The "zones permitted" set forth in each section of this chapter do not include zones in which the use is permitted of right. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Light Industrial, Industrial.

   B.   Minimum area: Five (5) acres.

   C.   Setbacks for all petroleum storage facilities shall be in accordance with current Fire and Safety Codes and shall not be less than fifty feet (50') from any property line.

   D.   All such facilities shall be contained within a sight obscuring fence not less than six feet (6') in height or sight obscuring evergreen trees or compact hedge not less than six feet (6') in height. All landscaping will require adequate sprinkling systems and proper maintenance.

   E.   All such uses shall be located and/or designed with full consideration to their proximity to adjacent uses, their effect upon adjacent property, and to the reduction of inherent dangerous factors.

   F.   All such facilities, including structures and storage tanks, within three hundred feet (300') of the property line of any parcel located within any residential zone shall have a maximum vertical height of forty feet (40').

   G.   All such facilities shall conform to the standards prescribed by the National Fire Protection Association, the American Petroleum Institute, Panhandle Health District, and other agencies with jurisdiction, whichever regulations are most restrictive. All such facilities shall also conform to the Kootenai County "Best Management Practices For Containing Critical Materials During Above Ground Storage And Handling".

   H.   The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural.

   B.   Minimum area: Five (5) acres.

   C.   The processing and sale of agricultural products such as grains, fertilizers, feeds, vegetables and fruits, and the sale of items such as hand tools and gardening products, are permitted.

   D.   Processing activities shall not employ more than five (5) persons.

   E.   No commercial activity is permitted except as set forth in this section or as otherwise permitted of right in the underlying zone.

   F.   All buildings must be six hundred feet (600') from any dwelling other than the dwelling of the owner.

   G.   All storage areas shall have sight obscuring fencing. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural.

   B.   Facilities shall be designed and located with full consideration given to the proximity of residential zones and to safety considerations.

   C.   Facilities must be located at least two thousand feet (2,000') from any adjoining residence not directly associated with the airstrip.

   D.   Facilities must meet all ITD and FAA aviation requirements. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Rural (requires CUP), mining (requires SNP).

   B.   Minimum area: Five (5) acres.

   C.   The plant must be on property located within the mining zone or at a site with a valid conditional use permit for a restricted surface mine. Nonconforming sites must be brought into compliance with the provisions of this title before a conditional use permit for an asphalt or concrete batch plant may be issued.

   D.   The plant shall not be operated in a manner which constitutes a nuisance or hazard to other property owners.

   E.   The plant must be located at least five hundred feet (500') from the closest residence other than the residence of the owner.

   F.   The plant must be set back at least seventy five feet (75') from any road right of way and fifty feet (50') from any other property line.

   G.   The Board may approve a conditional use permit for an asphalt or concrete batch plant for a period not to exceed five (5) years. The Director may approve the renewal of a previously approved permit for successive periods of up to five (5) years each. Extension requests shall comply with the procedure for administrative approvals set forth in section 8.8.204 of this title.

   H.   The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval.

   I.   Conditions of approval may include, without limitation, duration of the permit, restrictions on hours of operation, limitations on machinery or methods of operations, and approval of access requirements by the highway agency with jurisdiction. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Zones permitted: Agricultural, rural, light industrial, industrial.

   B.   A one hundred percent (100%) sight obscuring fence or equivalent vegetative screening must be constructed around the entire storage area a minimum of six feet (6') high, to ensure obscured visibility from neighboring properties and for the traveling public.

   C.   No materials, parts, automobiles, or junk shall be visible from any public right of way.

   D.   The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval. (Ord. 493, 6-9-2016)

   A.   Zone permitted: Industrial.

   B.   Minimum area: Five (5) acres.

   C.   The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural, agricultural suburban, restricted residential, high density residential.

   B.   No facility shall be located adjacent to any property located within the light industrial or industrial zone.

   C.   No facility shall be located in a floodplain or floodway, or adjacent to any hazardous land use.

   D.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, playground area, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural.

   B.   Minimum area: Twenty (20) acres.

   C.   All animals and runs will be housed in permanent buildings located not less than one hundred feet (100') from any dwelling other than the dwelling of the owner.

   D.   The operator of such a use will maintain adequate housekeeping practices to prevent the creation of a nuisance. (Ord. 493, 6-9-2016)

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

   B.   All commercial 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 commercial 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.   Commercial 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.   A grooming facility is allowed as part of a commercial kennel facility, but shall not occupy more than thirty five percent (35%) of the building floor area, excluding the kennel area.

   G.   Five percent (5%) of the building floor area of a commercial kennel facility, excluding the kennel area, may be used for related retail sales. (Ord. 493, 6-9-2016)

   A.   Zones Permitted: Agricultural, rural, agricultural suburban, restricted residential.

   B.   Minimum Area: Ten (10) acres.

   C.   Recreational Activities: The primary purpose of a commercial resort shall be to provide recreational activities for its customers. Such activities may include indoor or outdoor facilities for swimming, boat launching, boat sales and rentals, waterskiing, hiking, fishing, hunting, camping, picnicking, snow skiing and snowboarding, snowmobiling, tennis, volleyball, soccer, badminton, golf, horseback riding or other athletic activities. Recreational and educational activities ordinarily associated with an agritourism or ecotourism operation are also permitted.

