thousand (1,000) square feet;

         b.   Shall have a pitched roof, with a slope not less than three feet (3') in height for each twelve feet (12') in width, designed to bear a fifty five (55) pound snow load;

         c.   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;

         d.   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;

         e.   Used manufactured homes will be permitted if they meet the requirements of subsection C1 of this section; and

         f.   Shall comply with state manufactured home installation standards.

   D.   Home Occupations:

      1.   Use Subordinate: The home occupation must be clearly subordinate, both visually and with respect to space occupied, to the primary residential use. Not more than twenty five percent (25%) of the gross floor area of the actual dwelling unit may be used in the conduct of the home occupation.

      2.   Outside Storage: No outside storage of goods, equipment, materials or other instruments of production or packaging of any kind related to the home occupation shall be permitted.

      3.   Appearance: There shall be no change in appearance that would alter the residential character of the premises.

      4.   Traffic: Vehicular and pedestrian traffic generated by such home occupation shall not significantly exceed the traffic attributable to a normal dwelling unit, and any need for parking generated by the conduct of such occupation shall be met with off street parking provided on the subject property.

      5.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      6.   Employees: No employees (other than occupants of the residence) of a permitted home occupation, shall work, gather, park or meet at the residence of a home occupation on a regular or frequent basis.

      7.   Hours Of Operation: Excepting activities conducted exclusively indoors with no external consequences, operation of a permitted home occupation shall not be conducted prior to six o'clock (6:00) A.M. or after nine o'clock (9:00) P.M.

      8.   Hazards, Nuisances: No home occupation shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance beyond that caused by typical single-family residential occupancy in a residential neighborhood.

      9.   Prohibited Uses: Uses of the following type or with the following characteristics are expressly prohibited as home occupations:

         a.   Repair and/or servicing, storing or painting of automobiles, trucks, boats, recreational vehicles, snowmobiles, motorcycles and ATVs.

         b.   Any business creating external noise, odors, vibrations or other potential nuisance factors, including levels of customer traffic that could have the effect of disrupting peaceful occupancy of neighboring dwellings.

   E.   In Home Childcare: In home childcare, as defined, providing care for any part of a twenty four (24) hour day, is subject to the following:

      1.   State License Required: The childcare provider shall secure and maintain a basic daycare license from the State Department of Health and Welfare.

      2.   Zoning Permit Required: Prior to operation of the in home childcare facility, the provider shall submit a zoning permit application to the City and obtain approval, subject to the administrative review process of section 8-3-2 of this title.

      3.   Pick Up Area: Applicant shall provide for a paved (concrete or asphalt) on site child pick up area. If the in home daycare is located on a collector or arterial street, the child pick up area shall be designed to prevent vehicles from backing onto the roadway/street (backing into an alley is permissible).

      4.   Fenced Play Area: To protect the children from hazards, such as irrigation ditches, animals, or traffic, or to screen adjacent properties from adverse impacts, all play areas shall be enclosed by a minimum six foot (6') high fence.

   F.   Public Buildings:

      1.   Compatible: Public buildings, as may be allowed by special use permit in residential districts, shall be so designed as to be compatible and harmonious with the residential uses within the zone.

      2.   Front Setback; Lot Width: The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property.

      3.   Screening Of Mechanical Equipment: Mechanical equipment must be screened to limit sound transfer to nearby residentially zoned properties.

      4.   Drainage: Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts the subject property.

      5.   Loading, Entrances: Any loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of such activities into the adjacent residential neighborhood.

      6.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter. Additionally, outdoor lighting fixtures, including parking lot lighting, shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned properties in the vicinity of the site.

      7.   Landscaping: Landscaping shall be provided along property lines abutting residential uses, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

      8.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the City Council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

      9.   Parking: Parking shall meet the standards of chapter 13 of this title.

      10.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy paved access of adequate design to accommodate emergency service vehicles.

      11.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      12.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      13.   Refuse, Recycling Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   G.   Residential Care Facilities And Adult Daycare Facilities: Where outright allowed or allowed by special use permit, residential care facilities and "adult daycare" facilities, as defined in this t   title, shall meet the following requirements:

      1.   Appearance: Residential care facilities and adult daycare in residential zones shall be designed in such a manner as to be residential in appearance.

      2.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy paved access, to include an off street passenger pick up and drop off area, of adequate design to accommodate emergency service vehicles.

      3.   Paved Parking: When located in the residential zones or neighborhood-office overlay district, paved parking shall be provided in the rear of the building, in accordance with the parking requirements detailed in chapter 13 of this title.

      4.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      5.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

(Ord. 201, 11-15-2013; amd. Ord. 221, 5-1-2018; Ord. 227, 9-3-2019; Ord. 236, 6-6-2023)

   A.   Nonresidential Uses: The following design standards shall apply to all nonresidential uses within the neighborhood- office overlay:

      1.   Design: Commercial uses, as allowed by special use permit in this district, shall be so designed as to be compatible and harmonious with the residential uses within the zone.

      2.   Gross Square Footage Of Structures: Structures housing commercial uses, as allowed by special use permit, shall be limited to a gross square footage of two thousand (2,000) square feet.

      3.   Trip Generation: Average daily trip generation shall not exceed an estimated average daily vehicle trip generation of eighty (80) vehicle trips per day, as based upon the current edition of the Institute Of Transportation Engineers "Trip Generation Manual".

      4.   Hours Of Operation: Hours of operation shall be limited to the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., unless otherwise authorized by city council, as based upon the nature of the operation.

      5.   Front Setback; Lot Width: The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property.

      6.   Screening Of Mechanical Equipment: Mechanical equipment must be screened to limit sound transfer to nearby residentially zoned properties.

      7.   Fences: Fences shall be maintained along residential property lines to prevent the intrusion of unwanted light, dust or blowing debris.

      8.   Drainage: Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts neighborhood commercial and professional uses.

      9.   Loading, Delivery Entrances: Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of the commercial or professional office activities into the adjacent residential neighborhood.

      10. Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter. Additionally, outdoor lighting fixtures, including parking lot lighting, shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned properties in the vicinity of the site.

      11. Landscaping: Landscaping along property lines abutting residential uses shall be required, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

      12. Parking: Parking shall meet the standards of chapter 13 of this title.

      13. Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

   B.   Findings Required: All nonresidential uses, as may be allowed by special use permit within the neighborhood-office overlay, shall be found by the city council to meet the following standards, in order to be approved:

      1.   Application; Procedural Requirements: The application and procedural requirements for a special use permit, as detailed in sections 8-3A-2 and 8-3A-3 of this title, have been met.

