The Agriculture/Forest Zone is shown on the "Official Zoning Map of Latah County". This zone is established to achieve the purposes of this title and the goals and policies of the Latah County Comprehensive Plan by accommodating, providing opportunities for, and the continuation of agricultural and forest land uses. Uses allowed in this zone include those that are integral to agriculture and forestry, uses which will not conflict with accepted farm and forest practices, and uses which will not result in the excessive conversion of productive farm and forest land to uses which can be more appropriately located in other zoning designations. (Ord. 392, 8-16-2021)

The following uses are permitted in this zone as a right of property ownership:

   A.   Accessory buildings and uses required to conduct, and normally associated with, the uses permitted in this zone (but not including commercial or industrial uses such as commercial storage, processing facilities, dairies, feedlots, production facilities, slaughterhouses, or agricultural or forestry service industries with more than five (5) full time equivalent employees).

   B.   Agronomy and all uses normally associated with raising, harvesting, and selling of crops, including trees and other plants.

   C.   Animal husbandry and all of the uses normally associated with raising, feeding, and selling of livestock. Feedlots, dairies, continuous confined animal management operations, or other types of similar facilities that operate for six (6) or more months out of any twelve (12) month period, with fewer than two hundred fifty (250) animal units.

   D.   Forestry and all uses normally associated with raising, harvesting, and selling of timber and other forest products.

   E.   Home occupations as provided by section 9-4C-2 of this title.

   F.   One single-family dwelling for each eligible parcel. Approved single-family dwellings shall have no more than two (2) rooms for rent or remuneration and these rooms shall not exceed an average occupancy of two (2) persons per room.

   G.   Veterinary clinics. (Ord. 392, 8-16-2021)

The following uses require an "administrative zoning permit" prior to being allowed. All such uses shall conform to the conditions set by this Code and set in the permit. The application must be approved and inspection(s) shall be conducted to ensure any use listed conforms to the conditions of the permit prior to the use being enacted.

   A.   Accessory Cottage Housing: The intent of this use is to enable the placement of one accessory housing unit, either attached or separate from an existing principal dwelling, on parcels that are not eligible for additional building permits. The accessory cottage house shall meet all of the following requirements:

      1.   Any new structure must meet all other zoning requirements, the owner of such property must obtain a valid building permit prior to any construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      2.   Any existing structure must be brought into compliance with all current zoning requirements, Building Codes, and occupancy ratings for a residence, the owner of such property must obtain a valid building permit prior to making any changes or commencing construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      3.   Accessory cottage housing roofs shall comply with snowload requirements in the area in which they are constructed.

      4.   Minimum constructed roof pitch shall be of a 3:12 rise to run ratio. Constructed roof pitch in excess of rise to run ratio of 5:12 shall be credited for snowload construction requirements. The attached roof shall meet the Latah County snowload requirements (as set forth in the Latah County Building Code ordinance) for the area in which they are constructed or placed. In the event there is a conflict with any other adopted codes, such as the Building Code, the more restrictive shall apply.

      5.   Accessory cottage housing shall be installed as real property with a permanent foundation.

      6.   Septic system for accessory cottage housing shall be inspected and approved by the North Central District Health Department.

      7.   A plan for a water supply system or a statement that individual wells will be used shall be submitted to the Planning Department. If individual wells are used, their location shall be shown on a map submitted to the Planning Department.

      8.   The square footage for accessory cottage housing shall be the minimum allowed by the Building Code and a maximum of nine hundred (900) square feet, and the square footage of the accessory cottage housing unit shall not exceed fifty percent (50%) of the total square footage of the principal dwelling.

      9.   The maximum separation between the principal dwelling and the accessory cottage housing shall be one hundred feet (100') unless it is physically impractical to do so, in which case it must be located as close as is physically practical to the principal dwelling.

