The purpose of this chapter is to provide standards and minimum regulations applicable to uses allowed in multiple zones in order to promote public health, safety, and general welfare. (Ord. 493, 6-9-2016)

Except as specifically provided in this chapter, the standards contained in this chapter shall apply to the uses enumerated herein regardless of the zone in which the use is to be established. These standards shall be construed as being the minimum standards required. Whenever the provisions of any other duly adopted statute, ordinance, or regulation require more restrictive standards than those contained in this chapter, the provisions of such standards shall govern and, in any event, the applicant or proponent may voluntarily elect to incorporate more restrictive standards than might otherwise apply. These standards may also be incorporated as conditions of approval of an administrative permit, conditional use permit or special notice permit if they would not otherwise apply but have a rational nexus to the impacts of the use. (Ord. 493, 6-9-2016)

A combined site plan addressing landscaping, parking, and lighting will be acceptable if it can be easily reviewed and implemented. If the site plan becomes too cluttered or difficult to review for compliance with the applicable requirements of this title, separate site plans may be required by the director. (Ord. 493, 6-9-2016)

With the exception of parcels which were legally created with access solely from the shoreline of a lake or river, every residential lot shall have access from a public or private road which complies with the following standards:

   A.   Private Roads:

      1.   All newly constructed private roads within a major subdivision, minor subdivision, or condominium, or which connect a subdivision or condominium with the nearest public road, shall comply with the applicable requirements of section 8.6.707 of this title.

      2.   All newly constructed private roads not associated with a major subdivision, minor subdivision, or condominium shall comply with the standards set forth in the then current international fire code as adopted pursuant to title 7, chapter 1 of this code.

      3.   The director may seek a recommendation from the highway district or fire protection district in which the road is located as to whether a newly constructed private road complies with the applicable standards.

      4.   If the director finds that the road complies with the applicable standards and, if applicable, that it complies with the requirements of section 8.6.707 of this title, the director shall approve the road and shall give final approval to any associated permits.

      5.   If the director, upon recommendation of the highway district or fire protection district, determines that a private road should be approved with a variance, exception or deviation from the applicable standards, the road will be deemed to comply with the applicable standards for purposes of this article and section 8.6.707 of this title.

   B.   Driveways And Common Driveways:

      1.   All driveways and common driveways shall be constructed in accordance with the standards set forth in the then current international fire code as adopted pursuant to title 7, chapter 1 of this code.

      2.   The fire protection district with jurisdiction shall determine whether a driveway or common driveway complies with the standards set forth in the then current international fire code.

      3.   For parcels located outside of a fire protection district, the director shall make this determination. The director may seek a recommendation from any fire protection district entirely or partially located within Kootenai County as to whether a newly constructed private road complies with the standards set forth in the then current international fire code. (Ord. 493, 6-9-2016)

   A.   Description: An accessory living unit is a secondary dwelling unit located on the same parcel as the principal dwelling unit. An accessory living unit provides a complete, independent dwelling with facilities for living, cooking, eating, sanitation, and sleeping. An accessory living unit cannot share a common wall with the principal dwelling unit.

   B.   Standards: Accessory living units shall comply with the following standards:

      1.   The square footage of the accessory living unit shall not exceed one thousand (1,000) square feet of habitable space or fifty percent (50%) of the habitable space of the primary structure, whichever is greater. New structures that will be used solely for accessory living units shall be measured from the exterior walls. Existing structures that will add habitable space will be measured from interior dimensions of the habitable space.

      2.   For purposes of this section, habitable space shall include all enclosed areas used for living, cooking, eating, sanitation, and sleeping. Garage areas will not be included as habitable space if the garage has a door which is at least eight feet (8') wide.

      3.   The footprint of the accessory living unit shall count toward the calculation of lot coverage.

      4.   No parcel shall contain more than one accessory living unit.

      5.   Accessory living units shall comply with the setback requirements for accessory buildings which apply within the underlying zone.

   C.   Permit Procedure: Accessory living units may be established only upon the issuance of an accessory living unit permit by the Director.

      1.   The permit application shall be on a form provided by the department and shall include a site plan, a narrative and an affidavit attesting to the validity of the information provided.

      2.   The procedure for approval of an accessory living unit permit shall be as set forth in section 8.8.204 of this title.

      3.   Upon review of the information provided, the Director shall determine if the minimum requirements have been met and either approve or deny the permit application.

      4.   The decision of the Director to grant or deny an accessory living unit permit may be appealed to the Board in accordance with chapter 8, article 8.5 of this title. (Ord. 514, 9-28-2017)

   A.   Purpose: Temporary hardship uses allow for the placement and use of a temporary dwelling for a dependent person's use on a single lot that has an existing, primary single-family dwelling.

   B.   Permit Required: Temporary hardship uses may be established only upon the issuance of a temporary hardship use permit by the Director. The dependent person noted in the permit shall be the primary occupant of the temporary dwelling authorized by the permit.

   C.   Restrictions:

      1.   The applicant must be a holder of an interest in the property on which the temporary dwelling is to be located. The applicant shall also be a relative of the dependent person that will be occupying the temporary dwelling.

      2.   The parcel on which the primary single-family residence exists and on which the temporary dwelling is to be permitted shall be a minimum of one acre. No more than one temporary dwelling shall be permitted per parcel.

      3.   The dependent person named in the application shall be the occupant of the temporary dwelling. When a dependent person no longer occupies the permitted dwelling, the permit shall become null and void and the temporary dwelling shall be removed from the site.

      4.   A Class A or Class B manufactured home may be used as the temporary dwelling. A manufactured home setting permit shall also be obtained from the department prior to placing the housing unit on the site, and an occupancy permit shall be received from the department before the manufactured home may be occupied by the dependent person named in the permit.

      5.   Structures which are to be used as the temporary dwelling, other than manufactured homes, shall meet the applicable standards set forth in the International Residential Code for a single-family dwelling. A building permit and occupancy permit shall be received from the department before the structure may be occupied by the dependent person named in the permit.

      6.   The temporary dwelling shall be connected to an approved sewage disposal system. Utility and service connections of any type shall be in accordance with the applicable utility or service provider's requirements.

      7.   A temporary hardship use permit shall not be issued if covenants or plat dedications of the site restrict such use.

      8.   A temporary hardship use permit shall be renewed every two (2) years unless otherwise released. It shall be the responsibility of the permit holder to seek renewal of the permit.

      9.   A temporary hardship use permit is not transferable and shall terminate upon the sale or lease of the property on which the use is located.

   D.   Application Requirements: An application for a temporary hardship use permit shall include the following information:

      1.   Name, address, and telephone number of the applicant.

      2.   Name of the dependent person and his relationship to the applicant.

      3.   A written certification of dependency from a licensed physician which states that the dependent person lacks the capacity to live independently.

      4.   A copy of the deed, or contract for sale, of the property on which the temporary dwelling will be located.

      5.   A statement signed by the applicant that the temporary hardship use is not in conflict with restrictive covenants or plat dedications of the property.

      6.   A letter from Panhandle Health District that the sewage disposal system for the temporary dwelling meets with their approval.

      7.   Fees, as adopted by resolution of the Board.

   E.   Approval Procedures:

      1.   The procedure for approval of a temporary hardship use permit shall be as set forth in section 8.8.204 of this title.

      2.   If the Director approves the permit, a temporary hardship use permit shall be issued to the applicant and shall note the dependent person who will occupy the permitted temporary dwelling. The permit shall also provide the following information:

         a.   The date the permit must be renewed, if the dependent person's status remains the same as it did at the time of issuance of the permit.

         b.   A statement that the temporary dwelling unit shall be removed from the lot when the dependent person ceases to occupy it.

         c.   A statement that failure to renew the permit by the stated date, or failure to notify the Director when the dependent person ceases to occupy the temporary dwelling, will be considered a violation of the permit subject to enforcement action as set forth in chapter 8, article 8.6 of this title.

         d.   A statement that the applicant must obtain the applicable building and occupancy permits before the dependent person can occupy the dwelling.

   F.   Recordation Of Notice Of Use: It shall be the responsibility of the Director to ensure that notice of an approved temporary hardship use is recorded with the Office of the County Recorder. The notice shall include:

      1.   The applicant's name and address;

      2.   A legal description of the property on which the temporary use will be located;

      3.   A statement that a temporary dwelling has been permitted under the terms of a temporary hardship use permit and that the temporary dwelling is for the occupancy of a dependent person; and

      4.   A statement that the temporary use shall be discontinued upon the sale or lease of the property, or when the dependent person ceases to occupy the temporary dwelling.

   G.   Recordation Of Release: It shall be the responsibility of the Director to record a release of a previously recorded notice of temporary hardship use with the Office of the County Recorder upon termination of a temporary hardship use permit. A copy of the recorded release shall be sent to the property owner.

   H.   Appeals: The decision of the Director to grant or deny a temporary hardship use permit may be appealed to the Board in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)

Temporary or intermittent use of recreational vehicles (RVs) shall comply with the following standards:

   A.   The RV shall have current registration and shall be in serviceable condition so it can be operated in a safe and lawful manner upon the roads and highways in the State of Idaho as set forth in the motor vehicle laws of the State of Idaho, title 49, Idaho Code. An RV shall not be set on blocks with the tires or running gear removed.

   B.   No decks or additions shall be attached to an RV, nor shall an RV be skirted.

   C.   An RV shall not be used as a dwelling except as provided in this section. The owner of an RV must have a primary residence other than the RV. If the parcel on which the RV is located is otherwise undeveloped, there shall be no mail service to that parcel.

   D.   The RV must be hooked into a sewage disposal system which meets the requirements of the Panhandle Health District, or shall be totally self-contained and removed from the site to empty holding tanks at an approved location.

   E.   An RV may be used as a dwelling for the owners of the parcel on which the RV is located during construction of a dwelling on that parcel. In such cases, the provisions of this section regarding the owner's primary residence and mail service shall not apply. Upon completion of the residence or expiration of the building permit for the residence, the use of the RV shall revert to temporary or intermittent use as provided in this section.

   F.   An RV shall not be used as a rental. (Ord. 493, 6-9-2016)

Recreational vehicle parks shall provide temporary living quarters, but shall not provide permanent or year round housing. Recreational vehicle parks shall comply with the following standards:

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

   B.   Each recreational vehicle lot or space shall contain a stabilized vehicular parking pad composed of paving, compacted crushed gravel, or other all weather material.

   C.   Each recreational vehicle lot shall have at least one off street vehicle parking space.

   D.   Internal roads and parking service areas shall provide safe and convenient access for service and emergency vehicles and to amenities within the park. Internal roads shall not be designed to encourage use by outside traffic to traverse the park to adjoining developed areas.

   E.   Approaches for interior driveways in recreational vehicle parks which enter and exit onto a public road must be approved by the applicable highway district or the Idaho Transportation Department, whichever agency has jurisdiction.

   F.   If it is determined by the highway agency with jurisdiction that traffic control devices or other traffic regulation improvements will be required in conjunction with the development of a recreational vehicle park, the applicant shall be responsible for the cost of installation or construction of those improvements.

   G.   Yards, fences, walls, or vegetative screening shall be provided at the property lines of the park where it adjoins parcels that are zoned or used for residential purposes. In particular, extensive off street parking areas, service areas for loading and unloading purposes other than for passenger uses, and areas for storage and collection of refuse, shall be screened.

   H.   Uses that are clearly incidental to the operation of the park, such as management headquarters, recreational facilities, toilets, dumping stations, laundry facilities, a convenience store, and other facilities established within the park, are permitted as accessory uses.

   I.   Occupancy of a recreational vehicle park space by a particular recreational vehicle shall be limited each year to those days between May 1 and the first Sunday in October, and, in addition, a maximum of one period of no more than thirty (30) consecutive days during the remainder of the calendar year.

   J.   Any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair or to attach the recreational vehicle to the ground for stabilizing purposes, is prohibited.

   K.   A site plan shall be submitted upon application for a building or site disturbance permit for the development of a recreational vehicle park. The site plan must include a north arrow and date of drawing, and must clearly depict the following:

      1.   Existing structures which will remain on the parcel, and their uses, and any existing structures proposed to be modified or removed;

      2.   All proposed structures and their uses;

      3.   Existing and proposed roads, easements, and points of access;

      4.   Recreational vehicle lot dimensions;

      5.   Size of the site in acres;

      6.   Dimensions of property lines and property line setbacks;

      7.   Reserved or dedicated open space;

      8.   Major landscape features, both natural and manmade;

      9.   Locations of existing and proposed utility lines;

      10.   Accessory off street parking and loading facilities, and parking space areas;

      11.   Wastewater drainfield areas;

      12.   Traffic circulation patterns;

      13.   Refuse and service areas;

      14.   Signs;

      15.   Outdoor storage; and

      16.   Proposed screening and buffering, including fences, yards, walls or vegetation. (Ord. 493, 6-9-2016)

Park model recreational vehicles (also known as park models or park trailers) shall be subject to the regulations pertaining to recreational vehicles as set forth in this title. (Ord. 514, 9-28-2017)

A home occupation is an occupation, profession, or craft which is clearly incidental to the residential use of a site. Home occupations shall be subject to the following standards:

   A.   The home occupation shall be conducted by an immediate member of the family residing within the dwelling on the site.