   D.   Other Uses Which May Be Permitted:

      1.   The following uses may also be permitted, so long as they are incidental and accessory to the commercial resort's recreational activities:

         a.   Convention or entertainment facilities.

         b.   Retail sales shops for items such as agricultural products, groceries, camping and sporting equipment, souvenirs, and art and handicraft items.

         c.   Restaurants and bars.

         d.   Retail fuel services.

         e.   Hotels, motels, cabins, condominiums, and similar accommodations.

         f.   Camping facilities, including tent camping sites, yurts, and recreational vehicle parks.

         g.   Bath and laundry facilities.

         h.   Spa facilities.

         i.   Facilities for weddings, wedding receptions, and other associated activities.

         j.   Other commercial uses as specifically authorized in the permit.

      2.   All commercial uses permitted within a commercial resort must be scaled to the size of the parcel and must meet the required setbacks and standards applicable to such uses in the underlying zone.

   E.   Prohibited Uses: Any uses other than those permitted in this section, or those which are otherwise permitted of right in the underlying zone, are prohibited.

   F.   Plans: A site plan shall be submitted which includes the location of existing and proposed structures, fencing, activity areas, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted.

   G.   Additional Conditions: The board may attach such reasonable conditions as may be necessary for visual screening, control of dust, management of parking and traffic, buffering of adjoining uses, or mitigation of effects on water and air quality. (Ord. 493, 6-9-2016)

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

   B.   The minimum property size for commercial riding arenas shall be five (5) acres.

   C.   Riding arenas may be located indoors or outdoors. Indoor riding arenas shall be enclosed within a structure that is at least twenty four feet (24') in height, and that is at least two thousand (2,000) square feet.

   D.   Facilities shall be for private use, but may be rented to individuals or groups. Individual or group lessons may be provided to the general public for a fee.

   E.   Riding arenas shall provide spectator seating for at least fifty (50) people.

   F.   Retail sales accessory to the use of the facility may be conducted on site.

   G.   Facilities shall provide sufficient parking and turnaround areas for horse trailers. Such areas shall be designed to preclude vehicles from backing out into a roadway.

   H.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, areas for riding, boarding, feeding, training, and other associated activities, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted.

   I.   Boarding stables which are not associated with a commercial riding arena or equine training facility shall not be required to obtain a conditional use permit for such use and shall be subject only to the requirements of subsection G of this section, and to a minimum lot area for the keeping of livestock of three-fourths (3/4) acre. Such use shall be permitted as a home occupation subject to the standards set forth in section 8.4.501 of this title unless a cottage industry permit is required under section 8.4.504 of this title. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Rural, industrial.

   B.   Minimum area: Ten (10) acres.

   C.   The use shall comply with all applicable federal and state laws, regulations, and permitting requirements.

   D.   The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval. (Ord. 493, 6-9-2016)

   A.   Zone permitted: Agricultural.

   B.   Minimum area: Fifteen (15) acres.

   C.   The entire perimeter of the parcel shall be fenced. All perimeter fencing shall be at least five feet (5') in height and must effectively restrain all livestock.

   D.   All feedlot operations shall be located at least one thousand feet (1,000') from the property line of any parcel located within any residential zone and five hundred feet (500') from any then existing dwelling other than that of the owner.

   E.   All lots shall provide a minimum of two hundred (200) square feet of lot area per animal. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural, agricultural suburban, restricted residential, high density residential.

   B.   Minimum area: Fifteen (15) acres.

   C.   No commercial uses shall be permitted except as permitted in this section or as may be permitted of right in the underlying zone.

   D.   The collection of greens or range fees, the sale or rental of golf equipment and clothing, and associated food and beverage sales are permitted commercial uses.

   E.   With the exception of signs, lighting shall be downward directed and screened so that it produces no glare upon public rights of way or adjacent properties.

   F.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, areas for golfing and associated activities, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural, light industrial, industrial.

   B.   Minimum area: Ten (10) acres.

   C.   Target areas shall be six hundred feet (600') from any existing dwelling and three hundred feet (300') from any property line.

   D.   All facilities shall be designed and located in accordance with safety standards or guidelines promulgated by the National Rifle Association (NRA), National Skeet Shooting Association (NSSA), National Field Archery Association (NFAA), or other similar body.

   E.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, areas for shooting or archery and associated safety buffers, other associated activities, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted. (Ord. 493, 6-9-2016)

   A.   Zone permitted: High density residential.

   B.   Minimum area: Not less than twelve thousand (12,000) square feet.

   C.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, access points, park streets, manufactured home sites, parks, common areas or playgrounds, other associated uses, and other existing or proposed improvements, and incorporates the following:

      1.   A manufactured home park shall provide stalls or spaces for each manufactured home unit of not less than two thousand five hundred (2,500) square feet.

      2.   Laundry and convenience related services may be provided for the use of the tenants of the park only.

      3.   A parking and traffic circulation plan shall also be submitted.

   D.   Manufactured home parks shall comply with the following standards:

      1.   Seventy percent (70%) of each manufactured home stall or site shall be left in open space.

      2.   Each manufactured home shall be located at least twenty five feet (25') from any park property line.

      3.   A manufactured home may not be located closer than twenty feet (20') from any other manufactured home or permanent building within the manufactured home park. A manufactured home accessory building shall not be closer than ten feet (10') from a manufactured home or building on an adjacent lot.

      4.   Each manufactured home lot within a manufactured home park shall have direct access to a park street. Each park street shall consist of a twenty foot (20') wide unobstructed area, and shall be well marked to provide for continuous traffic flow. The park street system shall have direct connection to a public road.

      5.   Streets and walkways designed for the use of manufactured home park residents and guests shall be lighted during the hours of darkness.