      10.   A deed restriction shall be recorded prior to issuance of a building permit indicating that the accessory cottage housing unit shall forevermore be tied to the principal building and shall not be separated or put on its own parcel for sale or any other purpose. If the parcel becomes eligible for a land division as per chapter 9-8A of this title, so long as the accessory dwelling and the primary residence can meet the setback requirements, the owner of the property may apply for a land division and, as part of the approval, can create a parcel that includes the accessory dwelling. Once the land division has been approved, the Planning Department shall record a document that indicates that the division of the accessory cottage house is allowed by the regulation and approved by the department.

      11.   Unless impossible, accessory cottage housing shall use the same driveway as the primary residence. In addition to meeting the requirements of subsection 9-9-2D of this title, the shared private driveway shall have a graveled or paved surface of at least twenty feet (20') wide. A driveway map must be submitted to the Planning Department.

   B.   Additional Single-Family Dwelling Units For Parcels That Have Existing Residences: The additional dwelling units may be located on any site within the parcel, but shall not exceed a total density of one unit per forty (40) acres (i.e., a parcel must have eighty (80) acres to be eligible for a second dwelling or one hundred twenty (120) acres for a third dwelling, etc.). All second dwelling units are subject to the following conditions.

      1.   Each second dwelling shall be located outside of a designated special flood hazard area unless there is no other place on the parcel that will accommodate this or unless there is a need for the second dwelling to be located close to the home site and all available areas that are close to the primary residence are in the special flood hazard area.

      2.   The applicant must obtain approval for a septic system.

      3.   The applicant must submit plans for a water system or a statement that individual wells will be used.

      4.   A shared driveway and access point is required unless the new residence is far from the primary dwelling and is near a different road where access approval is obtained. No new access points will be made onto State highways. A driveway map must be submitted to the Planning Department.

      5.   In addition to meeting the requirements of subsection 9-9-2D of this title, all shared private driveways shall have a graveled or paved surface of at least twenty feet (20') wide.

      6.   Access approval is required from the appropriate agency overseeing the roadway.

      7.   The applicant shall provide to the Planning Department a site plan. The site plan shall include the location of the building site, the potential or actual location and plans for the wells or water system, septic systems, other structures, easements, driveways and regulatory setbacks.

      8.   All new dwellings shall meet setback requirements.

      9.   If the second dwelling is more than one hundred feet (100') from the primary residence, in addition to the above, it and all accessory structures related to the residential use shall be required to be placed in a manner to preserve productive farm land, commercial timber stands, streams, riparian areas, and other unique natural features to ensure the rural nature of Latah County is preserved, that agriculture and forest industries are protected from residential growth, and to ensure that natural resources are protected.

   C.   Bed and breakfasts with no more than four (4) single or double guest rooms that will be conducted outside of the primary residence and/or that will be beyond the scope of the home occupation provisions as provided in section 9-4C-2 of this title or the provisions set forth in subsection 9-3A-2F of this article. Guest rooms outside of the primary residence shall only have a bed (beds) and/or a bathroom, and shall not have a kitchen. Guest rooms outside of the primary residence must be within one hundred feet (100') of the primary residence or a conditional use permit will be required. One common hall/room may be used for entry/exit into the guest rooms, but such common hall/room shall not have any kitchen facilities.

   D.   Public Buildings Subject To The Following Requirements:

      1.   Hours of operation anywhere between the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.

      2.   No outdoor events or activities.

      3.   Submittal of a plan for parking. Parking plan must include enough parking spots to accommodate an event that is of a maximum number; parking plan must include a landscape buffer; parking areas must be built prior to occupancy of the structure.

      4.   Submittal of a plan for lighting; lighting must be directed away from nearby residences and must be of a full cut off fixture.

      5.   Submittal of a plan for noise; plan must include information that shows that no event will be a nuisance to neighboring residential properties.