   B.   There shall be no more than one individual employed at the site who does not live in the dwelling on the site.

   C.   The home occupation may be conducted in any accessory building on the site and in no more than one-half (1/2) of the floor area of the building housing the primary use. No home occupation shall be allowed on a site where the primary use has not been established.

   D.   The home occupation shall be of a nature that does not generate retail business or have customer traffic on a regular basis. An equipment storage facility where more than one employee arrives at the site to pick up equipment, then leaves to work off site, shall not be permitted as a home occupation, but instead must be permitted as a cottage industry pursuant to section 8.4.504 of this article.

   E.   Storage of equipment, inventory, or work related items other than vehicles, shall be within the residence or a permitted accessory building. Outdoor storage is prohibited. A special notice permit is required for storage within a cargo container or trailer in zones where such storage is permitted; otherwise, such storage is prohibited. (Ord. 493, 6-9-2016)

Bed and breakfast inns shall be subject to the following standards:

   A.   Maximum of five (5) rooms for lodging of paying guests.

   B.   Must provide off street automobile parking space for each guestroom, as well as all vehicles owned by permanent residents.

   C.   Wedding ceremonies and receptions are allowed, provided that a total of no more than twenty five (25) persons will be on the premises at any given time.

   D.   No commercial uses are permitted except as provided in this section. (Ord. 493, 6-9-2016)

Automotive hobby activities involve the restoration, maintenance, repair, or preservation of motor vehicles, and similar activities. Automotive hobby activities shall be subject to the following standards:

   A.   No commercial retail or wholesale sales of automotive parts or supplies shall be conducted.

   B.   A property owner or person who resides on the property may sell vehicles that he or she owns which have been restored, maintained, repaired, or preserved in conjunction with lawful automotive hobby activities. No other commercial restoration, repair, preservation or maintenance of motor vehicles shall be conducted.

   C.   The site shall be maintained in an orderly manner so as to prevent the creation of a public nuisance or a health hazard.

   D.   Not more than two (2) inoperable, dismantled, or unregistered motor vehicles may be visible from ground level on any adjacent property. All other inoperable, dismantled, or unregistered motor vehicles shall be covered, stored behind a one hundred percent (100%) sight obscuring fence or hedge which is not less than six feet (6') in height, or stored within a completely enclosed building.

   E.   All inoperable, dismantled, or unregistered motor vehicles, and parts thereof, which are being kept on the site in conjunction with automotive hobby activities shall be necessary and wanted. Once inoperable, dismantled, or unregistered automobiles, or parts thereof, are no longer necessary or wanted, the automobile or parts shall be removed from the site for proper disposal. (Ord. 493, 6-9-2016)

A cottage industry is a commercial use of a residential parcel which is more intensive than a home occupation but is still incidental to the residential use of the site. Cottage industries shall be subject to the following standards:

   A.   Staff: The cottage industry may be operated by immediate members of the family residing within the dwelling on the site, plus no more than five (5) employees.

   B.   Where Conducted: The cottage industry may be conducted in any accessory building on the site and in no more than one-half (1/2) of the floor area of the building housing the primary use. No cottage industry shall be permitted on a site where the primary use has not been established.

   C.   Sales: On site retail and wholesale sales shall be limited to products produced or assembled on site, plus other sales which are clearly incidental to the operation of the cottage industry.

   D.   Deliveries: Deliveries may be made by any means; however, delivery by semitrailer is permitted only if the parcel has direct access to a paved public road.

   E.   Storage:

      1.   Except as otherwise permitted in this subsection, storage of equipment, inventory, or work related items other than vehicles shall be within the residence or an accessory building, and outdoor storage is prohibited.

      2.   The director may approve contractor storage as part of a cottage industry permit. In such cases, storage shall comply with the requirements of section 8.4.605 of this chapter unless an alternative method of compliance is approved pursuant to section 8.4.606 of this chapter.

      3.   A special notice permit is required for storage within a cargo container or trailer in zones where such storage is permitted; otherwise, such storage is prohibited.

   F.   Permit Procedure: Cottage industries may be established only upon the issuance of a cottage industry permit by the director.

      1.   The permit application shall be on a form provided by the department and shall include a site plan, a narrative describing the proposed use in detail, and an affidavit attesting to the validity of the information provided.

      2.   The procedure for approval of a cottage industry permit shall be as set forth in section 8.8.204 of this title.

      3.   Upon review of the information provided, the director shall determine if the minimum requirements have been met and either approve or deny the permit application.

      4.   The decision of the director to grant or deny a cottage industry permit may be appealed to the board in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural, agricultural suburban.

   B.   All noncommercial kennels shall adhere to the applicable provisions of this title and to the applicable provisions of title 5, chapter 1 of this code.

   C.   All noncommercial kennels shall have passed all necessary inspections performed by the animal control division of the Kootenai County sheriff's office, and must possess a valid kennel license issued by the board.

   D.   Adequate fencing shall be provided to restrain animals from running at large. At a minimum, the animals shall be enclosed within a six foot (6') fence or wall. Electronic fences shall not be used as the sole method of restraining animals.

   E.   Noncommercial kennels located in the rural or agricultural suburban zones shall provide visual screening to buffer adjacent land uses if existing visual screening is insufficient to accomplish that purpose.

   F.   No commercial activities shall be permitted. (Ord. 493, 6-9-2016)

   A.   The provisions of this article shall apply to all development in the Commercial, Light Industrial and Industrial Zones unless the parcel is located within the Airport Overlay Zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.606 of this article.

   B.   The provisions of this article, or any applicable portion thereof, may also be included as conditions of approval of any administrative approval, conditional use permit or special notice permit. (Ord. 493, 6-9-2016)

Prior to the issuance of a building or site disturbance permit for uses to which this article applies, a landscape plan shall be submitted to the department for review and approval. The landscaping standards in place at the time an applicant applies for a building permit or site disturbance permit will govern that application. The landscape plan shall be a drawing to scale, prepared by a landscape designer, including the following information:

   A.   Boundaries and dimensions of the site.

   B.   Identification of all species and locations of existing trees that are to be retained.

   C.   Location and identification of species of all proposed plantings.

   D.   Location and design of areas to be landscaped, buffered, and maintained.

   E.   Type, location and design of proposed irrigation.

   F.   Plant lists or schedules with common name, quantity, spacing and size of all proposed landscape material at the time of planting.

   G.   Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and paved areas.

   H.   Methods and details for protecting existing vegetation during construction.

   I.   A determination as to whether the site contains noxious weeds. If the site contains noxious weeds, no certificate of occupancy shall be issued until a weed mitigation plan is reviewed and approved by the Kootenai County Noxious Weed Control Department. (Ord. 493, 6-9-2016)

   A.   General Requirements:

      1.   Existing on-site trees and shrubs may be included in the application of these standards, provided they are depicted on the plan and retained.

      2.   All landscaped areas, including trees, shrubs, and ground cover, shall be permanently maintained in a healthy growing condition. Irrigation shall be available to maintain a healthy growing condition. To maintain the integrity of the original design, any dead tree or shrub shall be replaced with the same or similar species originally planted unless a substitute is approved by the Director.

      3.   No landscape area shall include artificial trees, plants, or any carpeting designed as a vegetative substitute.

      4.   Unless otherwise specified, landscaping shall consist of, but not be limited to, a mix of deciduous and evergreen trees, shrubs, and planted ground cover. The use of native vegetation is encouraged. There shall be at least one tree and three (3) shrubs for every three hundred (300) square feet of landscaped area. At the time of planting, deciduous trees shall be a minimum of two inch (2") caliper (as measured 6 inches above grade), and evergreen trees shall be at least five feet (5') tall. At the time of maturity, all trees shall be at least twenty feet (20') tall. Where shrubs are required, they shall be a minimum of a three (3) gallon tub.

      5.   All required landscape areas shall be planted so as to achieve one hundred percent (100%) ground coverage by under story plant materials within five (5) years. If this amount of ground coverage is not achieved, the area shall be planted with mature plant material immediately or as soon as the planting season permits.

      6.   Around primary structures, a strip of landscaped area at least twenty five feet (25') wide shall be provided in front, and a strip at least fifteen feet (15') wide shall be provided along the sides of the structures. Walkways up to six feet (6') in width may be installed within these landscaped areas.

      7.   No landscaping shall be placed so as to obstruct a motorist's clear view of a street, highway, or public right-of-way within a fifty foot (50') vision obstruction triangle. Trunks of deciduous trees are acceptable within the fifty foot (50') vision obstruction triangle.

   B.   Parking Lots: Landscaping shall be required for all parking lots based on a percentage of the gross parking area used for parking spaces. Traffic aisles and driveways are excluded from this calculation. The area calculations are as follows:

      1.   1 to 50 spaces = 10 percent of the area

      2.   51 to 99 spaces = 12 percent of the area

      3.   100 or more spaces = 15 percent of the area

Example: 8 parking spaces, each space is 10 feet wide and 20 feet long (200 square feet per space).

8 spaces x 200 sq. ft. = 1,600 sq. ft.

1,600 x 10% = 160 square feet of landscaped area

In addition, parking lots and the accompanying landscaping shall be configured so that no parking space is more than seventy five feet (75') from a landscaped area.

   C.   Areas Adjacent To Residential Zones:

      1.   A fifteen foot (15') wide minimum planting strip buffer in conjunction with a fifty percent (50%) sight obscuring fence, on the street side or fence exterior, as applicable, not less than six feet (6') in height shall also be required where the development abuts an existing residential zone or existing residential use.

      2.   Planting strip buffers shall consist of sight-obscuring vegetative screening on the street side or fence exterior, as applicable, and shall attain fifty percent (50%) sight obscurity along the entire strip within three (3) years. (Only 50 percent of the site is visible from the street or from an adjacent residential property after 3 years of plant growth.)

      3.   Buffering shall provide a year-round visual screen in order to minimize adverse impacts on adjacent property. No buildings, structures, accessory structures, parking, driveways, loading areas or storage of materials shall be permitted in the buffer area.

   D.   Pedestrian Walkways: Pedestrian walkways shall be landscaped on the street side or fence exterior, as applicable, for their entire length. Trees shall be sized large enough so that, at maturity, a minimum vertical clearance of seven feet (7') between the sidewalk and the lowest branch is attained. Trees shall be at least two feet (2') from sidewalks and curbs at the time of planting. Root control barriers between the proposed tree planting location and the curb and sidewalks may be required to maintain the health of the tree.

   E.   Public Road Frontage: Frontage buffer areas shall be provided for all nonresidential uses adjacent to all public roads. The minimum depth of said buffer shall be fifteen feet (15'). Frontage buffers shall be planted on the street side or fence exterior, as applicable, with grasses or approved groundcovers, deciduous or evergreen trees, and may include berms, boulder accents, mounds or combinations thereof. Frontage buffers shall require a minimum of one tree for every thirty feet (30') of street frontage. If a landscaped berm is provided, the berm shall be at least two and one-half feet (2.5') higher than the finished elevation of the parking lot and planting requirements may be reduced to one tree for every forty feet (40') of public road frontage. If planted berms are used, the minimum top width shall be four feet (4'), and the maximum side slope shall be 2:1. No buildings, structures, accessory structures, parking, driveways, loading areas or storage of materials shall be permitted in the buffer area.

   F.   Vehicle Display: Notwithstanding any other provision of this section, a facility for the display, service and retail sale, lease or rental of new or used automobiles, boats, trucks, motorcycles, motor scooters, recreational vehicles, or trailers may display and store any of these items outdoors without visual screening, and such display and storage may occur within the required front yard setback. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019)

   A.   All existing trees that are to be saved shall be unmistakably delineated in the field so that it is obvious to construction personnel and equipment operators.

   B.   All field construction personnel and equipment operators shall use appropriate construction practices to prevent damage to existing and new landscaping.

   C.   Prior to issuance of the certificate of occupancy, the designer shall submit a completion report attesting to the correct installation of healthy trees, shrubs, ground cover and other landscape treatments as shown on the landscape site plan, and that the installation is a correct representation of the plan.

   D.   The Director may authorize a delay in the completion of planting during the months of November, December, January, February, and up to March 15 (or adverse weather conditions which threaten survivability of plants). Should a delay occur, a guarantee of financial surety equal to one hundred fifty percent (150%) of the costs of landscaping will be provided by the owner or developer and held by the County until the landscaping is complete. No certificate of occupancy shall be issued until the required landscape development is complete, or a financial guarantee has been approved. (Ord. 493, 6-9-2016)

   A.   Refuse Containers: Refuse containers shall be screened from view by a one hundred percent (100%) sight obscuring fence that is a minimum of six feet (6') in height.

   B.   Storage Of Equipment, Materials And Goods: Equipment, materials or goods not housed within the primary building shall be stored within an accessory building or within a one hundred percent (100%) sight obscuring fence that is a minimum of six feet (6') in height. Materials and goods shall not be stored in any manner where they are visible from adjacent property or a public right-of-way.