      2.   Site, Building Regulations: The use, as proposed, is found to comply with site and building regulations within the zoning district, as provided for in sections 8-11-3 and 8-11-4 of this title.

      3.   Specific Standards: The use, as proposed or with conditions as may be specified by the city council, is found to meet the specific standards detailed in subsection A of this section.

      4.   Site Plan Approval: The city council has found that the application for a special use permit has met the standards for approval for a special use as provided in section 8-3A-4 of this title, as presented, or with conditions as specified by the city council. (Ord. 201, 11-15-2013)

In all zones, where permitted, or allowed by special use permit:

   A.   Aboveground Public Utility Facilities, Infrastructure: Aboveground public utility facilities and infrastructure (excluding cellular phone, radio, television towers and other communication transmission facilities, which are addressed in subsection G of this section):

      1.   Occupiable Structures Prohibited: No occupiable structures shall be permitted within any residential zones.

      2.   Minimize Impact To Residential Use: Public utility facilities and infrastructure shall be located and designed so as to minimize the impact to residential use.

      3.   Screening, Fencing, Landscaping: Visual screening, fencing, landscaping and other design features may be required by the city council as a condition of permit.

      4.   Access: Access to the site for maintenance purposes shall require off street parking for service vehicles, with an approach permit approved by the independent highway district.

      5.   Aboveground Facilities, Infrastructure: Aboveground public utility facilities and infrastructure shall be subject to site plan review requirements detailed in chapter 4 of this title.

   B.   Apartments, Multi-Family Structures: Apartment buildings/multi-family residential structures of four (4) or more units; and apartment complexes, consisting of two (2) or more multi-family buildings, under common ownership and served by shared access, parking, open space and amenities:

      1.   Building Design Features:

         a.   Main Entrances: Main entrances, which are the primary points of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting and address identification.

         b.   Weather Protection: Entrances shall be adequately covered, recessed or treated with a permanent architectural feature in such a way that weather protection is provided.

         c.   Windows: Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facade facing any common area used for children's recreation.

         d.   Screening Of Service Equipment: All roof and wall mounted mechanical, electrical, communications and service equipment shall be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures or by other suitable means.

      2.   Screening: Yards, fences, walls or vegetative screening shall be provided at the edges of the development to protect residents and adjacent property owners from undesirable views, including parking lot, storage and solid waste collection areas.

      3.   Parking Lot Standards: Parking lot screening, landscaping and lighting shall meet the standards established in section 8-13-5 of this title.

      4.   Solid Waste Storage Areas: 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.

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

      6.   Open, Recreation Space: Open and/or recreation space shall be provided as follows:

         a.   Requirements Specified:

 

 

         b.   Prohibited Utilization: The requirement for recreation space may not be satisfied through the utilization of required setbacks, parking areas, yards or building separation. One hundred (100) square feet of the required square footage per unit may be provided in private open space, such as patios and balconies.

         c.   Special Exceptions: As a special exception, the city council may approve a reduction of up to twenty percent (20%) of the required on site open and/or recreation space for:

            (1)   On Site Amenities: Construction/installation of on site recreational amenities, such as playground equipment, swimming pools, splash pads and community gardens; or

            (2)   Public Park Land: Development and dedication of public park land within one thousand feet (1,000') of the development, provided:

               (A)   Park improvements shall be consistent with the city standards for private and semipublic parks, and shall include installation of such amenities as may be approved by the city council; and

               (B)   Said park lands shall be dedicated to the city for public use.

   C.   Animal Clinics And Veterinary Hospitals:

      1.   Distance, Setbacks; Exception: Shall be located at least five hundred feet (500') from any school or residence, including motels and hotels, hospitals, and residential care facilities, except for the owner's residence. The city council may grant an exception to this setback requirement if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property;

      2.   Outdoor Runs, Pasturing: If outdoor animal runs or pasturing of large animals are provided, such pastures or enclosures shall:

         a.   Setbacks: Meet setbacks as established for principal buildings within the zoning district; and

         b.   Landscaping, Screening: Include landscaping, screening, fence and/or enclosure design, as may be necessary to confine the animals and screen them from views from abutting properties;

      3.   Sanitation: Shall contain facilities for the disposal of animal waste, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties; and

      4.   Compliance; Maintenance: Shall comply with all other state and local regulations relative to such operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties.

   D.   Bed And Breakfasts:

      1.   Defined: A bed and breakfast shall be a detached single-family dwelling, occupied and operated by the owner or a resident manager, where five (5) or fewer rooms are available for rent for a period not to exceed two (2) weeks per guest.

      2.   Meal Availability: Meals served from a central kitchen shall only be available to overnight guests.

      3.   Entrances To Guestrooms: Guestrooms shall not have separate outside entrances as the primary method of entrance and exit.

      4.   Alcohol Sales: Liquor, wine and beer shall not be available for sale within the establishment.

      5.   Maximum Occupancy Compliance: Events serving greater than the maximum occupancy of the facility shall not be permitted.

   E.   Boarding Kennels And Animal Training Schools:

      1.   Distance, Setbacks; Exception: Shall be located at least five hundred feet (500') from any school or residence, including motels and hotels, hospitals and residential care facilities, except for an owner's residence. The city council may grant an exception to this setback requirement if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property;

      2.   Screening: Shall have such screening fence or structures as may be necessary to confine the animals and screen them from views from abutting properties;

      3.   Sanitation: Shall contain facilities for the disposal of animal waste, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties; and

      4.   Compliance; Maintenance: Shall comply with all other state and local regulations relative to such operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties.

   F.   Call Centers:

      1.   Transportation Impact Analysis: In addition to the site plan review requirements detailed in chapter 4 of this title, call centers with a gross square footage of five thousand (5,000) square feet or greater shall be subject to the transportation impact analysis requirements described in subsection 8-4-4D1 of this title.

      2.   Parking: Because of the greater intensity of use and operation of a call center, as compared to other general or professional offices, required parking spaces shall be based upon two (2) times the planned number of employees (to account for shift changes), or double the required parking for general office/professional offices, as detailed in subsection 8-13-4C of this title.

   G.   Communication Facilities, Wireless (WCF):

      1.   Special Use Permit Required: In all zones where permitted, Wireless Communication Facilities (WCF) shall be subject to a special use permit. All applications for WCF shall include the following:

         a.   Written evidence of federally mandated National Environmental Policy Act (NEPA) review.

         b.   Objective signal strength data measured (in decibels per milliwatt dBm) by a neutral third-party radio frequency (RF) engineer that is selected by the city, the cost of which is borne by the applicant. The engineer will measure all frequencies/bands/channels/specified in the carrier's license and submit a report with the application. The data must demonstrate a need for the facility before it is permitted.