      6.   Each manufactured home site shall be provided with utility connections, ground anchors, piers or pads, and stabilizing connections of sufficient size to properly accommodate the manufactured home placed on the site.

      7.   Water supplies for fire flow shall be as required by the fire protection district with jurisdiction. Where there are no such requirements, water supplies shall be adequate to permit the effective operation of minimum fire hose stream flows and duration of flows, as required by NFPA standard no. 501A for manufactured home parks, on any fire in a manufactured home or elsewhere in the manufactured home park. Hydrants shall be located within five hundred feet (500') of all manufactured home sites unless otherwise specified in the permit. (Ord. 493, 6-9-2016)

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

   B.   Minimum area: Five (5) acres.

   C.   Individual units in ministorage facilities shall be no larger than fourteen feet (14') in width or forty feet (40') in length, and total building height shall not exceed twenty two feet (22').

   D.   Security fencing shall be placed around the entire storage area, and shall be six feet (6') in height at a minimum.

   E.   No outdoor storage of any kind shall be permitted, with the exception of major recreational equipment.

   F.   No commercial sales of any kind shall be permitted, with the exception of rental or sales of storage units.

   G.   With the exception of signs, lighting shall be downward directed and screened so that it produces no glare upon public rights of way or adjacent properties. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural.

   B.   Buildings shall meet the following standards:

      1.   One primary building shall be allowed on a parcel.

      2.   Maximum building height shall not exceed thirty five feet (35').

      3.   Open space and lot area requirements of the underlying zone shall be met.

   C.   A site plan shall be submitted which includes the location of existing and proposed structures, landscaped areas, lighting for site and signs, and other existing or proposed improvements. A parking and traffic circulation plan which includes proposed on and off site parking areas shall also be submitted.

   D.   With the exception of signs, lighting shall be downward directed and screened so that it produces no glare upon public rights of way or adjacent properties. (Ord. 493, 6-9-2016)

   A.   Zones Permitted: Agricultural, rural, agricultural suburban, restricted residential.

   B.   Incidental Uses: Use of a place of assembly or worship for meetings, recreational activities, educational activities, weddings, and wedding receptions shall be regarded as being customarily incidental to the primary use of the facility.

   C.   Building Standards: Buildings shall meet the following standards:

      1.   One primary building shall be allowed on a parcel.

      2.   Maximum building height shall not exceed thirty five feet (35').

      3.   Open space and lot area requirements of the underlying zone shall be met.

   D.   Parking: At least one parking space per one hundred fifty (150) square feet of floor area shall be required.

   E.   Plans: A site plan shall be submitted which includes the location of existing and proposed structures, landscaped areas, lighting for site and signs, and other existing or proposed improvements. A parking and traffic circulation plan which includes proposed on and off site parking areas shall also be submitted.

   F.   Lighting: With the exception of signs, lighting shall be downward directed and screened so that it produces no glare upon public rights of way or adjacent properties.

   G.   Additional Provisions For Conditional Use Review: The board may attach such reasonable conditions as the record indicates may be necessary to visually screen, control dust, manage traffic, buffer adjoining uses, reduce noise impacts, prevent glare and undue lighting impacts on adjacent properties, or to mitigate effects on water and air quality. (Ord. 493, 6-9-2016)

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

   B.   Minimum area: Two (2) acres.

   C.   No commercial uses shall be permitted except as permitted in this section or as may be permitted of right in the underlying zone.

   D.   The collection of membership or use fees, the sale or rental of equipment and clothing associated with the activities to be conducted within the facility, and associated food and beverage sales, are permitted commercial uses.

   E.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, types of recreational activities and locations for each activity, other associated activities, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted.

   F.   With the exception of signs, lighting shall be downward directed and screened so that it produces no glare upon public rights of way or adjacent properties.

   G.   The provisions of this section shall apply only to those recreational facilities which are not otherwise enumerated in this article. (Ord. 493, 6-9-2016)

   A.   Zones permitted: CUP required in rural, agricultural suburban, restricted residential and high density residential; SNP required in agricultural, commercial, mining, light industrial and industrial.

   B.   Lot coverage by buildings shall not exceed thirty five percent (35%) of the total lot area.

   C.   In determining whether a permit application should be approved, the hearing body shall consider the following factors:

      1.   The public convenience and the necessity of the facility;

      2.   Any adverse effects that the facility may have upon properties in the vicinity; and

      3.   Whether reasonable restrictions, conditions of development, or protective improvements may be necessary to mitigate or eliminate any potential adverse effects of the facility.

   D.   Specific conditions with respect to emissions of noise, particulate matter, or vibrations, may deviate from the standards which would otherwise apply in the underlying zone in order to ensure consistency with applicable state and federal standards.

   E.   Public utility complex facilities in existence as of January 3, 1973, shall not be subject to conditional use permitting requirements, and shall be exempt from the standards set forth in this section. However, depending on the underlying zoning, a conditional use permit may be required in conjunction with the creation of a new facility or the expansion of an existing facility involving a material increase in the facility's boundaries.

   F.   The provisions of this title pertaining to public utility complex facilities shall be interpreted and applied in a manner consistent with applicable federal and state law. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural.

   B.   Minimum area: Twenty (20) acres.

   C.   All new racetracks shall be designed in accordance with then current industry standards applicable to racetracks of comparable configuration and length for driver, crew and spectator safety, including, without limitation, walls, barriers, catch fences, and recovery areas.

   D.   All uses shall be a minimum of one thousand feet (1,000') from any parcel located in the agricultural suburban, restricted residential, or high density residential zone, measured from property line to property line.