   C.   Fencing Material: Fencing material shall not consist of tires, manufactured home parts, salvaged building materials, automobile parts, junk, or garbage.

   D.   Height: Fencing shall be limited to a maximum of eight feet (8') in height. (Ord. 493, 6-9-2016)

   A.   Requests: It is recognized that with certain site conditions, strict compliance with the requirements of this article may be physically impossible, impractical, or not meaningful (as, for example, where the development is to occur in a remote location on the subject property, unmanned facilities, etc.). In such cases, an approved alternative method of compliance may allow modifications to the requirements of this article. Requests for use of alternative landscaping, screening or fencing standards may be approved only if it is demonstrated that compliance with the requirements of this article would cause an undue hardship or one or more of the following apply:

      1.   The site has space limitations or the parcel is unusually shaped.

      2.   Topography, soil, vegetation or other physical hardship site conditions are such that full compliance is impossible or impractical.

      3.   Due to a change of use of an existing site, the required buffer is larger than can be provided.

      4.   Legitimate safety considerations from other public agencies are raised.

      5.   The landscaping, screening, and/or fencing called for by this article are not necessary or effective to mitigate the impacts of the proposed development on the surrounding property owners or the general public.

      6.   The landscaping, screening, fencing or other measures called for by this article would be in violation of other applicable law.

   B.   Approval Procedure: The Director may approve a proposed alternative method of compliance in accordance with the procedure set forth in this subsection.

      1.   The application shall be on a form provided by the department, and, in addition to the information required in the landscape plan, must include a written narrative prepared by a landscape designer explaining the proposed alternative method of compliance, and the applicable fees.

      2.   The procedure for approval of a proposed alternative method of compliance shall be as set forth in section 8.8.204 of this title.

      3.   Upon review of the information provided, the Director shall determine if the minimum requirements have been met and either approve or deny the application.

      4.   The decision of the Director to approve or deny a proposed alternative method of compliance may be appealed to the Board in accordance with chapter 8, article 8.5 of this title.

   C.   Land Use Application: In addition to the approval procedure contained in subsection B of this section, the Board may approve a proposed alternative method of compliance as part of a land use application requiring Board approval. (Ord. 493, 6-9-2016)

The provisions of this article shall apply to all development in the Commercial, Light Industrial and Industrial Zones, unless expressly modified via approval of an alternative method of compliance pursuant to section 8.4.705 of this article. The provisions of this article, or any applicable portion thereof, may also be included as conditions of approval of any administrative permit, conditional use permit or special notice permit. (Ord. 493, 6-9-2016)

   A.   Parking And Circulation Plan Required: Off street parking and loading facilities shall be shown on a site plan for review. The plan submitted shall show a detailed functional parking arrangement and on site circulation and shall be prepared at a scale of not less than one inch per one hundred feet (1" = 100').

   B.   Parking Area Limitations: A required parking area shall be used exclusively for parking of vehicles in operating condition and shall be used in conjunction with a permitted land use. No inoperable or unlicensed vehicle shall be parked or stored within a space which is necessary for compliance with the minimum number of spaces required under the provisions of this article. Following approval, off street parking facilities shall not be reduced or encroached upon in any manner unless provisions of this article have been met and approval for the change has been received.

   C.   Changes In Parking Facility: Whenever a use or building is enlarged in floor area, number of employees, number of dwelling units, seating capacity, intensity of use, or any other change that creates an increase in the need for additional parking spaces, a site plan shall be prepared and submitted to the Director for approval.

   D.   Access: All parking facilities shall be provided with safe and convenient access to a public or private road. Ingress and egress to roads shall be provided only through approved driveways. Approaches onto a public road shall comply with the requirements of the highway agency with jurisdiction. (Ord. 493, 6-9-2016)

   A.   Number Of Parking Spaces Required: The minimum number of off- street parking spaces required for each type of use, or similar use, shall be in accordance with the following list. Gross floor space shall be used where the number of spaces is based on a square footage type requirement. In determining the number of parking spaces required, fractions shall be rounded to the nearest whole number. If a specific use is not listed, the Director or Board may include parking and circulation requirements as conditions of approval of an administrative permit, a conditional use permit, or a special notice permit for that use.

 

   B.   Location Of Parking Facilities: Required off-street parking shall be either on the same parcel as the principal building or within three hundred feet (300') of the building. The three hundred foot (300') requirement shall be measured from the nearest point of the principal building to the nearest point of the parking facility. Off-street parking facilities for separate uses may be provided jointly when operating hours of users do not conflict and provided the total number of spaces is not less than the required spaces for each individual use.

   C.   Dimensions:

      1.   Parking Lot Space Dimensions: Eight feet (8') in width by eighteen feet (18') in length. At the developer's option, twenty five percent (25%) of the lot may be marked "compact only" with individual parking space dimensions of seven and one-half feet (71/2') in width by fifteen feet (15') in length.

      2.   Aisle Width: Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking:

 

 

      3.   Driveway Entrances And Exits: One-way traffic entrance and exit driveways for all uses except residential: Fourteen feet (14'). Two-way traffic entrance and exit driveways used for all uses except residential: Twenty six feet (26').

   D.   Bicycle Parking: One bicycle parking space shall be provided for every ten (10) required auto parking spaces. Bicycle parking shall not obstruct vehicular or pedestrian circulation.

   E.   Parking For Persons With Disabilities: Where off-street parking is required for non-residential uses, parking spaces for persons with disabilities shall be provided on the ratio of one handicapped parking space per twenty five (25) required automobile parking spaces, and shall meet the following standards:

      1.   Parking spaces shall comply with the requirements of the applicable adopted Building Codes and the Americans With Disabilities Act Accessibility Guidelines (ADAAG), 36 CFR part 1191, appendices B and D.

      2.   Spaces shall be signed in accordance with section 49-213, Idaho Code.

      3.   Spaces shall be located on the shortest possible accessible circulation route to an accessible entrance to a building.

      4.   If there is any conflict or inconsistency between the standards set forth or referenced in this subsection, the most stringent standard shall be met.

   F.   Construction Requirements:

      1.   Required off-street parking areas and access driveways shall be paved with asphalt, concrete, traffic rated concrete unit pavers, crushed stone, gravel, or an equivalent surfacing material approved by the Director.

      2.   There shall be continuous curbing between parking areas and buildings and along both sides of the approach(es) across the road right-of-way. Curb cuts shall be allowed for driveways, access ways, walkways, and stormwater conveyance.

      3.   Where four (4) or more parking spaces are required, each parking space shall be designated by a three inch (3") painted line defining the side of each space for its entire length.

      4.   When off-street parking lots abut residential property, the site plan shall include a fifty percent (50%) sight obscuring fence not less than six feet (6') in height and a fifty percent (50%) sight obscuring vegetative screen along the entire boundary that is common to both the residential and parking lot areas.

   G.   Circulation Requirements:

      1.   All on-site traffic patterns shall be designated and clearly marked.

      2.   Circulation within an off-street parking lot shall be such that a vehicle shall not have to exit and re-enter the lot in order to reach another parking aisle, and a vehicle shall not have to exit the parking lot by backing into the street.

      3.   Turnarounds shall be a minimum of twenty four feet (24') in width.

   H.   Parking Lot Lighting: Lighting used to illuminate a parking lot shall be shown on the site plan, and shall be downward directed and shielded to prevent illumination at the property line greater than 0.2 foot-candle. (Ord. 514, 9-28-2017)

   A.   All required loading areas shall be off street and shall be located on the same lot as the building to be served.

   B.   A loading area shall be served by vehicular access to a street or alley.

   C.   All open loading areas shall be paved with asphalt or concrete.

   D.   One loading area shall be required for each ten thousand (10,000) square feet of building area. The loading area shall be a minimum of twelve feet (12') wide, thirty five feet (35') in length. (Ord. 493, 6-9-2016)

   A.   Requests: It is recognized that with certain site conditions, strict compliance with the requirements of this article may be physically impossible, impractical, or not meaningful (as, for example, where the development is to occur in a remote location on the subject property, unmanned facilities, etc.). In such cases, an approved alternative method of compliance may allow modifications to the requirements of this article. Requests for use of alternative parking and circulation standards may be approved only if it is demonstrated that compliance with the requirements of this article would cause an undue hardship or one or more of the following also apply:

      1.   The site has space limitations or the parcel is unusually shaped.

      2.   Physical site conditions are such that full compliance is impossible or impractical.

      3.   The nature of the use is such that the applicable parking requirements set forth in this article are greater than are actually needed in conjunction with the use.

      4.   Legitimate safety considerations from other public agencies are raised.

      5.   The parking and/or circulation called for by this article are not necessary or effective for the proposed use, or are not necessary or effective to mitigate the impacts of the proposed development on the surrounding property owners or the general public.

      6.   The parking, circulation or other measures called for by this article would be in violation of other applicable law.

   B.   Alternative Method Requirements: The proposed alternative method of compliance shall:

      1.   Have the effect of equaling or exceeding the normally applicable requirements of this article, or provide the number of parking spaces actually needed to adequately serve the contemplated use; and

      2.   Comply with applicable requirements for parking and accessibility for persons with disabilities.

   C.   Approval Procedure: The Director may approve a proposed alternative method of compliance in accordance with the procedure set forth in this subsection.

      1.   The application shall be on a form provided by the department, and, in addition to the information required in the parking and circulation plan, must include a written narrative explaining the proposed alternative method of compliance, and the applicable fees.

      2.   The procedure for approval of a proposed alternative method of compliance shall be as set forth in section 8.8.204 of this title.

      3.   Upon review of the information provided, the Director shall determine if the minimum requirements have been met and either approve or deny the application.

      4.   The decision of the Director to approve or deny a proposed alternative method of compliance may be appealed to the Board in accordance with chapter 8, article 8.5 of this title.

   D.   Land Use Application: In addition to the approval procedure contained in subsection C of this section, the Board may approve a proposed alternative method of compliance as part of a land use application requiring Board approval. (Ord. 493, 6-9-2016)

   A.   Purpose: The purpose of this article is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.

   B.   Findings: Because signs contain messages which may be protected by the first amendment to the United States constitution and article I, section 9 of the Idaho constitution, the board makes the following findings:

      1.   The adoption and enforcement of this article advances important, substantial, and compelling governmental interests.

      2.   The regulation of signs in Kootenai County is directed at the impacts of the structures and not the contents of their messages. The regulations set out in this article are "content neutral", as they are unrelated to the suppression of constitutionally protected speech, do not relate to the content of protected messages which may be displayed on signs, and do not relate to the viewpoints of individual speakers.

      3.   Any incidental restriction on constitutionally protected speech is no greater than is essential to the furtherance of the legitimate governmental interests advanced by this article.

      4.   The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of speech. On the other hand, the constitutional guarantee of free speech may be affected by reasonable and constrained regulation that is unrelated to the expression itself.

      5.   The county has an important and substantial interest in preventing "sign clutter" (defined as the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists), because sign clutter degrades the character of the community, makes the community a less attractive place for commerce and private investment, and dilutes or obscures messages displayed along the county's roads by creating visual confusion and aesthetic blight.

      6.   Sign clutter can be prevented by reasonable regulations that balance the legitimate needs of individual property owners to convey their commercial and noncommercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community as a whole in providing for a high quality community character.

      7.   The uncontrolled use of outdoor advertising signs and their location, density, size, shape, motion, illumination and demand for attention can significantly degrade community character, property rights and property values, and therefore, reasonable restrictions on the display of commercial messages are necessary and desirable.

      8.   Temporary signs are frequently damaged or destroyed by wind, rain, and sun, and after such damage or destruction, degrade the aesthetics and resource values in and along road rights of way if they are not removed. The county has an important, substantial, and in some cases compelling, interest in keeping road rights of way clear of obstructions and litter.

   C.   Objectives: The objective of this article is to provide a balanced and fair legal framework for design, construction, and placement of signs that:

      1.   Promotes the safety of persons and property by ensuring that signs do not create a hazard by:

         a.   Collapsing, catching fire, or otherwise decaying;

         b.   Confusing or distracting motorists; or

         c.   Impairing drivers' ability to see pedestrians, obstacles or other vehicles, or to read traffic signs.

      2.   Promotes the efficient communication of messages, and ensures that persons exposed to signs:

         a.   Are not overwhelmed by the number of signs or messages presented; and

         b.   Are able to exercise freedom of choice to observe or ignore signs or messages according to the observer's purpose.

      3.   Protects the public welfare and enhances the appearance and economic value of the landscape by protecting scenic views and avoiding sign clutter, which tends to compromise the character, quality, and vitality of the area in which it occurs.

      4.   Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, bulk, or height.

      5.   Assists in wayfinding. (Ord. 493, 6-9-2016)

   A.   Property Line Setbacks: Signs may be installed up to, but not over, property lines. Signs may not be installed in easements.

   B.   Sign Area: The size of a sign face, in square feet, shall be measured so as to include the entire area within a continuous perimeter enclosing the extreme limits of the sign, including the background on which the lettering is placed. Such perimeter shall not include any structural elements which lie outside the limits of the sign and which do not form an integral part of the display. When a sign is painted on a building, the size of the sign shall be determined by the perimeter within which the lettering and/or artwork of the sign is inscribed. See also illustration 4-801, "Sign Areas", of this section.