      2.   Conditions For Mitigation: A special use permit may be conditioned to mitigate impacts of site development. Conditions that may be appropriate for WCF may include, but are not limited to:

         a.   Size, Setback Modification: Modification of the required lot size or setbacks in the zoning district to accommodate the use;

         b.   Access Points: Control of the location and number of access points to the property;

         c.   Obstructions: Limiting the coverage or height of equipment/building structures, because of obstructions to views or incompatibility with surrounding uses;

         d.   Screening, Landscaping: Reducing or expanding requirements for screening or landscaping to maintain the property in character with the surrounding area. The wireless service provider will bear the cost of all required studies:

         e.   Future Alterations: Establishing requirements and procedures for review of future alterations to be reviewed by the city;

         f.   Detrimental Effects: Establish regulations to protect property and public health from the detrimental effects of the proposed use. The wireless service provider will bear the cost of all studies required;

         g.   Design Compatibility: Designating tower design to enhance compatibility with surroundings and the overall appearance of the city;

      3.   Parabolic Antennas: Parabolic antennas, which are a component of communication transmission facilities, shall be of the minimum diameter technically possible, but shall not exceed a diameter of six feet (6').

      4.   Location Of WCF: Wireless Communication Facilities including transmission structures and any associated antennas and equipment shall not be located within one thousand five hundred (1,500) feet of an existing school or day care or in the following zones or within the rights of way within these zones:

         a.   Residential zones;

         b.   Mixed residential with commercial zones.

      5.   All Wireless Communication Facilities must be located to provide service to the City and shall not be located within city limits if that facility will exclusively serve other jurisdictions. The service provider shall submit an assessment prepared by an RF engineer that indicates irrefutable evidence that the facility is needed to provide service to the City of Kootenai residents. This evidence shall be reviewed by a third-party RF engineer working on behalf of the city and all review fees will be borne by the service provider.

      6.   Minor Modifications: Minor modifications of existing WCF are permitted, provided there is no significant change in the visual appearance of the facility. Minor modifications include, but are not limited to, the addition of transmission and/or reception devices to communication transmission facilities that do not materially change its appearance.

      7.   Abandonment: Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned. The owner of such antenna or tower shall remove the same within sixty (60) days of receipt of notice from the city.

      8.   Roof Mounted Facilities: Design standards for roof mounted facilities:

         a.   Height: Roof mounted WCF may extend above the highest portion of the roof, including parapet walls, by a distance equal to its distance to the nearest exterior wall. The maximum height for any roof mounted facility, including the building, shall be one hundred feet (100').

         b.   Setback: Roof mounted WCF 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.

      9.   Facade Mounted Facilities: Design standards for facade mounted facilities:

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

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

         c.   Color Of Attachments: 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.

      10.   Utility Pole Mounted: Design standards for utility pole mounted:

         a.   Height: Maximum height of one hundred thirty three percent (133%) of the height of the utility pole, or an additional fifteen feet (15'), whichever is greater.

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

         c.   Concealment: The antenna shall be either fully concealed within the utility pole or face mounted (not to exceed eighteen inches (18") 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: 1) a screening wall or fence surrounded by a five foot (5') wide landscape planter; or 2) 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 communications transmission facility shall be relocated to another location pursuant to the requirements of this section.

         g.   Zoning Restrictions: Utility poles within residential zones may not be used for WCF.

      11.   Freestanding Facilities: Design standards for freestanding facilities:

         a.   Monopole Structures: Freestanding support structures for communications transmission facilities shall be monopole structures, unless the City Council approves a different structure for purposes of enhancing integration of the design into the affected landscape.

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

         c.   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 property boundaries by one hundred percent (100%) of the tower height as measured from ground level.

         d.   Color: Freestanding towers shall be a neutral color, simulate a standard utility pole, or otherwise be camouflaged or disguised so as to make the tower as unobtrusive as possible.

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

         f.   Landscaping, Screening: Landscaping and screening shall be installed to visually screen the support structure and aboveground equipment enclosures. Landscaping and screening shall consist of a visual screen, as described in section 8-14-2-10 of this chapter; a type I sight barrier buffer, or type I alternate landscape screening, as detailed in subsection 8-14-2-3E of this chapter; or, as may be required and/or approved by the City Council.

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

      12.   Replacing Antenna: Replacement antenna arrays may be located on an existing support structure or building without a special use permit or site plan review subject to location requirements in section G4. If the replacement antennas are within a residential zone a site plan review shall be required. New antenna arrays or new technology on an existing WCF will require a site plan review but shall require a special use permit if the height of said freestanding facility is increased by more than fifteen feet (15').

   H.   Childcare Centers:

      1.   Generally:

         a.   Net Floor Area: There shall be a minimum of thirty five (35) square feet of net floor area indoors per client. This space shall be measured wall to wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms and kitchen.

         b.   Parking, Pick Up Areas: On site vehicle parking and pick up and turnaround areas shall be provided to ensure safe discharge and pick up of clients; such areas will be designed to prevent vehicles from backing onto the roadway/street.

         c.   Maximum Number: The City Council shall specify the maximum number of allowable clients as a condition of approval, based on the requirements of this title and Idaho Code.

         d.   Compatibility: The City Council shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed daycare center with such uses. The City Council may require additional conditions as are necessary to protect the public health, safety and welfare of the clients.

         e.   Distances To Specific Uses: No portion of the facilities used by clients may be within three hundred feet (300') of an existing explosive or hazardous material storage, including, but not limited to, the following uses: brewery, distillery or winery, explosive manufacturing or storage, flammable substance storage, gasoline, diesel or alternative fuel sales facility, and manufacture or processing of hazardous chemicals or gases.

         f.   State License Required: The daycare center operator shall secure and maintain a daycare center license from the State Department of Health and Welfare.

         g.   Outdoor Play Area: The daycare center operator shall provide a minimum outdoor play area of one hundred (100) square feet per child. The minimum play area requirement may be waived if: 1) there is greater or equal area of parks that abut the facility that can be used by the children; or 2) the program design is such that the number of children using the play area at any one time conforms to the one hundred (100) square foot per child criteria.

         h.   Enclosure; Screening: All outdoor play areas shall be completely enclosed by a minimum of six foot (6') barriers to secure against exit/entry by small children and to screen abutting properties.

         i.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter.

         j.   Parking: Parking shall meet the standards of chapter 13 of this title.