   E.   All uses and facilities will be designed and located with full consideration to their proximity to adjacent uses, especially to the reduction of nuisance factors, such as noise, smoke, fumes, and dust.

   F.   One parking space will be provided for each three (3) seating spaces. The perimeter of the parking area shall be fenced with security fencing. Parking areas for spectators need not be paved, except as may be necessary to comply with parking requirements for persons with disabilities.

   G.   All racing surfaces, including pit areas, on racetracks located within the light industrial zone shall be paved.

   H.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, racing areas, pit areas, garage areas (if any), spectator seating, ticket and concession areas, other associated activities, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted. (Ord. 493, 6-9-2016)

   A.   Zones Permitted: Agricultural, rural, agricultural suburban, restricted residential, high density residential.

   B.   Scope: The requirement to obtain a conditional use permit, and the standards set forth in this section, shall apply only to residential care facilities designed to house nine (9) or more residents.

   C.   Minimum Area: Three (3) acres.

   D.   Parking: A minimum of six (6) off street parking spaces shall be provided.

   E.   Fencing: Adequate fencing shall be provided around the entire facility.

   F.   IDHW Compliance: Facilities shall comply with the applicable requirements of the Idaho department of health and welfare (IDHW).

   G.   Site Plan: A site plan shall be submitted which includes the location of existing and proposed structures, fencing, parking areas, other associated activities, and other existing or proposed improvements. (Ord. 493, 6-9-2016)

   A.   Zones Permitted: Agricultural, agricultural suburban, rural, restricted residential.

   B.   Roadway Access: This use must have direct access to a collector or arterial roadway, as defined in the then current edition of the "Highway Standards For The Associated Highway Districts Of Kootenai County, Idaho".

   C.   Minimum Area: Twenty (20) acres in the agricultural, agricultural suburban, rural, and restricted residential zones (no minimum area required in the commercial zone).

   D.   Parking Requirements: One and one-half (11/2) spaces per room or cabin. Parking requirements for any use of a resort lodge, retreat center, or guest ranch that is not covered under the parking lot design standards set forth in chapter 4, article 4.7 of this title shall be determined through the conditional use review process.

   E.   Loading Requirements: One loading space for ten thousand (10,000) or more square feet of floor area.

   F.   Caretaker Residence: Accessory on site housing may be allowed for caretakers or staff members.

   G.   Additional Provisions For Conditional Use Review: The board may attach such reasonable conditions as the record indicates may be necessary to visually screen, control dust, manage traffic, buffer adjoining uses, reduce noise impacts, prevent glare and undue lighting impacts on adjacent properties, or to mitigate effects on water and air quality.

   H.   Prohibited Uses: Any uses other than those permitted in this section, or those which are otherwise permitted of right in the underlying zone, are prohibited.

   I.   Required Findings: The board shall only approve a resort lodge, retreat center or guest ranch upon a finding that the use meets all applicable regulations, and the following standards:

      1.   The use will be in harmony with the character of the neighborhood and compatible with the surrounding area;

      2.   The use will not result in undue traffic congestion or traffic hazards;

      3.   The use will not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of Kootenai County; and

      4.   Except as may be approved through the conditional use review process, the proposed use and all incidental uses shall be entirely contained on the site of the proposed conditional use. The location, duration, and extent of any proposed off site incidental uses, whether on public or private land or water, must be expressly documented and approved by the board.

   J.   Existing Establishments:

      1.   Existing nonpermitted resort lodges, retreat centers or guest ranches established prior to March 17, 2016, will be regarded as conforming with respect to such uses as would be permitted as part of a resort lodge, retreat center or guest ranch.

      2.   Uses set forth in this section which were permitted under a previously approved conditional use permit may continue operating as authorized in the permit, so long as they continue to meet all of the requirements for that use as set forth in the permit.

      3.   Existing nonpermitted resort lodges, retreat centers or guest ranches established prior to January 4, 1973, will be regarded as nonconforming uses.

      4.   A new or modified conditional use permit shall be required for any expansion or change of use, or any increase in the floor area of an existing use; provided, however, that all uses which were permitted under a then existing conditional use permit will continue to be allowed under a new or modified conditional use permit. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, rural, industrial.

   B.   A site plan(s) shall be submitted which shows the following, as applicable:

      1.   Boundaries of the proposed site;

      2.   Location of proposed mining operations on the site;

      3.   All proposed and existing structures;

      4.   All watercourses, streams, ponds, or lakes on the proposed site or within one thousand feet (1,000') of the boundaries of the site;

      5.   All proposed and existing roads proposed to provide access to the proposed site;

      6.   A topographic vicinity map showing the proposed site and its relationship to the surrounding area; and

      7.   Approximate locations of all existing residential uses within one thousand feet (1,000') of the site's boundaries.

   C.   Surface mining operations shall comply with the requirements of all applicable federal and state laws and regulations.

   D.   The Board may approve a conditional use permit for a surface mining operation for a period not to exceed five (5) years. The Director may approve the renewal of a previously approved permit for successive periods of up to five (5) years each. The quantity of excavated materials may also be limited as necessary to protect adjoining lands and natural resources. Extension requests shall comply with the procedure for administrative approvals set forth in section 8.8.204 of this title.

   E.   The approach for the access road to the mining site shall meet the requirements of the highway agency with jurisdiction, and such additional conditions as the board may specify.

   F.   A rehabilitation plan shall be submitted to the state of Idaho and to the county. In addition to the requirements for rehabilitation plans set forth by the state, the plan shall contain the following additional information:

      1.   A topographic map of the affected area:

         a.   Prior to excavation; and

         b.   After excavation is complete.