   ILLUSTRATION 4-801

   SIGN AREAS

   C.   Sign Height: The height of a sign shall be measured from the finished ground level adjacent to the sign, to the top of the sign, or to the highest point of the sign structure or frame, whichever is greater. On slopes, the height of the sign is measured at the midpoint of the sign.

   D.   Corner Visibility:

      1.   No sign or display shall be permitted at the intersection of a road, alley or driveway, in a manner that obstructs the clear vision of any part of the road. If a sign is placed at the intersection of two (2) roads, the sign must not interfere with the fifty foot (50') corner visibility triangle described in section 8.4.1403 of this chapter.

      2.   For signs located near a driveway entrance onto a road, a sight triangle based on the speed of traffic is used. At a point fifteen feet (15') back from the edge of the road surface or curb, no sign may block the line of vision to a point equal to the speed limit times ten (10). For example, if the speed limit is thirty five (35) miles per hour, the exiting driver must be able to see the road and vehicles up to three hundred fifty feet (350') away. See also illustration 4-802, "Corner Visibility", of this section.

   ILLUSTRATION 4-802

   CORNER VISIBILITY

   E.   Sign Maintenance: All sign supports, braces, guys, anchors and other components shall be kept in good repair, and the faces of signs shall be neatly painted or posted at all times.

   F.   International Building Code: Sign construction shall comply with the currently adopted edition of the international building code. If a building permit is not required, no other permit is necessary; however, the sign or display must meet the requirements of this title. (Ord. 493, 6-9-2016)

The following signs are permitted in all zoning districts:

   A.   Official notices required by a court or other governmental authority.

   B.   Directional, warning, location, information, or traffic signs, located on public property and authorized by a governmental authority.

   C.   Signs that are oriented internally to a site and that are not directed toward other properties or roads. Examples include sponsorship signs at racetracks and sporting facilities.

   D.   Other signs authorized or required by law (for example, no trespassing or handicap parking signs).

   E.   Signs that include only the name of a location, owner or occupant (for example, signs depicting the name of a subdivision, ranch or property owner). The name of a business or other information may not be included on this sign. (Ord. 493, 6-9-2016)

The following signs and displays are prohibited in all zoning districts:

   A.   Signs that create a hazard or dangerous distraction to vehicular traffic; that may be confused with or interfere with authorized railroad or traffic signs, signals or devices; that impair the vision of drivers or pedestrians; or that otherwise interfere with traffic visibility.

   B.   Signs that are not structurally sound, that may pose a hazard to people or property.

   C.   Roof signs.

   D.   Revolving signs or signs with moving parts.

   E.   Animated signs (both mechanically and electronically animated).

   F.   Signs with audible devices.

   G.   Flashing signs, lights or displays.

   H.   Signs advertising activities that are illegal.

   I.   Signs that are obscene or indecent.

   J.   Signs not specifically permitted by this title.

   K.   Off premises signs.

      1.   With the following exception of temporary event signs, off premises signs are not permitted in any zoning district.

      2.   Off premises, temporary event signs or banners are permitted in all zones for up to fourteen (14) days during a calendar year, in connection with a single event which is not repeated during the calendar year, with the permission of the property owner.

      3.   Off premises signs near state, U.S. and interstate highways shall also comply with the applicable requirements of title 40, chapter 19, Idaho Code. (Ord. 493, 6-9-2016)

   A.   In the commercial, light industrial, and industrial zones, each legally created parcel of land may have the following on premises signs and displays:

      1.   One pole sign, projecting sign, or banner sign, with the size and height of the sign not to exceed the dimensions shown in table 4-803 of this section. This sign may be illuminated in conformance with the requirements of this section, and may include an electronic message center, providing the sign and message center together do not exceed the dimensions shown in table 4-803 of this section.

      TABLE 4-803

      MAXIMUM SIGN SIZE AND HEIGHT IN THE

      COMMERCIAL, LIGHT INDUSTRIAL, AND INDUSTRIAL ZONES

 

   Notes:

      1.    Area is determined by the dimensions of 1 side of a 2 faced sign (e.g., a 25 square foot sign may have 25 square feet of sign face on 1 side, and 25 square feet of sign face on the opposite side).

      2.    Sign height is measured to the top of the sign, or the top of the sign structure, whichever is greater. The maximum height for monument signs is 6 feet.

      2.   One monument sign for each side of the parcel adjoining a public or private road, with the size of the sign not to exceed the dimensions shown in table 4-803 of this section, and the height of the sign not to exceed six feet (6'). Monument signs may be illuminated in conformance with the requirements of this section, and may include an electronic message center, providing the sign and message center together do not exceed the dimensions shown in table 4-803 of this section.

      3.   Wall, awning, canopy or window signs, providing the signs do not cover more than thirty percent (30%) of the wall to which they are attached or inscribed. Wall, awning and canopy signs may be illuminated in conformance with the requirements of this section and may include an electronic message center.

As an alternative, the size of these signs may be increased to fifty percent (50%) of the wall if a pole sign is not constructed on the parcel, and the signs are not internally lit (though indirect lighting is permitted).

      4.   One searchlight as part of an advertising display.

      5.   The following on premises, unlighted, temporary signs and displays providing they are in place for no more than twenty eight (28) days during one calendar year:

         a.   Banner signs.

         b.   Pennants or similar displays, individually or strung together.

         c.   Floating or blowup signs providing their height from the ground to the top of the sign does not exceed fifty feet (50').

         d.   Other portable or temporary signs, not to exceed thirty two (32) square feet in size and a height of twelve feet (12').

      6.   Real property for sale or under construction. On premises, unlighted signs may be installed as necessary to advertise the sale of, or construction on real property. These signs shall not exceed thirty two (32) square feet in size, and a height of twelve feet (12').

      7.   Illuminated signs. If allowed, illuminated signs in the commercial, industrial and light industrial zones must meet the following requirements:

         a.   Indirect, external lighting (e.g., lights shining on a sign): The lights themselves must be concealed from view and directed or shielded so the light shines only on the sign, with minimal projection beyond the sign.

         b.   Internal lighting: The sign must have a dark background with lighter lettering.

   B.   In the agricultural, rural, agricultural suburban, restricted residential, mining, and high density residential zones, each legally created parcel of land may have the following on premises signs:

      1.   One pole or monument sign, with the size and height of the sign not to exceed the dimensions shown in table 4-804 of this section. These signs may be indirectly illuminated (e.g., by lights shining on the sign), providing the lights are concealed from view and are directed and shielded so the light shines only on the sign, with minimal projection beyond the sign.

      TABLE 4-804

      MAXIMUM SIGN SIZE AND HEIGHT IN THE AGRICULTURAL,

      RURAL, AGRICULTURAL SUBURBAN, RESTRICTED RESIDENTIAL,

      HIGH DENSITY RESIDENTIAL, AND MINING ZONES

 

 

   Notes:

      1.    Area is determined by the dimensions of 1 side of a 2 faced sign (e.g., a 25 square foot sign may have 25 square feet of sign face on 1 side, and 25 square feet of sign face on the opposite side).

      2.    Sign height is measured to the top of the sign, or the top of the sign structure, whichever is greater.

      2.   One wall, awning, canopy, projecting or window sign providing it does not exceed eight (8) square feet in size. This sign may not be illuminated.

      3.   Unlighted, on premises, portable or temporary signs providing they are displayed for no more than twenty eight (28) days during one calendar year. These signs may not exceed twelve (12) square feet in size and a height of eight feet (8').

      4.   Real property for sale or under construction. On premises, unlighted signs may be installed as necessary to advertise the sale of, or construction on real property. These signs shall not exceed twelve (12) square feet in size, and a height of eight feet (8').

   C.   Schools, places of worship and places of assembly may have on-premises signs as allowed in, and which comply with the applicable provisions of, subsection (A) of this section regardless of the zone in which they are located.

   D.   With the exception of schools, places of worship and places of assembly, the following are prohibited in the agricultural, rural, agricultural suburban, restricted residential, mining, and high density residential zones in addition to the general prohibitions set forth in this section:

      1.   Internal lighting of signs.

      2.   Electronic message centers.

      3.   Banner signs.

      4.   Pennants and similar displays, individually or strung together.

      5.   Floating or blowup signs.

      6.   Searchlights. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

Variances from the standards set forth in this article shall be heard and decided in accordance with the provisions of section 8.8.203 of this title. (Ord. 493, 6-9-2016)

Appeals from any decision or interpretation of the director pertaining to the standards set forth in this article may be appealed in accordance with the procedure set forth in chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)

Conditional zoning development agreements are a discretionary tool that may be used by the board as a condition of rezoning. Conditional zoning development agreements allow a specific project with a specific use to be developed on one or more parcels located in an area that is not currently zoned for the proposed uses. (Ord. 493, 6-9-2016)

An agreement may be initiated with the consent of the applicant for the rezoning of a particular parcel of land or collection of parcels of land through the following methods:

   A.   On application by the applicant;

   B.   By recommendation of the director;

   C.   By recommendation of the planning commission or a hearing examiner; or

   D.   As required by the board. (Ord. 493, 6-9-2016)

In the event that a hearing body finds that a conditional zoning development agreement should be entered into, the hearing body shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of a proposed agreement. The hearing body shall then proceed as specified herein.

In the event of a determination by the board that an agreement should be entered into, the board may remand the matter to the hearing body to set a time limit for submittal of a proposed agreement. The hearing body shall then proceed as specified in this article. (Ord. 493, 6-9-2016)

In the event of findings by the hearing body, or by requirement of the board to submit an agreement, all time limits required by the provisions of Idaho Code or this title may be stayed, modified, or extended upon affirmative decision of the hearing body or vote of the board. The hearing body or the board may establish time limits for submittal of a proposed agreement. Failure by the applicant to comply with such time limits may be deemed to constitute just cause for termination of conditional zoning development agreement proceedings and denial of the zone change application. (Ord. 493, 6-9-2016)

An agreement shall be in the form required by the director. No agreement shall be accepted by the department which does not include the following:

   A.   The legal name, title and addresses of the applicant, property owner and/or others with a direct vested interest in the conditional zoning development agreement and rezone request.

   B.   A legal description of the property that is subject of the rezone request. Such legal description must be acceptable to the county.

   C.   An affidavit by the owner of the parcel agreeing to submission of the use and property for an agreement upon the adoption of an order by the board approving the requested rezone of the subject parcel.

   D.   The current use of the property for which the conditional zoning development agreement is sought.

   E.   The proposed specific use of the property for which the conditional zoning development agreement is sought and an explanation of how the proposed use is permitted or conditionally permitted in the zone for which application has been made.

   F.   A project summary report, which shall include:

      1.   A narrative description of the proposed density, amenities, improvements or other uses sought, including, but not limited to: height, setbacks, size, and location of all proposed structures or activities on the property.

      2.   The estimated time of start and completion of all proposed development activities. This may be simplified by devising a time line that splits development activities into phases.

      3.   Plans for use and reuse of property after proposed project completion.

      4.   A narrative description of physical and environmental effects, constraints, or limitations of the proposed development, including infrastructure demands, and proposals for mitigation of identified physical and environmental effects, constraints or limitations.

      5.   Economic benefits gained or lost from proposed development.

      6.   Conceptual site plans, with some representation of scale showing the approximate location of any proposed structures, perimeter buffer treatment (as required), road improvements, conceptual drainage strategy, and other proposed usage information. Exhibits on general soil types, topography, slope, vegetation, drainages, and other pertinent land characteristics may also be required.

   G.   Signed letters of application, approval, or preapproval from any applicable federal, state, or local agencies involved in the permitting process for the specific use proposed. Letters shall include any written agreements made with agencies to perform specific action. If letters of application, approval, or preapproval are not provided, acknowledgment and consent to comply with all applicable federal, state and local laws, rules, regulations, and standards shall be substituted.

   H.   A statement by the owner of the property that failure to comply with the commitments in the agreement shall be deemed consent to rezone the property to the preexisting zone. Rezoning of the subject parcel will occur at the time of termination of the agreement and shall comply with the notice and hearing procedures set forth in section 67-6509, Idaho Code. The costs of such rezone shall be paid by the applicant, owner and/or developer.

   I.   Signatures of all applicants, owners, developers, or lawfully authorized agents, shall be notarized, and in the case of lawfully authorized agents, properly executed powers of attorney in a form acceptable to the county's legal counsel shall be presented to the director and shall be made part of the agreement.

   J.   A clause that the commitment shall run with the land and be binding on the heirs, assigns, and successors in interest of the owner and/or developer.

   K.   Any other matter mutually agreeable to the parties. This may include, but is not limited to, performance bonding or other fiscal guarantees. (Ord. 493, 6-9-2016)

The board may require an agreement to be executed to allow a rezone in order to ensure implementation of the project as represented by the applicant and to promote the general health, safety, comfort, convenience, and welfare of the citizens of Kootenai County. A conditional zoning development agreement shall not allow a use of the property that is not a permitted use (whether of right or with the appropriate permit) in the zone requested.