         k.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         l.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         m.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

      2.   Within Residential Zone:

         a.   Compatibility: Childcare centers, as may be allowed by special use permit in residential districts, shall be so designed as to be compatible and harmonious with the residential uses within the zone.

         b.   Front Setback; Lot Width: The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property.

         c.   Screening Of Mechanical Equipment: Mechanical equipment must be screened to limit sound transfer to nearby residentially zoned properties.

         d.   Drainage: Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts the subject property.

         e.   Outdoor Lighting: Outdoor lighting fixtures, including parking lot lighting, shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned properties in the vicinity of the site.

         f.   Landscaping: Landscaping along property lines abutting residential uses shall be required, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

   I.   Commercial And Private Resorts:

      1.   Permitted Activities: Activities permitted must be compatible with the recreational activities of a resort and may include outdoor facilities for swimming, boat launching, boat rentals, fishing, hunting, camping, picnicking, skiing, snowmobiling, lawn tennis, volleyball, badminton, golf and horseback riding. Other outdoor activities not specified may be permitted only if the activities are a part of the operation of a resort.

      2.   Limited Commercial Uses: Limited commercial uses permitted may include convenience food store, restaurant, bar, retail fuel service, recreational vehicle park, motel, hotel, camping facility, laundry facility, retail sales shops for sporting equipment, souvenirs, and art and handicraft items.

         a.   Setbacks; Standards: Limited commercial use permitted in a commercial resort must meet the required setbacks and standards for uses in the appropriate zone. Limited commercial uses are permitted as accessory uses and are incidental to the overall operation of the resort.

         b.   RV Parks: Recreational vehicle park standards:

            (1)   Parking: Recreational vehicle parking must be located at least one hundred feet (100') from any property boundary abutting a residential district.

            (2)   Separation Requirements: Recreational vehicles shall be separated from each other and from other structures by at least ten feet (10'). Any accessory structures, such as attached awnings or carports, shall, for the purpose of this separation requirement, be considered to be part of the recreational vehicle.

            (3)   Parking Pad Material Requirement: Each recreational vehicle lot/space shall contain a stabilized vehicular parking pad composed of paving, compacted crushed gravel or other all weather material.

      3.   Prohibited Uses: General commercial wholesale and retail sales and services not associated with the activities of a commercial resort are prohibited.

      4.   Distance To Residential District: No structure or driveway shall be located within one hundred feet (100') of a property line abutting a residential district.

      5.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access of adequate design to accommodate emergency service vehicles.

      6.   Internal Roads And Parking Service Areas: Internal roads and parking service areas within the resort shall provide safe and convenient access for service and emergency vehicles and to amenities within the recreational vehicle park. Internal roads shall not be designed to encourage use by outside traffic to traverse the resort to adjoining developed areas.

      7.   Landscaping: Landscaping along property lines shall be required, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter. Visual screening, including fences, walls or vegetative screening, as detailed in section 8-14-2-10 of this chapter shall be provided along property lines abutting residential districts that are adjacent to any outdoor recreational facilities, gathering places, campsites, cabins, recreational vehicle park areas, off street parking areas, service areas for loading and unloading purposes, and areas for storage and collection of refuse.

      8.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

      9.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      10. Signage: All signage shall comply with the provisions of chapter 15 of this title.

      11. Hotels, Motels, Inns: Any hotels, motels or inns to be developed as a part of the resort shall also meet the standards detailed in subsection M of this section.

      12. Outdoor Assembly, Event Areas: Any outdoor assembly or event areas shall also meet the standards detailed in subsection P of this section.

      13. Conditions: The city council may attach such reasonable conditions as the record indicates may be necessary to visually screen, control dust, manage traffic, buffer adjoining uses, or to mitigate effects on water and air quality.

   J.   Food Processing Operations (Excluding Slaughterhouses And Rendering Plants):

      1.   Location; Setback: Food processing operations, as may be allowed by special permit, shall be located not less than six hundred feet (600') from any residence, except for an owner's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line.

      2.   Location; Design: Such facilities shall be designed and located with full consideration to their proximity to adjacent uses, to their effect upon adjacent and surrounding properties and to the reduction of such nuisance factors as odor.

      3.   Maintenance: Such facilities shall be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the requirements of the health authority as to the elimination of waste materials and maintenance of water quality control.

      4.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

   K.   Funeral Homes:

      1.   Location Of Entrances: Any loading and delivery entrances shall be located away from the interface with any adjacent residential uses or shall be screened to prevent the intrusion of such activities into the adjacent neighborhood.

      2.   Landscaping: Landscaping along property lines abutting residential uses shall be required, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

      3.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

      4.   Parking: Parking shall meet the standards of chapter 13 of this title, with the number of required parking spaces meeting the requirements for community assembly, as listed in subsection 8-13-4B of this title.

      5.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy paved access, to include an off street passenger pick up and drop off area, and adequate paved area to provide for funeral procession queuing, while maintaining ingress and egress to the site.

      6.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      7.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      8.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   L.   Hospitals, Skilled Care Facilities, Residential Institutions And Residential Care Facilities:

      1.   Paved Driveway Approaches: Such facilities shall be served by two (2) or more paved driveway approaches, with at least one located on a collector or arterial street.

      2.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access, to include an off street passenger pick up and drop off area of adequate design to accommodate emergency service vehicles.

      3.   Traffic Impact Analysis: A traffic impact analysis shall be required for hospitals, skilled care facilities and residential care facilities over twenty thousand (20,000) square feet.

      4.   Parking: Parking shall meet the standards of chapter 13 of this title, with the number of required parking spaces meeting the requirements for hospitals/healthcare, as listed in subsection 8-13-4B of this title.

      5.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      6.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      7.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

      8.   Accessory Retail Uses: Accessory retail uses, including, but not limited to, retail shops, food or beverage service and personal service shops, may be allowed if designed to serve patrons of the facility and their visitors only.

   M.   Hotels, Motels And Inns (Excluding "Bed And Breakfast", As Defined In Section 8-2-2 Of This Title):

      1.   Location To Residential District: No structure or driveway shall be located within one hundred feet (100') of a property line abutting a residential district.

      2.   Ingress, Egress: The site shall provide at least two (2) separate means of ingress and egress designed to accommodate emergency service vehicles. Means of ingress and egress to the site shall be so designed as to minimize congestion on the adjacent roadways.

      3.   Passenger Loading, Unloading: The site design shall include an area for passenger loading and unloading, with queuing spaces commensurate with the size of the facility and accessory uses contained therein.