      2.   How placement of overburden will be managed for the entire duration of the permit.

   G.   The board may attach such reasonable conditions as may be necessary for visual screening, control of dust, management of traffic, buffering of adjoining uses, or mitigation of effects on water and air quality.

   H.   The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval.

   I.   Notwithstanding the approval of a permit application, no overburden removal shall begin until:

      1.   All required state permits have been issued; and

      2.   All necessary documentation required for the conditional use permit has been received and approved by the director.

   J.   Mining operations permitted of right in the mining zone shall not be subject to conditional use permitting requirements, and the standards set forth in this section shall not apply. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Zones permitted: Agricultural, rural.

   B.   Minimum area: Ten (10) acres.

   C.   All sawmill, shingle mill, planing mill, or woodworking plant operations shall be located at least one thousand feet (1,000') from the property line of any other parcel located within any residential zone and five hundred feet (500') from any then existing dwelling other than that of the owner.

   D.   All facilities must meet the air quality standards of the agency with jurisdiction applicable at the time of application.

   E.   All facilities must be located within a fire protection district, and must meet the requirements of, and be approved by, the fire protection district with jurisdiction.

   F.   All facilities will be designed and located on the site with full consideration given to their proximity to adjacent uses, their effect upon adjacent property, and to the reduction of noise, odor, dust and traffic. (Ord. 493, 6-9-2016)

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

   B.   The provisions of this section shall apply to public and private schools which house any grades between kindergarten and twelfth grade, and to public and private postsecondary educational institutions. This section shall not apply to childcare facilities, preschools, or head start facilities.

   C.   The applicant shall provide written documentation that the facility meets the minimum site area for sewage disposal.

   D.   Access to the school shall be from a public road.

   E.   No elementary, middle, or junior high school shall be located adjacent to any parcel within the light industrial or industrial zone. No high school or postsecondary educational institution shall be located adjacent to any parcel within the industrial zone.

   F.   No school shall be located in a special flood hazard area or adjacent to a hazardous land use.

   G.   Setbacks for all structures shall be forty feet (40') from any public road and thirty feet (30') from any other property line. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Zones permitted: Agricultural, light industrial, industrial.

   B.   Minimum area: Five (5) acres.

   C.   All slaughterhouse and rendering plant operations shall be located at least one thousand feet (1,000') from the property line of any other parcel located within any residential zone and five hundred feet (500') from any then existing dwelling other than that of the owner.

   D.   All such facilities shall be designed and located with full consideration to their proximity to adjacent residential zones and uses and especially to the reduction of such nuisance factors as odors, dust, and fumes.

   E.   Commercial sales of products manufactured or processed on the site may be permitted with such reasonable conditions as the board may determine are appropriate. (Ord. 493, 6-9-2016)

   A.   Zones Permitted: Agricultural, rural, commercial, mining, light industrial, industrial.

   B.   Minimum Area: The size of the site must be adequate to accommodate the event, attendees, and parking unless provisions have been made for off site parking. Adequacy of the site shall be as reasonably determined by the board.

   C.   Site Plan And Event Description: The application shall include a detailed site plan and event description which addresses security, access, crowd management, traffic management, parking, waste control and disposal, litter control plans, and includes any other relevant information requested by the director. Copies of the site plan and event descriptions shall be submitted to the Kootenai County sheriff's office, Panhandle health district, Idaho transportation department, the highway district and fire protection district with jurisdiction, and any other agencies as requested by the director.

   D.   Parking: One parking space will be provided for each three (3) seating spaces, and the parking area shall be restricted to a clearly designated area which has clearly delineated boundaries. Off site parking may be permitted if the applicant demonstrates that transportation between the parking area and the event site will be adequate. If the owner of the property where the parking area will be located is different than the owner of the event site, the written consent of the owner of the parking area shall be required.

   E.   Noise: Maximum noise threshold shall be seventy five (75) dBa, as measured at the property lines, unless a higher level is approved in the permit.

   F.   Drainfields: Parking and construction over existing drainfields is prohibited.

   G.   Lighting: Lighting at the special event shall be downward directed and shielded, and shall not exceed 0.2 foot-candle at the property line unless otherwise approved in the permit.

   H.   Additional Conditions: The board may impose such reasonable conditions as may be necessary for visual screening, control of dust, mitigation or elimination of nuisance factors, management of traffic, buffering of adjoining uses, mitigation of potential effects on water or air quality, limitation of the duration of the permit, or otherwise addressing the health, safety, or general welfare of event participants and spectators. Conditions may also include a requirement that agencies review and approve plans for each event to be held at the location.

   I.   Performance Bond: The board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the event will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. (Ord. 493, 6-9-2016)

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

   B.   Minimum area: Five (5) acres.

   C.   All animals will be housed in permanent structures which can be physically enclosed during nighttime hours.

   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.   All buildings and fenced running areas will be a minimum of three hundred feet (300') from any existing dwelling other than the dwelling of the owner.

   F.   Animal runs, kennels and pasturing areas 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.

   G.   Adequate housekeeping practices will be maintained so as to prevent the creation of a nuisance. (Ord. 493, 6-9-2016)

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

   B.   Direct retail sales are allowed, but only to the extent that they are occasional and incidental. The following factors shall be considered in determining whether or not retail sales are occasional and incidental:

      1.   Square footage devoted to retail sales shall not exceed five hundred (500) square feet.

      2.   Retail sales shall be limited to products grown on the premises.

      3.   Advertising for retail sales shall be ancillary to advertising for wholesale operations.

   C.   Yard setbacks:

      1.   Front yard: Forty feet (40').

      2.   Side yard: Twenty five feet (25').

      3.   Rear yard: Twenty five feet (25').

   D.   Any outdoor storage areas shall be surrounded by sight obscuring fences or densely planted shrubbery or trees, to a minimum height of six feet (6').