   A.   Conditional zoning development agreements may be recommended for approval by the hearing body, and may be approved by the board, only after public hearings complying with the notice and hearing procedures set forth in section 67-6509, Idaho Code and chapter 8, article 8.4 of this title.

   B.   The hearing body may recommend, and the board may add, conditions, terms, duties or obligations to the development agreement. (Ord. 493, 6-9-2016)

Following approval of a conditional zoning development agreement and adoption of a companion ordinance rezoning the subject property by the board, the agreement shall be recorded in the office of the county recorder at the expense of the property owner or applicant. The recorded agreement shall take effect and be in force upon adoption of the approval order or publication of the ordinance rezoning the subject property, whichever occurs later. The agreement, and all conditions, terms, duties or obligations included therein, shall run with the land and shall be considered to be continuing obligations of the owner, all subsequent owners and any other person acquiring an interest in the property. (Ord. 493, 6-9-2016)

Any owner, subsequent owner, and any other person acquiring an interest in property that is restricted by an agreement adopted pursuant to this chapter, shall comply with all terms, conditions, obligations and duties contained in the agreement. (Ord. 493, 6-9-2016)

   A.   No substantial modification of an agreement may be made without approval of the board unless the modification is required by changes in state or federal laws, rules, or regulations. An agreement may be modified by the board without a public hearing only upon an affirmative recommendation from the hearing body that the proposed modification is not a substantial change to the terms and conditions of the agreement, or that the modification is required by changes in state or federal laws, rules, or regulations.

   B.   After recordation of a conditional zoning development agreement, any party bound by the agreement may seek to modify the agreement. Requests for modification of a conditional zoning development agreement shall comply with the procedures set forth in this article, and may also follow any procedures contained in the original agreement which are consistent with those set forth in this article. The hearing body may recommend to the board, and the board may approve, a substantial modification of a previously adopted agreement based upon the following criteria:

      1.   A public hearing is held which complies with the notice and hearing procedures set forth in section 67-6509, Idaho Code and chapter 8, article 8.4 of this title.

      2.   A finding that the circumstances surrounding the agreement currently in effect have changed and that the proposed modification will:

         a.   Preserve the enjoyment of a substantial property right of the owner;

         b.   Not be detrimental to the public welfare; and

         c.   Not be injurious to other property in the surrounding neighborhood. (Ord. 493, 6-9-2016)

   A.   A conditional zoning development agreement may be terminated by the board without the consent of the breaching party for failure to comply with any term, condition, obligation or duty contained in the agreement. Such termination shall take place after a public hearing on the termination, at which time testimony shall be taken to establish noncompliance with the agreement. The public hearing shall comply with the notice and hearing procedures set forth in section 67-6509, Idaho Code and chapter 8, article 8.4 of this title.

   B.   A conditional zoning development agreement may contain termination procedures, including, without limitation, notification of the persons bound by the agreement of the alleged violation and establishing a reasonable time to remedy the violation prior to the initiation of termination proceedings.

   C.   Upon termination of the agreement, the property which was the subject of the agreement shall revert to the zone applicable as of the date of submittal of the rezone request which resulted in the adoption of the agreement. If no such zone then exists, the zone then in effect which most closely conforms to the characteristics and requirements of the prior existing zone, as determined by the director, shall apply. At that time, all uses of the property which are not permitted within the subsequently applied zone following termination of the agreement shall immediately cease. The property owner may apply for the appropriate permit for any use that is permitted within the subsequently applied zone upon approval of such permit.

   D.   A conditional zoning development agreement shall stipulate that the costs incurred to rezone the property upon termination of the agreement be paid by the applicant, owner and/or developer of the property. (Ord. 493, 6-9-2016)

Conditional zoning development agreements may be enforced by the county through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, or damages for violation of any provision of this article or of any agreement approved pursuant to the provisions of this article. The foregoing enforcement options available to the county shall not be deemed exclusive. (Ord. 493, 6-9-2016)

All actions of the board, the Kootenai County planning and zoning commission, hearing examiners, directors, and/or their designees, concerning any conditional zoning development agreements approved on or after July 7, 1993, are hereby ratified. (Ord. 493, 6-9-2016)

The purpose of this article is to provide the residents of the county with a uniform and standardized system of road naming and addressing to:

   A.   Minimize future road name and addressing conflicts;

   B.   Provide a database for county records and enhanced 911 service;

   C.   Expedite property identification by emergency services; and

   D.   Comply with addressing guidelines issued by the National Emergency Number Association (NENA), the U.S. postal service (USPS), and emergency communications providers. (Ord. 493, 6-9-2016)

   A.   The department shall have the responsibility of implementing, enforcing and maintaining the addressing and road naming standards set forth in this article.

   B.   In the event that violations of this chapter are not corrected by the date required herein, the county may perform the work and bill the property owner for work completed.

   C.   Property owners shall be responsible for posting address numbers in accordance with sections 8.4.1005 and 8.4.1012 of this article, and for erecting private road signs in accordance with section 8.4.1011 of this article. Addresses and road names shall be posted within four (4) months of issuance of the address or road name.

   D.   Each highway district will be responsible for erecting and maintaining public road signs at district road intersections within their respective boundaries. Each highway district will also supervise the erection of private road signs.

   E.   Property owners shall be responsible for the designation of access points on the public or private road and installation and maintenance of all required road signs. The access points designated by the owner shall be utilized to determine the address of the parcel. Access points shall be subject to county review and approval to ensure that they are accessible to emergency service providers.

   F.   All addresses shall comply with the addressing guidelines outlined in section 8.4.1001 of this article. The order of precedence will be NENA, emergency communications providers, and USPS.

   G.   The county geographic information systems (GIS) department will hold and maintain all official addressing data. (Ord. 493, 6-9-2016)

Kootenai County shall be divided into four (4) quadrants with the address origination point located at the southwest corner of section 13, township 50 north, range 4 West Boise meridian, as follows:

   A.   To the north, from the origination point as defined above, to Kootenai County's north boundary.

   B.   To the east, from the origination point as defined above, to Kootenai County's east boundary.

   C.   To the south, from the origination point as defined above, along the centerline of Coeur d'Alene Lake to Kootenai County's south boundary.

   D.   To the west, from the origination point as defined above, to the centerline of the Spokane River, then westerly down the centerline of the Spokane River to Kootenai County's west boundary. (Ord. 493, 6-9-2016)

   A.   Addressing: Address numbering along Kootenai County's roads shall be based on the quadrant grid as defined in section 8.4.1003 of this article. The county will coordinate with each city within the county in order to ensure addressing compatibility.

      1.   Address numbers will run consecutively to the north, south, east and west from the point of beginning.

      2.   From the point of beginning of the road or common driveway, one thousand six hundred (1,600) address numbers will be designated per mile along the road or common driveway. The point of beginning will be assigned a starting number based on its position on the address grid.

         a.   All addresses along a road common to a city address protection area shall be addressed on both sides of the road as if it were a city address, excluding the city address protection area for Post Falls.

         b.   All area within the city address protection area for Post Falls, bounded on the east by Huetter Road, on the north by Prairie Avenue, on the west by State Highway 53 and the Idaho/Washington state line and on the south by the Spokane River, shall be city designated addresses. All structures on both sides of Huetter Road, Prairie Avenue and Highway 53 shall be county designated addresses.

      3.   All addresses shall be defined with a direction (North, South, East or West), which may be abbreviated using a directional letter (N, S, E, or W), following the address number pursuant to the grid defined in section 8.4.1003 of this article. (Example: 6400 North Greensferry Road or 6400 N. Greensferry Road.)

      4.   Even numbers shall appear on the south and east side of roads, and odd numbers on the north and west sides.

   B.   Assignment Of Address Numbers:

      1.   If a non-residential building has a number of entrances each serving a separate occupant, then the building shall be assigned an address, and each individual unit shall be assigned a unit number.

      2.   A multiple family dwelling structure with one main entrance shall be assigned one address number. Parcels with more than one (1) multiple family dwelling structure may designate a named driveway providing access to all structures, with each structure assigned its own address number. The owner of the parcel shall be responsible for providing designated individual numbering of each unit before an address number will be issued to any structure.

      3.   Roads within a manufactured home park shall be named and signed, and each manufactured home space assigned an address number, according to the provisions of this article.

      4.   A diagonal or meandering road shall be assigned numbers depending upon the quadrant and the address baseline that it most favors.

      5.   Circle and loop road direction designations shall be determined by the road's predominate direction.

         a.   For circle roads, the numbering shall start at the intersection point of the road closest to the county address origination point and shall proceed in a clockwise direction using a consecutive numerical order with the odd/even numbers based on the starting point of the circle road as if the road were straight.

         b.   For loop roads, the beginning of the road is designated by the closest intersection to the origination point and increased numerically to that point that is farthest from the origination point.

      6.   Parcels with structure(s), or bare land parcels, which are accessed by a driveway shall be assigned an address at the point where the driveway intersects a named road or named common driveway.

      7.   For parcels that are accessed by multiple driveways, the owner shall designate a primary access point that will be used for address assignment. Such access points are subject to review and approval of the county to ensure that they are accessible to emergency service providers. If this primary access point is not designated by the property owner, the planning director shall make the official determination to allow the proper addressing of the property.

      8.   Each public and private road shall be assigned a road name, and all parcels which directly access the road shall be addressed in accordance with the provisions of this article. Common driveways may be named at the request of all property owners served by the common driveway. All named common driveways shall be addressed in accordance with the provisions of this article.

      9.   Each parcel served by an unnamed common driveway shall be assigned its own address based on the point at which the common driveway intersects a public road, private road, or named common driveway.

      10.   Parcels with multiple structures will be addressed on a case by case basis. If the Department assigns multiple addresses to a parcel pursuant to this paragraph, the director may also require naming of the driveway providing access to those structures. Decisions on such matters will depend on the number of separate addresses assigned along the driveway.

      11.   In no case will addresses be issued to illegal structures or uses not properly permitted under the provisions of this title. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

Physical address numbers shall be clearly readable from the roadway, and shall contrast with background color in accordance with the fire code adopted by the county or the fire protection district with jurisdiction, as applicable. If a structure is more than seventy five feet (75') from the road, or is otherwise not clearly visible from the road, its address shall be posted at the intersection of its access road and public or private road. The address sign shall be no less than four feet (4') nor more than six feet (6') above the ground on a substantial, maintained support structure. The view of the address from the road must be unobstructed and maintained. All primary letters, numbers and symbols shall be a minimum of three and one-half inches (31/2") in height, with a one-half inch (1/2") stroke, and shall contrast with the background color. (Ord. 493, 6-9-2016)

Designation of roads within the unincorporated areas of Kootenai County shall be in accordance with the following guidelines:

   A.   All named roads that extend from incorporated areas into unincorporated areas shall retain the same name except as may be specifically approved by the director or the board.

   B.   Roads which have a definite north-south directional course shall be designated as a street. Roads which have a definite east-west directional course shall be designated an avenue.

   C.   Roads which do not have a definite directional course shall be designated as a road, drive, trail, way or lane.

   D.   A dead end road or cul-de-sac less than one thousand feet (1,000') in length, when not an extension of an existing road or a continuation of a proposed road, shall be called a court.

   E.   A road that has its ingress and egress on the same road shall be designated a loop.

   F.   A road that circles back upon itself shall be designated as a circle.

   G.   Special scenic routes or park drives may be designated parkways upon review and approval by the director.

   H.   A road which has less than a one hundred twenty five foot (125') centerline alignment offset from an existing road intersection shall continue the same road name, provided that this would not conflict with the standards contained in section 8.4.1004 of this article. A road, which has more than a one hundred twenty five foot (125') centerline alignment offset from an existing road intersection, shall adopt a new name.

   I.   Duplicate road names are prohibited. Existing duplicated names shall be corrected in accordance with this article. (Ord. 493, 6-9-2016)

In selecting road names, consideration shall be given to the following:

   A.   The centerline alignment road name standards of subsection 8.4.1006H of this article shall be observed for noncontinuous roads, unless there is no possibility for extension of the road to make it a continuous through road.

   B.   There shall be no duplication of existing names. The county shall assemble, update and maintain an official list of all road names throughout the county for use by all jurisdictions.

   C.   Names of similar pronunciation and/or spelling shall be prohibited (example: Briar Lane, Brier Lane).

   D.   Variations of the same name with a different road designation shall be prohibited within the first word of the two (2) word title or in the road extension (example: Pine Road, Pine Drive, White Pine Rd., White Lilly Ln.).

   E.   No road name shall consist of more than three (3) words or contain more than sixteen (16) letters, excluding the road direction (N, S, E, W) and extension (street, lane, court, etc.).

   F.   No road shall have more than one name.

   G.   No road name shall contain the words north, south, east or west or any combination thereof within the road name. (Ord. 493, 6-9-2016)

Any new road to be established within the county, public or private, or any existing unnamed road, public or private, shall require a road name approved by the director.

   A.   In the case of plats, approved road names shall be specified on the final plat map.

   B.   In the case of other new roads or naming of unnamed roads, the owner of, or any person with a bona fide interest in, a parcel abutting the road may file a request to officially name the road.