      4.   Accessory Retail Uses: Accessory retail uses, including, but not limited to, restaurants, retail shops, event facilities, eating and drinking establishments and personal service shops may be allowed if such facilities are permitted within the zoning district, or if such facilities are wholly contained within the hotel or motel structure. Parking for such accessory uses shall be calculated in accordance with parking requirements detailed in subsection 8-13-4C of this title, and shall be calculated in addition to the parking requirements for the hotel/motel operation, as based upon the number of rental units.

      5.   Outdoor Recreation Area: No outdoor recreation area associated with the hotel or motel shall be located within twenty five feet (25') of a residential district. Additional setbacks may be required by the city council as a condition of approval, depending upon the nature of the recreational use and the potential for impact to adjacent residential uses. If an outdoor swimming pool is proposed on site, the pool shall be fully enclosed with a minimum six foot (6') fence, with type I alternate landscaping, as described in subsection 8-14-2-3E2 of this chapter, installed and maintained along all sides facing residentially zoned property.

      6.   Landscaping, Buffering: In addition to landscaping and buffering requirements detailed in section 8-14-2-3 of this chapter, the city council may require additional landscaping and screening and other such conditions as may be necessary to buffer adjacent uses and ensure compatibility with the character of the neighborhood.

   N.   Event Facilities, Including Stadiums, Auditoriums, Exhibition Halls And Convention Centers:

      1.   Location To Residential District: No structure or driveway shall be located within one hundred feet (100') of a property line abutting a residential district.

      2.   Paved Driveway Approaches: Such facilities shall be served by two (2) or more paved driveway approaches, with at least one located on a collector or arterial.

      3.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access, of adequate design to accommodate emergency service vehicles, and with an off street passenger pick up and drop off area, with queuing spaces commensurate with the size of the facility.

      4.   Traffic Impact Analysis: A traffic impact analysis shall be required for event facilities over ten thousand (10,000) square feet. For purposes of this requirement, outdoor assembly areas shall be included in the area calculation.

      5.   Landscaping: Landscaping along property lines abutting residential uses shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

      6.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

      7.   Parking: Parking shall meet the standards of chapter 13 of this title, with the number of required parking spaces meeting the requirements for community assembly, as listed in subsection 8-13-4B of this title.

      8.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      9.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      10.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

      11.   Outdoor Assembly, Event Areas: Any outdoor assembly or event areas shall also meet the standards detailed in subsection P of this section.

   O.   Medical And Dental Clinics And Services:

      1.   Paved Driveway Approaches: Medical and dental clinics over fifteen thousand (15,000) square feet shall be served by two (2) or more paved driveway approaches, with at least one located on a collector or arterial.

      2.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access, to include an off street passenger pick up and drop off area of adequate design to accommodate emergency service vehicles.

      3.   Traffic Impact Analysis: A traffic impact analysis shall be required for medical and dental clinics over ten thousand (10,000) square feet.

      4.   Parking: Parking shall meet the standards of chapter 13 of this title, with the number of required parking spaces meeting the requirements for medical/dental/healthcare practitioner office, as listed in subsection 8-13-4C of this title.

      5.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      6.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      7.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   P.   Outdoor Theaters, Recreational And Entertainment Facilities:

      1.   General Standards:

         a.   Setback: All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100') from all abutting residential districts.

         b.   Location To Residential District: No structure or driveway shall be located within one hundred feet (100') of a property line abutting a residential district.

         c.   Paved Driveway Approaches: Such facilities shall be served by two (2) or more paved driveway approaches. Ingress and egress onto the site shall be so designed as to provide safe and easy access, of adequate design to accommodate emergency service vehicles.

         d.   Landscaping: Landscaping along property lines abutting residential uses shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

         e.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

         f.   Parking: Parking shall meet the standards of chapter 13 of this title, with the number of required parking spaces meeting the requirements for the specific planned use, as listed in subsection 8-13-4C of this title.

         g.   Traffic Impact Analysis: A traffic impact analysis shall be required, if so warranted, as based upon the thresholds for traffic generation as described in section 8-4-4D of this title.

         h.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         i.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         j.   Hours Of Operation: Hours of operation may be limited by the city council, depending upon the nature of the use, and the potential for impact to residential properties.

      2.   Outdoor Movie Theater:

         a.   Location Of Screen: The projection screen shall not be located nearer than fifty feet (50') from any public street, shall not be visible from a public street, and shall not be located nearer than three hundred feet (300') from a residential district.

         b.   Access: The site shall have access from a collector or arterial street. Vehicle queuing lanes, commensurate with the capacity of the movie theater, shall be available on the property, but outside the theater entrance. Queuing lanes shall have sufficient capacity to prevent obstruction of the public right of way by theater patrons.

         c.   Fencing: A six foot (6') sight obscuring fence, wall or screen shall be included in the landscape plan for all property lines abutting a residential district.

         d.   Accessory Retail Uses: Accessory retail uses, including, but not limited to, food or beverage service associated with the theater, may be allowed if designed for use by patrons of the drive-in theater only.

      3.   Golf Driving Range: Accessory sales and rental of golf equipment shall be allowed. The golf driving range shall be designed to protect abutting property and roadways from golf balls.

      4.   Swimming Pool: Any outdoor swimming pool shall be completely enclosed within a six foot (6') fence.

   Q.   Private Parks:

      1.   Parklike Landscaping: Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient quantities to ensure a parklike appearance.

      2.   Irrigation: All grass, plantings and landscaping shall be served by an irrigation system.

      3.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter. Additionally, outdoor lighting fixtures, including parking lot lighting, shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned properties in the vicinity of the site.

      4.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

      5.   Landscaping Along Residential Boundaries: Landscaping along residential property boundaries shall be required, and shall meet the requirements of a type I, type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter, or other such buffering as may be required along residential property boundaries, or adjacent to facilities that are anticipated to attract spectators, if determined by the city council to be necessary to screen and buffer park and recreational facility uses from adjacent residential uses.

      6.   Compatibility: The entire layout and design shall be arranged to be compatible with adjacent uses, and in harmony with the character of the neighborhood and the zone in which it is located.

      7.   Ingress, Egress: Adequate ingress and egress and off street parking shall be provided for vehicles, bicyclists and pedestrians which the park is intended to serve. Off street parking areas shall be constructed in accordance with design standards detailed in section 8-13-5 of this title.