   E.   Drainage and runoff shall be controlled and contained on site. (Ord. 493, 6-9-2016)

   A.   Zones Permitted: Agricultural, rural, agricultural suburban, commercial, light industrial, industrial.

   B.   Standards:

      1.   Height: Maximum allowable tower height, including antennas, is one hundred fifty feet (150'). The board may impose stricter height limitations as a condition of approval in order to mitigate obstruction of views or incompatibility with surrounding uses.

      2.   Setbacks:

         a.   All WCFs shall be set back at least three hundred feet (300') from any existing residential structure.

         b.   All WCFs shall be set back at least one hundred fifty feet (150') from the boundary of any parcel located within the agricultural suburban, restricted residential, or high density residential zone.

      3.   Location: No new WCF tower greater than sixty feet (60') in height shall be constructed within a two (2) mile radius of an existing WCF unless engineering data demonstrates the existence of a significant network coverage gap which would be impractical to remedy by other means.

      4.   Design: All WCFs shall be of a design which best blends in with the surrounding area, as determined by the board.

      5.   Collocation:

         a.   All new transmission towers and tower sites shall be designed to structurally allow for a minimum collocation of three (3) additional providers. Collocation shall be a permitted use accessory to any permitted WCF.

         b.   Transmission towers sixty feet (60') high or less are exempt from collocation requirements and may be located within a two (2) mile radius of an existing tower.

         c.   No lot shall contain multiple WCF towers.

         d.   Antennas placed for purposes of collocation shall be placed and colored to blend into the architectural detail and coloring of the host structure.

         e.   The placement of an antenna on an existing tower or structure for collocation purposes shall not require a new conditional use permit or modification of an existing permit unless otherwise required by this title.

      6.   Landscape: A landscape design plan prepared by a landscape design professional shall be required. The following standards shall apply:

         a.   Existing vegetation at the tower site shall be preserved to the maximum extent possible. Landscaping shall be placed completely around the site except as required to access the facility. Landscaping shall be compatible with other nearby landscaping and shall be kept healthy and well maintained.

         b.   A chainlink fence no less than six feet (6') in height from the finished grade shall be constructed around each siting area. Access shall be by locked gate.

      7.   Outdoor Storage: Outdoor storage of any supplies or vehicles is prohibited.

      8.   Abandonment: If any antenna or tower is not operated for a continuous period of six (6) months it shall be considered abandoned. The owner of an abandoned antenna or tower, or property owner, shall remove the same within ninety (90) days. If such antenna or tower is not removed within a ninety (90) day period, the county may, at the property owner's expense, remove the antenna or tower and file a lien on the subject property for expenses incurred in removal. If the county is compelled to seek judicial authority to undertake such removal, the reasonable costs and attorney fees incurred by the county in the course of doing so shall constitute a charge against the owner.

      9.   FCC Compliance: WCF towers shall comply with the applicable requirements of the federal communications commission (FCC) and other agencies with jurisdiction.

      10.   Telecommunications Act: The standards and application requirements contained in this section shall not be interpreted or applied in a manner which would constitute a violation of, or conflict with, the applicable provisions of the telecommunications act of 1996, 47 USC section 251 et seq.

      11.   Public Safety WCFs: The provisions of this section shall not apply to public safety WCFs which are permitted of right in the underlying zone.

   C.   Application Requirements: Except as may be waived by the director with respect to modifications to existing conditional use permits, the following shall be submitted with a permit application for a new WCF or a modification to an existing WCF:

      1.   Written verification from a licensed engineer that a structural analysis of the tower has been completed which demonstrates the tower's ability to accommodate the collocation of three (3) additional providers.

      2.   Written verification that alternative sites within a radius of four (4) miles have been considered and have been determined to be unavailable or are not technologically feasible.

      3.   A description of the need for the proposed facility at the proposed location and justification for site selection, including appropriate engineering data. The applicant shall also provide a radio frequency coverage plan.

      4.   A notarized statement from the property owner granting authorization to proceed with the permit application.

      5.   Proof of a duly recorded legal right of access to the site for the intended purpose. The county may restrict the location and number of access points to the property.

      6.   A signed agreement stating that the tower owner is willing to allow collocation on the proposed tower. This agreement shall also state that any future owners or operators will allow collocation on the tower.

      7.   Documents demonstrating that the federal aviation administration (FAA) has reviewed and approved the proposal.

      8.   Only such lighting as required by the FAA is permitted. The FAA lighting requirement shall be complied with in the least obtrusive manner, as determined by the director. Security lighting for the tower site is permitted as long as it is downward directed and shielded to prevent illumination at the site boundary to be no greater than 0.2 foot-candle.

      9.   A photo simulation (including elevations) of the proposed facility from selected properties and public rights of way as requested by the director.

      10.   A detailed site plan and letters of comment from agencies with jurisdiction, as deemed applicable by the director.

   D.   Modifications To Existing WCFs:

      1.   The Director may approve a minor modification to a previously issued conditional use permit for a WCF.

      2.   If the Director determines that a modification to a previously issued conditional use permit for a WCF would constitute a substantial change to the previous approval, the modification shall require approval via the conditional use permitting process. Substantial changes may include, but are not limited to, the physical expansion of a siting area or the extension of a transmission tower beyond twenty feet (20') from its original height. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Commercial, Rural.