      1.   The request shall be made on a form provided by the department.

      2.   The procedure for approval of a request to name a road shall be as set forth in section 8.8.204 of this title.

      3.   If the owners present a petition bearing the signatures of at least fifty one percent (51%) of the property owners (excluding federal, state, public utilities and municipal lands) whose properties abut the road, the road shall be officially named. Property owners who own more than one property abutting a road shall only have one vote. The director shall notify by first class mail all property owners along the road. Tax assessment records shall be used for owner address information.

      4.   If the petition bears the signatures of less than fifty one percent (51%) of the owners whose property abuts the road, the name shall be temporary. Property owners shall have thirty (30) days to respond. A property owner's failure to respond during the thirty (30) day period shall be deemed as an approval of the name by that property owner. The director shall only consider a request to name a road if all road naming requirements of this article are met. The director shall officially designate the road name having the greatest percentage of approval in the event a fifty one percent (51%) approval is not obtained.

   C.   In cases where the property owners have not petitioned, as outlined in subsection B of this section, the department shall choose an unduplicated road name. Notice shall be given to the property owners by first class mail. Tax assessment records shall be used for owner address information. Property owners shall have thirty (30) days to respond with their appeal if they dispute the chosen name. If no adverse response from more than fifty one percent (51%) of the ownership is received within the thirty (30) day period, the planning director shall officially name the road. Roads named pursuant to section 8.4.1010 of this article shall be exempt from this requirement. (Ord. 493, 6-9-2016)

The names of all roads named as a result of the county mapping and rural addressing project for enhanced 911 contract dated October 14, 1997, shall be designated as the official road names unless any such roads are subsequently renamed in accordance with section 8.4.1010 of this article. (Ord. 493, 6-9-2016)

   A.   Renaming Of Existing Duplicated Road Names: Where duplicate names exist, roads shall be renamed by the director to eliminate the duplication.

      1.   The director shall decide which roads shall be renamed using the following criteria:

         a.   When the road was originally named.

         b.   The number of improved properties served by the road.

         c.   Other relevant factors.

      2.   When a road name within the unincorporated area of the county is duplicated by a road name within a city, the county shall work with the city to decide which road shall be renamed. Roads shall be renamed in accordance with the procedures outlined in subsection 8.4.1008C of this article.

   B.   Renaming Other Roads: In cases where property owners request to change the name of a road which has an existing county approved name, the property owners may petition the county in the same manner as outlined in subsection 8.4.1008B of this article. Property owner initiated requests under this section shall require seventy five percent (75%) approval of property owners abutting the road and the payment of an applicable fee. Road names shall not be changed more frequently than once every five (5) years. (Ord. 493, 6-9-2016)

   A.   General: Road signs shall be placed in accordance with subsection B of this section to be clearly visible at intersections. All primary letters, numbers, and symbols shall be a minimum of four inches (4") in height, with a one-half inch (1/2") stroke, and shall be reflectorized and contrasting with the background color of the sign in accordance with the "Manual Of Uniform Traffic Control Devices" (MUTCD). Specifically, public road signs shall be green with white lettering. Private road signs shall be blue with white letters. All public and private road signs shall be constructed and installed to the standards of the highway district with jurisdiction. Private road signs shall be erected under the supervision of the highway districts.

   B.   Installation Standards: Proper positioning of signs is essential to obtain maximum safety, efficiency and observance. While the MUTCD establishes minimum standards, positioning of signs must also comply with the following additional standards:

      1.   Sign visibility requirements as noted in the MUTCD are set at a height of five feet (5') minimum in rural areas and seven feet (7') in urban areas above the road surface.

      2.   Road signs placed for public roads shall be set by the appropriate highway district, and shall meet the MUTCD standards.

      3.   Road signs shall be installed on either a treated four inch by four inch (4" x 4") post, eight feet (8') in length, with three and one-half feet (3.5') buried in the ground, or a metal pipe of the same length and burial depth. The road signs shall be bolted directly to the post, utilizing a bracket that will allow the sign to be seen from two (2) sides.

      4.   Road signs may be mounted on the stop or yield signposts with an approved bracket, and after receiving approval from the highway agency with jurisdiction. Road signs shall be set a minimum of six feet (6') from the road edge, and a maximum of thirty feet (30') from the road edge, depending on the line of sight or topography. If a curb is present, the signpost shall be set a minimum distance of two feet (2') from the curb edge. (Ord. 493, 6-9-2016)

   A.   A shoreline distance based system may be used by emergency service agencies to assign numerical points to facilitate emergency responses. These marine response identification numbers shall not be used as addresses except for those parcels that do not have any access other than by water.

   B.   Marine response identification numbers shall be based on a shoreline distance measurement from a uniform starting point as follows:

      1.   For Coeur d'Alene Lake, the west shoreline numbers shall start at that point where the west side of the U.S. Highway 95 Bridge intersects the Spokane River. The east shoreline numbers shall start at that point where the east side of the Highway 95 Bridge intersects the Spokane River. Odd and even numbers may occur on the same side of the lake.

      2.   For Spirit Lake, the north and south shores shall be consecutively numbered starting at the Spirit Lake Road Bridge over the outlet at the north end of the lake and continuing to the mouth of Brickel Creek on the west end of the lake. Odd and even numbers may occur on the same side of the lake. The directional letter shall refer to the shore where the parcel is located.

      3.   For both Upper and Lower Twin Lakes, the north and south shores shall be consecutively numbered, starting at the bridge between the two (2) lakes. For Lower Twin Lake, Rathdrum Creek shall serve as the dividing point on the east end. For Upper Twin Lake, Fish Creek shall serve as the dividing point on the west end. Odd and even numbers may occur on the same side of the lake. The directional letter shall refer to the shore where the parcel is located.

      4.   For other navigable lakes and water bodies within Kootenai County, marine response identification numbers shall be established starting at a readily identified point on the water body and numbered consecutively.

   C.   Where a marine response identification number is used as an address for a parcel, the number shall be posted on a pier, dock or other waterfront appurtenance, no less than four feet (4') nor more than six feet (6') above the ground or high water line. The sign must be clearly readable to emergency providers arriving by boat. In cases where the marine response identification number is not used as an address (where road access is available and a road address has been issued), the marine response identification number shall be posted in accordance with the policies of those emergency service providers with jurisdiction. (Ord. 493, 6-9-2016)

   A.   Controversial Or Disputed Road Names: The director shall have the discretion to refer any disputed road name, addressing issues or controversial road name changes to the board for approval or resolution.

   B.   Appeals: Any decision of the director made pursuant to this article may be appealed to the board in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)

   A.   Violations: It shall be unlawful for any person to:

      1.   Erect or install a street name sign not in accordance with this chapter;

      2.   Remove, alter, change or deface a street name sign or address identification erected or installed as provided herein;

      3.   Place or post addresses not approved by this chapter; or

      4.   Fail to place an address visible from the road and/or waterway.

   B.   Enforcement: Enforcement of the provisions of this article shall be in accordance with the provisions of chapter 8, article 8.6 of this title. (Ord. 493, 6-9-2016)

   A.   In order to be eligible for issuance of permits, a parcel shall meet at least one of the following criteria:

      1.   The parcel was created by a deed describing the property by metes and bounds, or aliquot parts, which was recorded in the office of the Kootenai County recorder on or before January 3, 1973; or

      2.   The parcel was created by a deed describing the property by metes and bounds, or aliquot parts, which was recorded in the office of the Kootenai County recorder after January 3, 1973, and on or before November 17, 1995, by means other than the county's subdivision process in effect at the time of creation, and has duly recorded legal access to a public road or from water; or

      3.   The parcel was created by a deed describing the property by metes and bounds, or aliquot parts, which was recorded in the office of the Kootenai County recorder after November 17, 1995, pursuant to an exemption to the county's subdivision approval requirements in effect at the time of creation, and has duly recorded legal access to a public road; or

      4.   The parcel is a railroad or road right of way which was lawfully abandoned and subsequently conveyed by the former owner of the right of way.

      5.   The lot was created pursuant to subdivision approval in accordance with the subdivision regulations in effect at the time of application; and

         a.   The subdivision plat was recorded in the office of the Kootenai County recorder; and

         b.   Either:

            (1)   The lot has legal access from a public or private road, as approved at the time of platting, and driveways meet the standards set forth in article 4.2 of this chapter; or

            (2)   The lot has legal access from water only, if such access was approved at the time of platting.

   B.   Lots are created as of the date of recordation of the plat creating the lot. All lots contained within a plat which modifies one or more previously created lots shall be deemed to be newly created lots as of the date of recordation of the plat.

   C.   A parcel which is not a lot is created upon the occurrence of the following:

      1.   Parcel Created On Or Before November 17, 1995: A parcel created by a deed describing the property by metes and bounds, or aliquot parts, which was executed on or before November 17, 1995, and subsequently recorded in the office of the Kootenai County recorder shall be deemed to have been created as of the date of execution of the deed.

      2.   Parcel Created After November 17, 1995: A parcel created by a deed describing the property by metes and bounds, or aliquot parts, which was executed after November 17, 1995, and subsequently recorded in the office of the Kootenai County recorder shall be deemed to have been created as of the date of recordation.

      3.   Unrecorded Deed: Parcels cannot be created via unrecorded deed or via execution of a contract for the sale of the property, even if such contract has been recorded.

      4.   Remainder Parcels: If a portion of a then existing parcel has been conveyed via execution and recordation of a deed describing the property by metes and bounds, or aliquot parts, the remaining portion of the parcel shall be deemed to have been created as of the date of creation of the parcel formed as a result of the conveyance.

   D.   Access to residential lots via driveways, common driveways, and private roads shall comply with the requirements of article 4.2 of this chapter. (Ord. 493, 6-9-2016)

   A.   A corner lot is a parcel located at the corner of an intersection of two (2) or more streets. A parcel abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the parcel meet at an interior angle of less than one hundred thirty five degrees (135°).

   B.   A double frontage lot is a parcel other than a corner lot which abuts two (2) or more streets.

   C.   An interior lot is a parcel other than a corner lot with only one frontage on a street.

   D.   A reversed frontage lot is a parcel on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, a double frontage lot, an interior lot, or a through lot.

   E.   A through lot is a parcel in which a road runs through.

   F.   A waterfront lot is a parcel that adjoins or abuts the high water mark of a lake, river, or stream. (Ord. 493, 6-9-2016)

   A.   Depth of a parcel shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side boundary lines in front and the rearmost points of the side boundary lines in the rear.

   B.   Width of a parcel shall be considered to be the distance between straight lines connecting front and rear boundary lines at each side of the parcel, measured across the rear of the required front yard; provided, however, that width between side boundary lines in the foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required parcel width, except in the case of parcels on the turning circle of cul-de-sacs, where the eighty percent (80%) requirement shall not apply. (Ord. 493, 6-9-2016)

   A.   Compliance With Minimum Size Requirements: Except as otherwise permitted in this title, yards and parcels shall meet at least the minimum parcel size, yard coverage and setback requirements which apply to the zone in which the parcel is located, and no existing yard, parcel size or setback area shall be reduced in dimension or area below these minimum requirements.

   B.   Calculation Of Parcel Size:

      1.   The size of a parcel may be figured using gross acreage (including 1/2 of the adjacent right of way) if the gross acreage of the parcel is five (5.00) acres or larger, and the net acreage (excluding right of way) is no more than ten percent (10%) smaller than the minimum lot size which applies to the underlying zone (for example, 4.50 net acres or larger for a parcel with a gross acreage of 5.00 acres).

      2.   The size of a parcel which is smaller than 5.00 gross acres shall be figured using net acreage. (Ord. 493, 6-9-2016)

   A.   In General: Except as otherwise provided in this section, the front of a parcel shall be the portion of the parcel closest to the nearest public or private road.

   B.   Corner Lots: The front of a corner lot shall be the portion of the parcel where the primary access to the parcel intersects with a road. The other road abutting the parcel shall be considered a flanking street for purposes of yard and setback requirements.

   C.   Double Frontage Lots: The front of a double frontage lot shall be the portion of the parcel where the primary access to the parcel intersects with a road. The other road abutting the parcel shall be considered the rear of the parcel for purposes of yard and setback requirements.

   D.   Through Lots: The portions of the parcel abutting both sides of the road shall be considered the front of the parcel for purposes of yard and setback requirements.

   E.   Waterfront Lots: The shoreline shall be considered the rear of a waterfront lot unless there is no road access to the parcel, in which case the shoreline shall be considered the front of the parcel.

   F.   Effect Of Prior Interpretations: Notwithstanding the provisions of subsections A through E of this section, prior interpretations and determinations pertaining to frontage of an existing parcel shall remain effective as to that parcel, and shall not cause the parcel to be regarded as nonconforming. (Ord. 493, 6-9-2016)

   A.   Measurement Of Setbacks:

      1.   Setbacks from public roads which have a definite right-of-way location and width set forth in a plat, deed, record of survey, or other instrument recorded in the official records of Kootenai County shall be measured from the edge of the right-of-way regardless of the presence or absence of improvements within the right-of-way.