      8.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      9.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

   R.   Public And Private Schools:

      1.   Generally:

         a.   Bus Queuing Area: On site bus queuing, student pick up and drop off queuing, vehicle parking and turnaround areas shall be provided to ensure safe discharge and pick up of students; such areas will be designed to prevent vehicles from backing onto the roadway/street.

         b.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy paved access of adequate design to accommodate emergency service vehicles.

         c.   Distance To Hazardous Areas: No portion of the facilities used by students may be within five hundred feet (500') of an existing explosive or hazardous material storage, including, but not limited to, the following uses: brewery, distillery or winery, explosive manufacturing or storage, flammable substance storage, gasoline, diesel or alternative fuel sales facility, and manufacture or processing of hazardous chemicals or gases.

         d.   Landscaping: Landscaping shall be installed in accordance with the standards as detailed in section 8-14-2-3 of this chapter.

         e.   Fencing Of Outdoor Play Areas: Outdoor play areas adjacent to arterial streets or abutting residential properties shall be enclosed by a minimum six foot (6') fence.

         f.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter.

         g.   Parking: Parking shall meet the standards of chapter 13 of this title.

         h.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         i.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         j.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

         k.   Compatibility: The city council shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed school with such uses. The city council may require additional conditions as are necessary to protect the public health, safety and welfare of the students and surrounding property owners.

      2.   Within Residential Zone:

         a.   Compatibility: Schools, as may be allowed by special use permit in residential districts, shall be so designed as to be compatible and harmonious with the residential uses within the zone.

         b.   Front Yard Setback; Lot Width: The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property.

         c.   Screening Of Mechanical Equipment: Mechanical equipment must be screened to limit sound transfer to nearby residentially zoned properties.

         d.   Drainage: Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts the subject property.

         e.   Loading, Delivery Entrances: Any loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of such activities into the adjacent residential neighborhood.

         f.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter. Additionally, outdoor lighting fixtures, including parking lot lighting, shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned properties in the vicinity of the site.

         g.   Landscaping: Landscaping along property lines abutting residential uses shall be required, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

         h.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by the city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

   S.   Residential Uses In Commercial Structure/Industrial Structure:

      1.   Entrance, Egress: Residential uses in principal commercial and industrial structures shall be so designed as to have a separate exterior entrance from the commercial or industrial uses, and all units shall have a secondary means of emergency egress.

      2.   Building, Fire Codes: All applicable city, state and federal building regulations and fire codes pertaining to firewall separations between the commercial and/or industrial uses shall be met.

      3.   Soundproofing: Wall floor and ceiling separations between individual units and commercial and/or industrial uses shall be soundproofed in accordance with international building code requirements.

      4.   Number Permitted: Only one residential unit will be permitted within a principal industrial structure.

      5.   Parking: Parking shall meet the standards of chapter 13 of this title, with required parking spaces for residential uses provided in addition to the required parking for the principal use.

      6.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

   T.   Retail And Wholesale Sales And Services Over Thirty Thousand Square Feet And Under One Hundred Thousand Square Feet:

      1.   Driveway Approaches: Such facilities shall be served by two (2) or more paved driveway approaches, with at least one located on a collector or arterial.

      2.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access of adequate design to accommodate truck deliveries and emergency service vehicles.

      3.   Loading, Delivery Areas: Loading and delivery areas shall be designed to provide adequate on site maneuvering to ensure that truck ingress and egress can be accomplished without the vehicle backing up within a public right of way.

      4.   Location Of Loading, Delivery Entrances: Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of such activities into the adjacent residential neighborhood.

      5.   Traffic Impact Analysis: A traffic impact analysis shall be required.

      6.   Parking: Parking shall meet the standards of chapter 13 of this title.

      7.   Outdoor Sales, Display Areas: Outdoor sales and display areas shall not encroach on required parking spaces, and shall meet the requirements of subsection 8-13-5B3 of this title.

      8.   Accessory Commercial Uses: Accessory commercial uses shall meet the requirements of subsection Z of this section.

      9.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter.

      10.   Site Improvements: All other site improvements, as detailed in section    8-4-5 of this title, shall be required.

      11.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      12.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   U.   Roadside Stands Not Meeting Setback Requirements: Roadside stands not meeting setback requirements may be allowed by special use permit in the agriculture and rural zones only, provided they meet the following standards:

      1.   Size, Use: Such roadside stands may not be larger than three hundred (300) square feet in gross area, and may only be used for the sale of agricultural products produced on the same site.

      2.   Ingress, Egress, Parking: Ingress and egress, parking and vehicular pull offs adequate to accommodate off street parking shall be so designed as to provide safe and easy access.

      3.   Location On Private Property: The roadside stand itself or parking pull off areas shall be wholly located on private property. In no event shall any portion of the structure, parking or pull off area serving the roadside stand be located in public right of way.

      4.   Months Prohibited: Operation of roadside stands not meeting setback requirements shall not be permitted during the months of November through March.

   V.   Small Accessory Commercial Activities And Operations (Including Drive-Through Food And Beverage Stands And Temporary Seasonal Retail Operations) Of Less Than Seven Hundred Fifty Square Feet, As An Accessory Commercial Use:

      1.   Area: Small accessory commercial uses shall be clearly subordinate to a principal commercial use on the subject property, with all temporary and permanent structures and display areas associated with the small commercial activity and operation not exceeding seven hundred fifty (750) square feet in area. For purposes of this area calculation, access aisles, parking and queuing areas shall not be considered.

      2.   Parking, Pavement Requirements: Accessory commercial uses shall be served by paved approaches, parking and maneuvering areas meeting the standards detailed in chapter 13 of this title, however, such uses shall be served by no less than three (3) parking spaces in addition to those required for the principal use located on the subject property.

      3.   Accessory Commercial Uses: Accessory commercial uses, including associated display lots, access aisles, parking and queuing areas shall not encroach on required parking spaces for the principal use on the subject property.

      4.   Drive-Through Services: All establishments providing drive-through service shall identify the queuing lane, menu and speaker location (if applicable), and window location on the site plan submitted with the special use permit application.

      5.   Queuing: Queuing shall meet the requirements detailed in subsections 8-13-4C and 8-13-5F3c of this title. No queuing shall be located within ten feet (10') of any residentially zoned property.

      6.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter.

      7.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      8.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

   W.   Solid Waste Transfer Station, Recycling Facility, Reuse Center Or Material Recovery Facility:

      1.   Screening: The site shall be visually screened from the street by a screen composed of a masonry or concrete wall planted on the exterior side with landscaping meeting the standards detailed for a type III visual relief buffer as detailed in subsection 8-14-2-3E4 of this chapter. The screen shall be of sufficient height so that no storage containers shall be visible above the required screening.