   B.   A site plan shall be submitted which shows the proposed design and layout of the zoo, including the location of existing and proposed structures, fencing, interior roads and walkways, lighting, landscaping, locations of animal exhibits, gift shops, restaurants or concession stands, other associated activities, and other existing or proposed improvements. A parking and traffic circulation plan and an operations and security plan (including provisions for response to an animal escape) shall also be submitted as part of the application.

   C.   The zoo shall meet all requirements for sanitary disposal that may be imposed by Panhandle Health District and the Kootenai County Solid Waste Department.

   D.   All local, State, and Federal permits or licenses pertaining to the keeping of mammals, birds, and/or reptiles for public display shall be obtained prior to commencing operations.

   E.   Sight obscuring fencing is required around any and all storage areas. (Ord. 493, 6-9-2016)

   A.   Zones permitted: Agricultural, Rural, Agricultural Suburban, Restricted Residential, High Density Residential (public safety facilities only).

   B.   A public safety facility or public service facility may be located on a lot that is otherwise ineligible for building permits, and need not comply with the minimum lot size requirement for the zone in which it is located.

   C.   Parking and loading requirements shall be as set forth in section 8.4.703 of this Code unless modified in the permit.

   D.   Adequate fencing shall be provided around the entire facility.

   E.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, parking areas, other associated activities, and other existing or proposed improvements. (Ord. 517, 1-25-2018)

   A.   Zones permitted: High Density Residential, Commercial, Mining, Light Industrial.

   B.   The requirement to obtain a conditional use permit, and the standards set forth in this section, shall apply only to transitional group housing facilities designed to house nine (9) or more residents.

   C.   Minimum area: Three (3) acres.

   D.   A minimum of six (6) off-street parking spaces shall be provided.

   E.   Adequate fencing and screening shall be provided around the entire facility.

   F.   The facility shall not allow any person on the premises who has been convicted of any crime of a sexual nature, any felony involving violence against another person, any misdemeanor involving domestic violence, or any crime involving trafficking, delivery, or possession with intent to deliver any controlled substance, whether in Idaho or any other jurisdiction.

   G.   A narrative shall be submitted which addresses facility security, transportation of residents, services to be provided on site, and all other requirements set forth in this section.

   H.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, parking areas, other associated activities, and other existing or proposed improvements.

   I.   The applicant shall conduct a neighborhood meeting regarding the application. Completion of this requirement shall be a prerequisite for scheduling of the application for hearing before the hearing examiner.

   J.   A conditional use permit for a transitional group housing facility may be granted for a period not to exceed five (5) years, and may be renewed for successive periods of up to five (5) years each. Extension requests shall comply with the procedure for approval of conditional use permits.

   K.   The Board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval. (Ord. 519, 2-15-2018)

   A.   Zones Permitted: Commercial, Mining, Light Industrial, Industrial.

   B.   In determining whether a permit application should be approved, the hearing body shall consider the following factors:

      1.   Any adverse effects that the facility may have upon properties in the vicinity; and

      2.   Whether reasonable restrictions, conditions of development, or protective improvements may be necessary to mitigate or eliminate any potential adverse effects of the facility.

   C.   Building coverage shall not exceed thirty-five percent (35%) of the total parcel area.

   D.   The facility shall not be operated in a manner which constitutes a nuisance or hazard to other property owners.

   E.   The facility shall be set back at least seventy-five feet (75') from any road right-of-way and fifty feet (50') from any other property line.

   F.   A conditional use permit may be granted for a period not to exceed five (5) years, and may be renewed for successive periods of up to five (5) years each. Extension requests shall comply with the procedure for administrative approvals set forth in section 8.8.204 of this title.

   G.   Conditions of approval may include, without limitation, duration of the permit, restrictions on hours of operation, limitations on machinery or methods of operations, and approval of access requirements by the highway agency with jurisdiction.

   H.   The Board may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the use will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. If required, the bond will be renewable every two (2) years upon confirmation of compliance with all applicable provisions of this title and conditions of approval. (Ord. 546, 10-17-2019)

   A.   Zones Permitted: Commercial, Mining, Light Industrial.

   B.   Minimum Area: Three (3) acres.

   C.   Adequate fencing and screening shall be provided around the entire facility.

   D.   Required off-street parking shall be as set forth in the conditions of approval of the permit. This requirement shall include provision of adequate off-street parking for offenders, staff, and visitors. In determining an adequate number of off-street parking spaces, the Board shall consider the degree to which allowing the use would create traffic hazards or congestion given the capacity of nearby streets, the trip generation characteristics of the use, the availability of public transit and the likelihood of its use, and the feasibility of traffic mitigation measures.

   E.   Required off-street loading shall be as set forth in the conditions of approval of the permit.

   F.   The requirement to obtain a conditional use permit, and the standards set forth in this section, shall apply only to re-entry facilities designed to house nine (9) or more offenders. Re-entry facilities shall have a capacity of no more than one hundred (100) offenders, provided that actual capacity shall be based on the existence of reasonable prospects of employment for each offender housed. Re-entry facilities must be located at least one-half (½) mile from residential zones, single family, duplex, and multifamily uses, public parks and recreational facilities, child-care facilities, places of worship, places of assembly, and public or private schools.

   G.   A re-entry facility may not be located within ten (10) miles of another re-entry facility.

   H.   This use shall comply with all applicable county, state, and federal codes and regulations.

   I.   Signs identifying a use as a re-entry facility are prohibited except as authorized by the Idaho Department of Corrections (IDOC).