      2.   Setbacks from public roads which do not have a definite right- of-way location or width set forth in a plat, deed, record of survey, or other instrument recorded in the official records of Kootenai County shall be measured from a line twenty five feet (25') from, and parallel to, the centerline of the roadway.

      3.   Setbacks from private roads which have a definite right-of-way location and width set forth in a plat, deed, record of survey, or other instrument recorded in the official records of Kootenai County shall be measured from the edge of the right-of-way if the roadway is actually located entirely within such right-of-way.

      4.   Setbacks from private roads shall be measured from the edge of the roadway when either:

         a.   There is not a definite right-of-way location or width set forth in a plat, deed, record of survey, or other instrument recorded in the official records of Kootenai County; or

         b.   The roadway is actually located entirely or partially outside of the right-of-way set forth in a plat, deed, record of survey, or other instrument recorded in the official records of Kootenai County.

   B.   Effect Of Prior Interpretations: Notwithstanding the provisions of subsection A of this section, prior interpretations and determinations pertaining to the setbacks that apply to an existing parcel shall remain effective as to that parcel, and shall not cause the parcel to be regarded as nonconforming.

   C.   Exceptions To Setback Requirements: The setback requirements set forth in this title shall not apply to:

      1.   Fences which are less than eight feet (8') in height.

      2.   Poured concrete structures on grade, such as patios and sidewalks.

      3.   Platforms necessary for access from roadways to garages or for parking purposes and which are not enclosed.

      4.   Stairways, walkways, and stairway landings which comply with the following standards:

         a.   Stairways and walkways shall not exceed four feet (4') in width.

         b.   Stairway landings shall not exceed six feet (6') in width or length.

         c.   The following setback requirements shall apply:

            (1)   Front and rear yard: None.

            (2)   Side yard: Five feet (5').

      5.   Eave projections which:

         a.   Do not exceed two feet (2'); or

         b.   Are for the purpose of covering a stairway or walkway permitted pursuant to this subsection. The setback requirements contained in subsection C4 of this section shall also apply to such eave projections.

      6.   Driveways and common driveways.

      7.   Unimproved private road rights-of-way.

      8.   Retaining walls.

      9.   Decks that are no higher than one foot (1') above grade.

   A.   General Rule: Deeds shall be interpreted in a manner which best effectuates the intent of the grantor.

   B.   Specific Rules Of Interpretation:

      1.   The intent of the grantor shall be determined by the deed language alone if the language is clear and unambiguous.

      2.   If deed language is ambiguous, evidence extrinsic to the deed may be considered, and well recognized rules of statutory interpretation may be applied, to determine the intent of the grantor.

      3.   Ambiguity exists whenever language is subject to two (2) or more reasonable interpretations.

   C.   Special Considerations:

      1.   Deeds shall not be interpreted solely on the basis of punctuation or changes in punctuation between deeds conveying the same property.

      2.   Changes in the wording of legal descriptions between deeds conveying the same property shall not be deemed controlling as to the number of parcels created by any given deed, nor as to whether parcels were divided or consolidated through the recordation of a given deed. (Ord. 493, 6-9-2016)

   A.   Findings: Based on evidence concerning the adverse impacts of sexually oriented businesses on the community, the board hereby makes the following findings:

      1.   Sexually oriented businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature, and for other unlawful or unhealthy activities that are not well controlled by the operators of the establishments;

      2.   The concern over sexually transmitted diseases, including HIV, is a legitimate health concern of the county which demands reasonable regulation of sexually oriented businesses in order to protect the health and well being of the citizens;

      3.   Sexually oriented businesses have a deleterious effect on both neighboring businesses and surrounding residential areas, generally causing an increase in crime and a decrease in property values, contribute to blight, and downgrade the quality of life in these areas, particularly when two (2) or more such businesses are located in close proximity to one another;

      4.   Children are particularly susceptible to the harmful impact of exposure to the effects of sexually oriented businesses, including those encountered when they walk through or visit in the immediate area around such businesses;

      5.   Sexually oriented businesses require special supervision from public safety agencies and local government regulation in order to protect the health, safety and welfare of the patrons of such businesses as well as the citizenry at large;

      6.   Regulation of sexually oriented businesses furthers substantial governmental interests and is necessary because, in the absence of such regulation, significant criminal activity, including prostitution, narcotics and liquor law violations, has historically and regularly occurred;

      7.   The board wishes to minimize and control adverse effects and thereby protect the health, safety and welfare of the citizens, preserve the quality of life, property values and character of surrounding neighborhoods, and deter the spread of blight and protect the citizens from increased crime; and

      8.   It is not the intent of the regulations set forth in this article to suppress any speech protected by the first amendment, but rather, to enact content neutral regulations that address the particular adverse impacts of sexually oriented businesses.

   B.   Intent: The intent of this article and other pertinent provisions of this title is to set reasonable and uniform regulations to prevent the deleterious location and siting of sexually oriented businesses. These regulations impose restrictions no greater than necessary to further the county's interest in preventing or mitigating the negative effects of sexually oriented businesses. The provisions of this article and other pertinent provisions of this title are to be construed as a regulation of time, place, and manner of the location of these businesses, consistent with the United States and Idaho constitutions. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the first amendment. It is also not the intent of this article to condone or legitimize the distribution of obscene material or material not protected by the first amendment.

   C.   Relationship To State Law: The provisions of this article are not intended to abrogate the standards or enforcement of the standards pertaining to indecency and obscenity set forth in title 18, chapter 41, Idaho Code, although such standards may in some circumstances be more restrictive than this article. It is the intent of the board, however, that the standards contained in this article are to survive any repeal, amendment, or adverse judicial holding with respect to title 18, chapter 41, Idaho Code. (Ord. 493, 6-9-2016)

In recognition of the findings and intent set out in section 8.4.1201 of this article, sexually oriented businesses shall be subject to the following standards:

   A.   Sexually oriented businesses shall be permitted of right in the industrial zone only. Sexually oriented businesses are prohibited in all other zones.

   B.   Sexually oriented businesses shall comply with the location requirements set forth in section 67-6533, Idaho Code.

   C.   No sexually oriented business shall be located within one thousand feet (1,000'), measured from property line to property line, of any of the following:

      1.   Any public or private school, college, university, or trade or vocational school;

      2.   A boundary of any residential district;

      3.   Any single-family, single-family attached, two-family, or multi-family dwelling unit;

      4.   Any publicly or privately owned park that is available for use by the general public;

      5.   Any childcare center, preschool, head start or similar facility;

      6.   Any place of worship or place of assembly;

      7.   Any business licensed to distribute, sell, or serve alcoholic beverages; and

      8.   Another sexually oriented business.

   D.   It is unlawful to cause or permit the operation or maintenance of more than one sexually oriented business in the same building, structure, lot, parcel, or portion thereof regardless of whether such businesses would be owned or operated by the same owner or lessee.

   E.   No sexually oriented business will be permitted to operate as an accessory to an otherwise permitted use.

   F.   Sexually oriented businesses shall not be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified anatomical areas and/or specified sexual activities by display, decorations, signage, show window, or other opening from any public right of way.

   G.   Signage for sexually oriented businesses shall not display any pictures, photographs, silhouettes, drawing, or other pictorial representations of a sexually oriented nature.

   H.   No alcoholic beverages shall be possessed, sold, distributed, served, or consumed on any parcel on which a sexually oriented business is located. (Ord. 493, 6-9-2016)

In the agricultural suburban, restricted residential, and high density residential zones, off street parking for vehicles shall be required as follows:

   A.   One off street parking space shall be required for a single- family dwelling.

   B.   Two (2) off street parking spaces shall be required for a two- family dwelling.

   C.   Two (2) off street parking spaces per dwelling unit shall be required for multiple-family dwellings and manufactured home parks.

   D.   One additional off street parking space shall be required for an accessory living unit or temporary hardship unit.

   E.   The requirements of this section may be increased or reduced as a condition of an administrative approval, conditional use permit, or special notice permit to the extent necessary to reasonably address the impacts of the uses approved in the permit. (Ord. 493, 6-9-2016)

All uses in the commercial zone shall meet the following standards:

   A.   Parcels shall have direct access from a public road.

   B.   Uses shall comply with all applicable requirements of this chapter.

   C.   Anticipated traffic impacts shall be calculated using the most current edition of the "Trip Generation Manual" published by the Institute Of Transportation Engineers, to determine whether a special notice permit is required pursuant to section 8.2.607 of this title.

   D.   Uses shall comply with the applicable requirements of the applicable highway district and Idaho transportation department, or if the site is within an area of city impact, the associated city's standards for access, approaches, and street design, whichever is the higher standard.

   E.   If an existing community water system within one thousand feet (1,000') of the site is willing and able to provide water service to the use, connection to that system shall be required.

   F.   Uses shall comply with the applicable requirements of the Panhandle health district for sanitary sewage disposal.

   G.   Uses shall comply with the applicable requirements of the Panhandle health district's critical materials regulation, IDAPA 41.01.01.100.

   H.   Fire protection.

      1.   Uses on parcels located within the boundaries of a fire protection district shall meet all applicable regulations of that district.

      2.   Uses on parcels which are not within the boundaries of any fire protection district shall incorporate such fire protection measures as may be recommended by the state fire marshal or by the fire protection district contracted to provide fire code compliance inspections for the area in which the parcel is located.

   I.   No use shall generate sound pressure levels greater than eighty (80) dBA as measured at the property line.

   J.   Fifty percent (50%) of the area of all sites must be left in open spaces free from structures.

   K.   Units in condominium/vacation rental facilities must be available for rental at least one hundred eighty two (182) days per calendar year.

   L.   Outdoor storage of materials and machinery must comply with the setback areas set forth in section 8.2.605 of this title, except that automobiles and other machinery normally displayed for sales purposes on an open lot may be displayed within setback areas. (Ord. 493, 6-9-2016)

   A.   No use of land in the Mining Zone shall be conducted on a parcel of land less than five (5) acres except for general farming and forestry.

   B.   Mining operations shall comply with the applicable provisions of Idaho law and the administrative rules and permitting requirements of the Idaho Department of Lands.

   C.   All mining operations shall be set back at least one thousand feet (1,000') from any parcel within the Agricultural, Rural, Agricultural Suburban, Restricted Residential, or High Density Residential Zone, except that a setback of at least two hundred feet (200') may be allowed in conjunction with a structural or vegetative buffer designed to provide adequate visual, noise and dust screening of mining operations required as part of a conditional zoning development agreement executed in accordance with the provisions of chapter 4, article 4.9 of this title.

   D.   Excavations shall be at least fifty feet (50') from any property line and seventy five feet (75') from any public highway right-of-way unless a greater setback is required by the Idaho Department of Lands or by the highway agency with jurisdiction.

   E.   Whenever use of a site has been terminated, the owner shall engage in reclamation of the site in accordance with the reclamation plan approved by the Idaho Department of Lands.

   F.   Topsoil removed during mining operations shall be retained and stored so that it may be used for reclamation. Topsoil may be retained and stored off-site until needed for reclamation operations.

   G.   Fencing shall be sufficient to exclude people and animals.

   H.   Road approaches to a site shall meet the requirements of the appropriate agency with jurisdiction.

   I.   Outdoor storage of materials and machinery must comply with the setback areas set forth in this section. (Ord. 517, 1-25-2018)

All commercial, manufacturing, and industrial uses in the Light Industrial and Industrial Zones shall comply with the following performance standards:

   A.   Fire And Explosion Hazards: Uses shall be carried on in such a manner and with such precautions against fire and explosion hazards as provided in the applicable Building Codes adopted pursuant to title 7, chapter 1 of this Code.

   B.   Access: Parcels shall have direct access from a public road, or from a frontage road or interior road with direct access from a public road.

   C.   Illumination: Unless otherwise required by law, direct and indirect illumination shall not exceed 0.2 foot-candle at the edge of the parcel or parcels on which the use is located.

   D.   Good Housekeeping: Sites shall be maintained in accordance with good housekeeping principles and sound operating practices.

   E.   Compliance With Laws: Uses must comply with all applicable laws and regulations promulgated by public agencies with jurisdiction.

   F.   Storage:

      1.   All raw materials, finished products, machinery, and equipment, including company owned or operated trucks, shall be screened or stored within a building, a fence, or vegetative barrier.

      2.   Outdoor storage must comply with the setback areas applicable in the respective zone.

      3.   Storage of petroleum products shall not exceed five thousand (5,000) gallons except as may be authorized via approval of a conditional use permit. Storage of petroleum products shall conform to the requirements set forth in subsection G of this section and those contained in the publication entitled "Best Management Practices For Containing Critical Materials During Above Ground Storage And Handling", published by Kootenai County.

   G.   Flammable Materials:

      1.   The manufacture, transportation, utilization, and storage of flammable materials shall be conducted in accordance with accepted standards for safety and fire prevention. Such standards shall include the international fire code, and the applicable standards of the American Petroleum Institute, the Manufacturing Chemists' Association, and other organizations that promulgate standards of good practice.