      2.   Maintenance: All grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance.

      3.   Location Of Processing Facilities, Activity Areas: All mechanical equipment emissions; power driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding or other processing activities necessary for efficient temporary storage and shipment of materials); and/or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts.

      4.   Storage Of Hazardous Materials: For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of five hundred feet (500') from any residence, residential care facility, hospital, school, hotel or motel.

      5.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access of adequate design to accommodate emergency service vehicles.

      6.   Driving Areas Surfacing: All driveways into and through the facility, and any parking, maneuvering or open area with a driving surface shall be surfaced with a dustless material, including, but not limited to, asphalt, concrete, pavers or bricks. No driveway shall be located within one hundred feet (100') of a property line abutting a residential district.

      7.   Queuing Areas: Any queuing areas shall meet the requirements detailed in subsections 8-13-4C and 8-13-5F3c of this title. No queuing shall be located within ten feet (10') of any residentially zoned property.

      8.   Parking: Parking shall be provided in accordance with the standards detailed in chapter 13 of this title.

      9.   Outdoor Lighting: All outdoor lighting shall comply with section 8-14-2-4 of this chapter.

      10.   Site Improvements: All other site improvements, as detailed in section    8-4-5 of this title, shall be required.

      11.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      12.   After Hours Use: Additional standards for after hours (unattended) recycling or reuse collection centers:

         a.   Setback: Any container provided for after hours donation of recyclable or reusable materials shall be a minimum of one hundred feet (100') from any abutting residential district, and shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected.

         b.   Standards: Standards as detailed in subsection W12a of this section shall apply to such collection centers.

   X.   Swap Meets, Flea Markets And Farmers' Markets:

      1.   Exceptions: The provisions of this subsection shall not apply to:

         a.   Charitable And Similar Events: An event held not more than two (2) times per calendar year, which is organized and operated for religious, educational, hospital or other charitable purposes.

         b.   Residential Type Events: An event held not more than two (2) times per calendar year, which is operated out of a residential dwelling, including, but not limited to, garage, yard, moving and estate sales and private auctions.

      2.   General Requirements:

         a.   Hours Of Operation: Hours of operation for outdoor swap meets, flea markets and farmers' markets shall be limited to the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., unless otherwise authorized by city council.

         b.   Parking: Parking shall be constructed in accordance with design standards detailed in section 8-13-5 of this title, with the number of required parking spaces meeting the requirements for retail sales, as listed in subsection 8-13-4C of this title, with one additional parking space being provided for each vendor stall.

         c.   Landscaping: Landscaping along property lines abutting residential uses shall be required, and shall meet the requirements of a type I, or type I alternate landscaping, as detailed in section 8-14-2-3 of this chapter.

         d.   Fencing: Fencing may be required as a condition of permit along residential property lines if determined by city council to be necessary to ensure the compatibility with the adjacent neighborhood, or to prevent the intrusion of unwanted light, dust or blowing debris.

         e.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         f.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         g.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   Y.   Warehousing And Storage:

      1.   Ministorage, Self-Storage And Rental Warehousing:

         a.   Security Fencing: Security fencing, six feet (6') in height, shall be installed and maintained around the site. Fencing materials shall complement exterior building materials (similar color, material and/or detailing) of storage buildings, except where obscured from public view with landscaping.

         b.   Prohibited Uses: Areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item from or at a rental warehouse, ministorage or boat storage facility is specifically prohibited.

         c.   Landscaping: Landscaping shall be provided as required in section 8-14-2-3 of this chapter, excepting that type I or type I alternate landscaping, as detailed in subsection 8-14-2-3E of this chapter, shall be required along all street frontages, and any portions of the property abutting or adjacent to residentially zoned property.

         d.   Lighting: Lighting shall be provided in compliance with section 8-14-2-4 of this chapter.

         e.   Parking: Parking shall be provided in accordance with chapter 13 of this title. Access aisles, loading, delivery and maneuvering areas shall be so designed as to accommodate tractor trailers and truck trailers combinations so as to ensure that ingress and egress of these vehicles can be accomplished without the vehicle backing up within a public right of way.

         f.   Drainage: Drainage from buildings and parking lot areas shall be detained on site or shall be directed away from residential land which abuts the subject property.

         g.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         h.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         i.   Specific Requirements: Ministorage, self-storage warehousing and rental warehousing shall comply with all other provisions detailed in section 8-14-2-8 of this chapter.

         j.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

      2.   Outdoor Recreational Vehicle And Boat Storage Facilities:

         a.   Security Fencing: Security fencing, six feet (6') in height, shall be installed and maintained around the site.

         b.   Use As Dwelling; Camping Prohibited: Equipment shall not be used as dwellings nor shall overnight camping be permitted in equipment storage areas.

         c.   Landscaping: Landscaping shall be provided as required in section 8-14-2-3 of this chapter, excepting that type I or type I alternate landscaping, as detailed in subsection 8-14-2-3E of this chapter, shall be required along all street frontages and any portions of the property abutting or adjacent to residentially zoned property.

         d.   Lighting: Lighting shall be provided in compliance with section 8-14-2-4 of this chapter.

         e.   Parking, Pavement Requirements: Storage areas shall be paved in accordance with subsection 8-13-5B3 of this title. Access aisles, loading, delivery and maneuvering areas shall be so designed as to accommodate truck trailers combinations so as to ensure that ingress and egress of these vehicles can be accomplished without the vehicle backing up within a public right of way.

         f.   Drainage: Drainage from buildings and parking lot areas shall be detained on site or shall be directed away from residential land which abuts the subject property.

         g.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         h.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         i.   Specific Requirements: Outdoor recreational vehicle and boat storage facilities shall comply with all other provisions detailed in section 8-14-2-8 of this chapter.

      3.   All Other Commercial Warehousing And Storage:

         a.   Driveway Approaches: Such facilities shall be served by two (2) or more paved driveway approaches, with at least one located on a collector or arterial.

         b.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access of adequate design to accommodate truck deliveries and emergency service vehicles.

         c.   Loading, Delivery Areas: Loading and delivery areas shall be designed to provide adequate on site maneuvering to ensure that truck ingress and egress can be accomplished without the vehicle backing up within a public right of way.

         d.   Location Of Loading, Delivery Areas: Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of such activities into the adjacent residential neighborhood.

         e.   Landscaping: Landscaping shall be provided as required in section 8-14-2-3 of this chapter.

         f.   Lighting: Lighting shall be provided in compliance with section 8-14-2-4 of this chapter.

         g.   Parking: Parking shall be provided in accordance with chapter 13 of this title.

         h.   Drainage: Drainage from buildings and parking lot areas shall be detained on site or shall be directed away from residential land which abuts the subject property.

         i.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

         j.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

         k.   Refuse, Recycling Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   Z.   Wholesale Sales And Shipping Operations (Including Distribution Centers):

      1.   Paved Driveway Approaches: Such facilities shall be served by two (2) or more paved driveway approaches, with at least one located on a collector or arterial street.