   J.   Re-entry facility premises must be properly maintained in good condition at all times.

   K.   A narrative shall be submitted which includes a conceptual security plan and also addresses transportation and monitoring of offenders, services to be provided on site, and all other requirements set forth in this section. The security plan must demonstrate compliance with the applicable security requirements of federal and/or state law. The director shall furnish a copy of the security plan to appropriate city, county, and state agencies for their review before the hearing examiner's consideration of an application. Provisions addressing security must be included in any order of decision granting a conditional use permit for a re-entry facility. A compliance report must be submitted to the director one (1) year after the date of signing of the order of decision granting the permit, and every two (2) years thereafter, and with each application for renewal of the permit.

   L.   A site plan shall be submitted which includes the location of existing and proposed structures, fencing, parking areas, conceptual security measures, other associated activities, and other existing or proposed improvements.

   M.   The applicant shall conduct studies of the impacts on county services and public safety and the economic feasibility of the application. This study shall include, without limitation, an analysis concerning available jobs, housing, and wages for offenders housed in the facility, the willingness of local employers to hire them, and actions which should be implemented during an economic downturn. Completion of this requirement shall be a prerequisite for scheduling of the application for hearing before the hearing examiner.

   N.   The applicant shall conduct a neighborhood meeting regarding the application. Completion of this requirement shall be a prerequisite for scheduling of the application for hearing before the hearing examiner.

   O.   A conditional use permit for a re-entry facility may be granted for a period not to exceed five (5) years, and may be renewed for successive periods of up to five (5) years each. Extension requests shall comply with the procedure for approval of conditional use permits. Additional periodic review periods may be established as a condition of approval of the permit.

   P.   Re-entry facilities shall be owned and operated by the State of Idaho. Privately owned or operated re-entry facilities are prohibited, even if funded by or under contract with the State of Idaho. (Ord. 552, 10-15-2020)

   A.   Zones Permitted: Light Industrial, Industrial

   B.   Standards.

      1.   Maximum allowable height will correspond with height standards for the respective zone, or as determined by the Board as a condition of approval to mitigate obstruction of views or incompatibility with surrounding uses.

      2.   Setbacks.

         a.   All data centers shall be set back at least one hundred fifty feet (150') from the boundary of any parcel located within the Agricultural, Agricultural Suburban, Restricted Residential, Rural, or High Density Residential zone, and from the boundary of any parcel located within the Commercial zone in which a residential use has been established.

         b.   Data centers with no adjacency to a zone that allows residential uses may conform to the setbacks listed in the zone in which the center is located.

      3.   All data centers shall be of a design which best blends in with the surrounding area and shall generally be painted in a neutral color, unless otherwise approved by the Board.

      4.   Existing vegetation at the site shall be preserved to the maximum extent possible.

      5.   The minimum parcel size for data centers shall be ten (10) acres.

      6.   Perimeter security fencing shall comply with any applicable federal or state requirements and shall be designed to prevent public entry.

      7.   Any mechanical equipment, including power generators or other power supply equipment, must be enclosed or screened from public view. This standard shall not apply to solar panels.

      8.   Any electric distribution lines or substations associated with the facility shall comply with the applicable standards set forth in this code and building codes adopted thereby, and the standards of the electrical utility to which they are connected, if applicable.

      9.   All equipment and structures associated with the facility, excluding fencing, shall be a minimum of fifty feet (50') from any property line abutting a residential zone.

      10.   Parking shall be provided based on the individual needs of the facility and must be located on-site.

      11.   No data center shall be located over the Rathdrum Prairie Aquifer.

   C.   Application Requirements. Except as may be waived by the Director with respect to modifications to existing conditional use permits, the following shall be submitted with a permit application for a new data center or a modification to an existing data center:

      1.   A detailed site plan, including supporting facilities, parking and loading areas, stormwater management facilities, and a proposed landscaping plan.

      2.   A landscape design plan prepared by a landscape design professional in compliance with Chapter 4, Article 4.6 of this title.

      3.   Proposed connections to the electrical power grid and any proposed new power plant.

      4.   An energy efficiency plan that describes how the facility will conserve energy.

      5.   Verification of water rights sufficient to serve the facility from a source approved by IDWR.

      6.   A water management plan that details how the facility will meet its anticipated cooling needs while minimizing impacts on the local water supply and how the used water will be discharged and disposed.

      7.   A noise mitigation plan prepared by an acoustical engineer that ensures that the anticipated noise level of the facility will not exceed the standards listed in subsection 8.4.1304(H) of this title.

      8.   A fire protection plan that details fire protection and suppression measures. The plan shall be reviewed and approved by the Fire District with jurisdiction.

      9.   A wastewater treatment/management plan as approved by PHD, DEQ and/or IDWR, as applicable.

      10.   An aquifer recharge plan as approved by PHD, DEQ, or IDWR, as applicable.

      11.   In addition to the application materials set forth in this subsection, the following shall be submitted to PHD for review and approval:

         a.   A Commercial/Industrial application and plans that detail all chemical handling and storage.

         b.   A shallow injection well application and plans.

   D.   Modifications to Existing Data Centers.

      1.   The Director may approve a minor modification to a previously issued conditional use permit for a data center.

      2.   If the Director determines that a modification to a previously issued conditional use permit for a data center would constitute a substantial change to the previous approval, the modification shall require approval via the conditional use permitting process. (Ord. 620, 10-2-2025)