      2.   The storage, utilization, or manufacture of flammable gases or liquids having a flashpoint below one hundred ten degrees Fahrenheit (110°F) shall not be permitted within two hundred feet (200') of the boundary line separating a site from any area within Kootenai County except when stored underground or in containers of five thousand (5,000) gallons or less above ground. When flammable gases are stored in the gaseous phase, the above limit in gallons shall be multiplied by thirty (30) to obtain the limit in cubic feet at 14.7 pounds per square inch absolute and sixty degrees Fahrenheit (60°F).

      3.   Flammable liquids which may drain to a waste collection and treatment system shall be trapped and contained at a point within the plant boundaries. No flammable liquids shall be permitted in the central waste collection and treatment system.

      4.   Storage of flammable materials shall comply with the requirements of Panhandle health district or other agency with jurisdiction.

   H.   Noise:

      1.   Noise emissions from any site shall not cause sound pressure levels greater than those listed in column 3 below, measured at any point beyond the plant property line, either at ground level or at a habitable elevation, whichever is more restrictive.

SOUND PRESSURE LEVEL
(Decibels, Re: 0.0002 Microbar)

 

For the convenience of those who may wish to use sound level meters calibrated in accordance with the American standard Z24.10-1953, the following table shall be considered equivalent to the table listed above:

SOUND PRESSURE LEVEL
(Decibels, Re: 0.0002 Microbar)

 

      2.   Sound levels shall be measured with a sound level meter and an associated octave band analyzer, both manufactured in accordance with standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impact noises shall be measured with an impact noise analyzer. (Ord. 493, 6-9-2016)

In addition to the standards set forth in section 8.4.1304 of this article, all commercial, manufacturing, and industrial uses in the light industrial zone shall comply with the following performance standards:

   A.   No obnoxious odors of any kind shall be emitted.

   B.   No waste or dust created by business operations shall be exhausted into the air.

   C.   No treated or untreated sewage or waste shall be discharged into any reservoir or lake. Discharge and disposal of untreated sewage or industrial waste shall comply with the standards approved by the appropriate agency with jurisdiction.

   D.   No mining, extraction, filling, or soil stripping operations shall be conducted.

   E.   Industrial fuel shall be limited to wood, oil, natural gas, gasoline, diesel fuel, and electricity. (Ord. 493, 6-9-2016)

In addition to the standards set forth in section 8.4.1304 of this article, all uses in the industrial zone shall comply with the following performance standards:

   A.   Open Space: Twenty percent (20%) of the area of the site must be left in open space free from structures.

   B.   Emissions: Emissions of dustfall, smoke, and suspended matter shall meet the requirements of the state of Idaho air pollution control commission.

   C.   Odors: The release of odorous material from any plant shall be controlled so as not to become a nuisance or source of unreasonable discomfort at any point beyond the plant property line.

   D.   Toxic Materials: The discharge of toxic materials shall meet the requirements of the state of Idaho air pollution control commission.

   E.   Radioactive Materials: The manufacture, utilization, and storage of radioactive materials shall comply with the regulations established by the nuclear regulatory commission, the Idaho department of health, and other authorities having jurisdiction.

   F.   Explosive Materials: The manufacture, transportation, storage, and use of materials or products which decompose by detonation shall be conducted in accordance with the National Fire Protection Association standard no. 495, "Code For Manufacture, Transportation, Storage And Use Of Explosives And Blasting Agents", and the rules and regulations governing explosives promulgated by the state of Idaho and other authorities having jurisdiction. Explosive materials not covered by these standards and regulations shall be manufactured, stored, or utilized no closer than one hundred feet (100') from a plant property line or two hundred feet (200') from the boundary line separating it from a residential or commercial area.

   G.   Vibration: The amplitude, in inches, of earthborne vibrations caused by the plant shall not exceed:

 

 

Impact vibrations with less than one hundred (100) impulses per minute shall be permitted amplitudes of twice those computed above.

   H.   Wastes And Surface Drainage:

      1.   Liquid Wastes: The volume, quality and point of discharge of industrial and domestic liquid wastes shall not exceed standards approved by Panhandle health district (IDAPA 41.01.01) or other agency with jurisdiction.

      2.   Surface Drainage: Storm drainage and surface runoff shall be segregated from industrial and domestic waste. To avoid contaminating surface drainage, all apparent sources of contamination, such as operating areas, loading or unloading areas, product transfer pump areas, and equipment cleaning and maintenance areas shall be curbed and drained to the waste system. Drainage from tankage area impoundments may be combined with storm drainage and surface runoff if approved by Panhandle health district.

      3.   Solid Waste: Off test and rejected products, byproducts, spent catalysts, waste sludges, garbage, trash, scrap, rubble, refuse, and other such waste materials shall be temporarily stored or permanently disposed of in such a way as not to pollute the air or surface runoff nor cause odors or an unsightly appearance. If disposal is by incineration, care shall be taken to ensure compliance with other parts of these standards covering air pollution. If disposal is by landfill, disposal procedures shall comply with the solid waste management rules promulgated by the Idaho department of environmental quality (IDAPA 58.01.06). (Ord. 493, 6-9-2016)

The supplementary standards set forth in this article are applicable in all zones established by this title. (Ord. 493, 6-9-2016)

   A.   Prohibited: No property shall be used for outdoor storage of items which are not customarily used or stored outdoors in connection with the normal operation of one or more permitted uses in the underlying zone.

   B.   Items Customarily Stored Outdoors: Items customarily used or stored outdoors include, without limitation, the following:

      1.   Clotheslines.

      2.   Agricultural equipment and materials.

      3.   Storage of firewood for the purpose of consumption, but only by the persons residing on the premises.

      4.   Parking of licensed and operable motor vehicles on a designated driveway or parking area. This shall not include racing cars or trucks of any type that cannot be lawfully driven on a public highway.

      5.   No more than two (2) unlicensed or inoperable motor vehicles.

      6.   Items that are made of a material that is resistant to damage or deterioration from exposure to the outside environment.

      7.   Items which may be stored outdoors as provided in article 4.6 or 4.13 of this chapter.

   C.   Indoor Storage: Except as provided in subsection B of this section or in article 4.6 or 4.13 of this chapter, all materials, equipment and personal property shall be stored within a building or be fully screened so as not to be visible from adjacent properties or rights of way. For purposes of this subsection, an item located on a porch of a building is considered to be stored outdoors if the porch is not enclosed.

   D.   Construction Materials Storage: Property may be used for the storage of materials used in the construction of structures on the property so long as there is an active building permit for the structures or the structures are exempt from building permit requirements.

   E.   Major Recreational Equipment And Utility Trailers:

      1.   Major recreational equipment and utility trailers which are licensed and operable may be parked on designated driveways or parking areas.

      2.   Except as permitted in section 8.4.401, Kootenai County Code, major recreational equipment and utility trailers brought by a visitor may be parked or occupied for a period not to exceed thirty (30) days per calendar year while visiting the resident of the property. This shall be in addition to any major recreational equipment otherwise permitted to be parked or stored on the property pursuant to this title.

      3.   Major recreational equipment and utility trailers shall not be parked or stored on any public or private road for longer than twenty four (24) hours. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet six inches (2'6") and ten feet (10') above the centerline grades of the intersecting streets of such corner lots and a line joining points along said street lines fifty feet (50') from the point of intersection. (Ord. 493, 6-9-2016)

No building or other structure shall hereafter be erected or altered in any manner contrary to the provisions of this title or title 7, chapter 1 of this code, including, without limitation, the following:

   A.   Exceeding applicable height regulations;

   B.   Accommodating or housing a greater number of families; provided, however, that this provision shall not be interpreted in a manner that discriminates against race, ethnicity, national origin, age, family status or disability;

   C.   Occupying a greater percentage of lot area; or

   D.   Having narrower or smaller rear yards, front yards, side yards, or other open space. (Ord. 493, 6-9-2016)

Accessory buildings shall not be erected in open space required under the provisions of this title. (Ord. 493, 6-9-2016)

No part of a yard, or other open space, or off street parking or loading space required in connection with any building for the purpose of complying with this title shall be included as part of a yard, open space, or off street parking, or loading space similarly required for any other building. (Ord. 493, 6-9-2016)

   A.   In the commercial, light industrial, industrial, mining, and high density residential zones, more than one structure housing a permitted primary use may be erected on a single parcel, provided that the open space and other requirements of this title shall be met for each structure as though it were on an individual parcel.

   B.   In the agricultural, agricultural suburban, restricted residential and rural zones, no more than one structure housing any single permitted primary use may be erected on a single parcel, except as specifically permitted in the individual zone.

   C.   When a properly permitted manufactured home is replaced with another properly permitted manufactured home or residential structure, the manufactured home may be temporarily stored on site for up to ninety (90) days if it complies with the following requirements:

      1.   It is disconnected from all utilities; and

      2.   It is placed on wheels and axles, and the running gear, including the tongue, are in place.

   D.   A manufactured home may not be converted to, or used as, a storage unit. (Ord. 493, 6-9-2016)

Height limitations contained in this title, except those which apply within the airport overlay zone as set forth in section 8.3.107 of this title, shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 493, 6-9-2016)

   A.   Mobile commercial vehicles and temporary commercial structures are uses permitted of right in the commercial, mining, light industrial and industrial zones, and may be permitted in conjunction with any commercial use permitted via conditional use permit, special notice permit or administrative approval.

   B.   The design standards set forth in articles 4.6 and 4.7 of this chapter shall not be applied upon the establishment of a use located within a mobile commercial vehicle or temporary commercial structure if an existing commercial, industrial or mining use has previously been established.

   C.   Mobile commercial vehicles and temporary commercial structures may be located on public property or right of way only upon written consent of the agency with jurisdiction.

   D.   Mobile commercial vehicles and temporary commercial structures selling prepared food shall at all times have the appropriate valid permits from Panhandle health district.

   E.   Mobile commercial vehicles may operate continuously as long as they are capable of being driven or towed on public roads.

   F.   Temporary commercial structures may be used for no longer than thirty (30) days in any given ninety (90) day period. (Ord. 493, 6-9-2016)

   A.   Notwithstanding any other provision of this title to the contrary, the uses permitted on dock lots shall be limited to the following:

      1.   One (1) personal storage building of two thousand (2,000) square feet or less in size shall be permitted of right regardless of parcel size. Such buildings may include a toilet and sink, but shall not otherwise include habitable space. Disposal of wastewater and sewage shall comply with the applicable requirements of Panhandle Health District.

      2.   Decks, walkways, stairways, stairway landings and trams, as permitted in section 8.4.1106 of this chapter and section 8.7.109 of this title.

   B.   Access to a dock lot may be from the water only, or may also be from a road, driveway or common driveway.

   C.   Outdoor storage shall be consistent with the recreational use of the parcel, or with ongoing construction of a structure on the parcel. (Ord. 546, 10-17-2019)

   B.   All structures and operations waterward of the ordinary high water mark of the body of water adjacent to the parcel shall comply with the requirements of the Idaho Department of Lands and other agencies with jurisdiction. (Ord. 614, 4-4-2025)

   A.   Description: Marine service business operations include services necessary to meet the needs of waterfront property owners, generally related to dock construction and the shipping and transportation of goods and services, such as shoreline stabilization and similar development. A marine service business is permitted of right in the Commercial Zone under section 8.2.603 of this title.

   B.   Marine service businesses shall comply with the following standards:

      1.   All operations, whether conducted onsite or offsite, shall comply with all applicable federal, state, and County regulations.

      2.   Storage of equipment, materials, and goods shall be located a minimum of twenty-five feet (25'), measured by horizontal distance, from the ordinary high water mark of the body of water adjacent to the parcel.

      3.   Development necessary for or related to loading and unloading marine vessels, including, but not limited to; seawalls, retaining walls, bulkheads, boat ramps, and other similar development is permissible.

      4.   Impervious areas shall be minimized to the greatest extent possible. Furthermore, BMPs shall be utilized to mitigate stormwater and sediment and erosion control.

      5.   Maritime sewage disposal shall follow federal and state regulations, including those of the Clean Water Act (CWA), which is enforced by the U.S. Environmental Protection Agency (EPA).

      6.   Restroom facilities shall be provided for employees. For development that includes one or more habitable structures, restroom facilities shall comply with the then-current International Building Code, as amended. Development that does not include a habitable structure, a portable toilet is permissible.

      7.   Prior to storage of chemicals (liquid or granular) or petroleum products on the premises, secondary containment and a spill prevention plan shall be in place which has been reviewed and approved by Panhandle Health District. Furthermore, storage of petroleum products shall not exceed five hundred (500) gallons.

      8.   Onsite operations shall be conducted in a manner that results in responsible waste management. Construction debris, including, but not limited to: sawdust, Styrofoam, and other similar materials shall be properly contained and disposed of.

      9.   Boat launch ramps shall be constructed of concrete to provide a safe and stable surface to support the weight of heavy vehicles, emergency and commercial marine equipment.

      10.   The Shoreline Management Area shall be preserved to the greatest extent possible. Development shall be limited to an area of eighty (800 linear feet or seventy percent (70%) of the parcel width, whichever is the lesser of the two.

      11.   Storage of fertilizers and pesticides is prohibited. (Ord. 614, 4-4-2025)