      2.   Ingress, Egress: Ingress and egress onto the site shall be so designed as to provide safe and easy access of adequate design to accommodate truck deliveries and emergency service vehicles.

      3.   Traffic Impact Analysis: Based upon the size and nature of the facility, a traffic impact analysis (TIA) may be required.

      4.   Loading, Delivery Areas: Loading and delivery areas shall be designed to provide adequate on site maneuvering to ensure that truck ingress and egress can be accomplished without the vehicle backing up within a public right of way.

      5.   Location Of Loading, Delivery Entrances: Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of such activities into the adjacent residential neighborhood.

      6.   Storage: All storage shall be designed in accordance with the requirements of section 8-14-2-8 of this chapter.

      7.   Landscaping: Landscaping shall be provided as required in section 8-14-2-3 of this chapter.

      8.   Lighting: Lighting shall be provided in compliance with section 8-14-2-4 of this chapter.

      9.   Parking: Parking shall be provided in accordance with chapter 13 of this title.

      10.   Drainage: Drainage from buildings and parking lot areas shall be detained on site or shall be directed away from residential land which abuts the subject property.

      11.   Site Improvements: All other site improvements, as detailed in section 8-4-5 of this title, shall be required.

      12.   Signage: All signage shall comply with the provisions of chapter 15 of this title.

      13.   Refuse, Recycling Collection Areas: Refuse and recycling collection areas shall be fully enclosed behind sight obscuring fencing, solid walls or other sight obscuring enclosure, with adequate paved access to and from the refuse collection area.

   AA.   Wind Energy System, Small: Where permitted, small wind energy systems must meet the following design standards:

      1.   Minimum Lot Size:

         a.   Residential: In all residential zones where permitted, the minimum lot size shall be one-half (1/2) acre for one small wind energy system, with one additional wind energy system permitted for each additional two (2) acres per parcel.

         b.   Commercial/Industrial: Where permitted in commercial/industrial zones, there is no minimum lot size, provided all setback requirements have been met.

      2.   Setback Requirements: The tower and turbine for the small energy wind system shall be set back a minimum distance equal to the tower height, plus the length of one blade of the rotor from:

         a.   Right Of Way: Any public road right of way.

         b.   Utility Lines: Any overhead utility lines.

         c.   Property Boundaries: All property boundaries.

      3.   Height Limits:

         a.   Residential zones: The height of the tower plus the length of one turbine blade shall not exceed eighty feet (80').

         b.   Commercial/industrial zone: The height of the tower plus the length of one turbine blade shall not exceed one hundred twenty feet (120').

      4.   Design Requirements:

         a.   Turbine Rotation: Maximum turbine rotation design speed shall not exceed three hundred (300) rotations per minute.

         b.   Tower/Pole Design:

            (1)   Monopole, Lattice: The tower/pole shall be of a monopole or lattice tower design.

            (2)   Guywires Prohibited: Tower/pole guywires shall be prohibited.

            (3)   Building, Electrical Codes: The tower/pole shall be designed and constructed in accordance with the requirements of the international building and electrical codes in effect at the time of construction, with construction plans wet stamped by a licensed engineer qualified to stamp structural designs in the state.

         c.   Color: The turbine and tower/pole shall remain painted and/or finished in a neutral, nonreflective color.

         d.   Lighting: A wind tower and generator shall not be artificially lighted unless such lighting is required by the federal aviation administration.

         e.   Access:

            (1)   Labeling: All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

            (2)   Step Bolts: The tower shall be designed and installed so as not to provide step bolts of a ladder readily accessible to the public for a minimum height of eight feet (8') above the ground.

         f.   Signage: Commercial markings, messages, banners or signage located on the turbine and/or tower/pole shall be prohibited.

   BB.   Wind Energy System, Distributed: Where allowed by special use permit, distributed wind energy systems must meet the following design standards:

      1.   Minimum Lot Size: Forty (40) acres.

      2.   Setback Requirements:

         a.   Minimum From Property Boundary: Minimum one-fourth (1/4) mile from nearest property boundary.

         b.   Right Of Way, Overhead Utilities: Public road right of way and/or overhead utility line: Three (3) times the fall distance ("fall distance" defined as distance equal to the tower height, plus the length of 1 blade of the rotor arm).

      3.   Height Limits: The height of the tower, plus the length of one turbine blade shall not exceed one hundred forty feet (140').

      4.   FAA Part 7460 Review Required: All distributed wind systems seeking to locate within the corporate boundaries of the city shall be subject to an FAA part 7460 review. System location, height and design parameters and/or limitations, as may be recommended by the FAA as a result of said review, shall be incorporated as conditions of any subsequently issued permits.

      5.   Design Requirements:

         a.   Tower/Pole Design:

            (1)   Monopole, Lattice: The tower/pole shall be of a monopole or lattice tower design.

            (2)   Guywires Prohibited: Tower/pole guywires shall be prohibited.

            (3)   Building, Electrical Codes: The tower/pole shall be designed and constructed in accordance with the requirements of the international building and electrical codes in effect at the time of construction, with construction plans wet stamped by a licensed engineer qualified to stamp structural designs in the state.

         b.   Color: The turbine and tower/pole shall remain painted and/or finished in a neutral, nonreflective color.

         c.   Lighting: A wind tower and generator shall not be artificially lighted unless such lighting is required by the federal aviation administration.

         d.   Access:

            (1)   Labeling: All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

            (2)   Fencing: The base of the tower, and all electrical shall be enclosed by a chainlink fence and locking gate of not less than six feet (6') in height.

            (3)   Step Bolts: The tower shall be designed and installed so as not to provide step bolts of a ladder readily accessible to the public for a minimum height of eight feet (8') above the ground.

         e.   Signage: Commercial markings, messages, banners or signage located on the turbine and/or tower/pole shall be prohibited.

         f.   Utility Notification And Interconnection: Distributed wind systems that connect to the electric utility shall comply with rules for interconnecting distribution generation facilities. No distributed wind energy system shall be installed without a written statement with signature and date from the utility company indicating that they have been informed of the customer's intent to install an interconnected, customer owned generator. Off grid systems shall be exempt from this requirement. (Ord. 201, 11-15-2013; amd. 2017 Code; Ord. 236, 6-6-2023)