   E.   Public Parks Subject To The Following Requirements:

      1.   Daytime hours of operation only, five o'clock (5:00) A.M. to ten o'clock (10:00) P.M.

      2.   The applicant must submit a site plan showing locations of playgrounds, bathrooms, paths, parking, campground areas, picnic shelters, events areas.

      3.   The applicant must submit a playground safety plan if a playground is proposed.

      4.   If any of the following are proposed, the applicant must submit a facilities plan that includes bathrooms (or porta potties), sewage system location and approval, and the well site and water distribution system (including fountains).

      5.   The applicant must submit a parking plan that shows adequate off-street parking.

      6.   The applicant must submit a plan for lighting. Lighting must not interfere with neighboring properties, must be full cut off fixtures, and, when feasible, be shut off at night.

      7.   All structures, including signs and fences, are subject to building permit requirements.

      8.   Structures, parking, and other features of the park may be subject to the accessibility requirements of the Building Code.

      9.   Any public parks that have overnight accommodations, want to operate outside of the prescribed hours of operation, that rent space for events, or that charge for admissions require a conditional use permit.

   F.   Unlit communication towers and transmission facilities lower than fifty feet (50') high subject to the following requirements:

      1.   Towers are subject to chapter 9-4A of this title, changing "conditional use permit" to "administrative zoning permit" and changing "Zoning Commission" to "Planning Department".

      2.   Towers shall not be lit.

      3.   Towers shall not be higher than fifty feet (50') high.

   G.   Utility structures and uses, not including dams, power plants, or very similar structures.

      1.   Submittal of approval from the agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits must be obtained for any structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   When applicable, the facility must have an odor control plan.

      8.   Landscape buffers shall be provided for utility structures that are a visual nuisance. Fencing shall be provided for utility structures that are a hazard to public health. A plan shall be submitted, and once approved, the landscaping and fencing shall be installed prior to occupancy.

      9.   Submittal of a stormwater drainage plan.

      10.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      11.   Submittal of a plan for parking.

   H.   Water treatment facilities subject to the following requirements:

      1.   Submittal of approval from the agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a designated special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits for all structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      8.   Submittal of plan for fencing and buffering. Fencing may be required to ensure that the public's safety is not compromised.

      9.   Submittal of a plan for parking. (Ord. 392, 8-16-2021)

The following uses may be permitted by the Zoning Commission upon the issuance of a conditional use permit as provided by chapter 9-7A of this title:

   A.   Accessory Cottage Housing: The intent of this use is to enable the placement of one accessory housing unit, either attached or separate from an existing principal dwelling, on parcels that are not eligible for additional building permits that exceeds the size allowed in subsection 9-3A-3A of this article. The Zoning Commission shall, as a minimum, place the following requirements upon any accessory cottage housing conditional use permit:

      1.   Any new structure must meet all other zoning requirements, the owner of such property must obtain a valid building permit prior to any construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      2.   Any existing structure must be brought into compliance with all current zoning requirements, Building Codes, and occupancy ratings for a residence, the owner of such property must obtain a valid building permit prior to making any changes or commencing construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      3.   Accessory cottage housing roofs shall comply with snowload requirements in the area in which they are constructed.

      4.   Minimum constructed roof pitch shall be of a 3:12 rise to run ratio. Constructed roof pitch in excess of rise to run ratio of 5:12 shall be credited for snowload construction requirements. The attached roof shall meet the Latah County snowload requirements (as set forth in the Latah County Building Code ordinance) for the area in which they are constructed or placed. In the event there is a conflict with any other adopted codes, such as the Building Code, the more restrictive shall apply.

      5.   Accessory cottage housing shall be installed as real property with a permanent foundation.

      6.   Septic system for accessory cottage housing shall be inspected and approved by the North Central District Health Department.

      7.   A plan for a water supply system or a statement that individual wells will be used shall be submitted to the Planning Department. If individual wells are used, their location shall be shown on a map submitted to the Planning Department.

      8.   The square footage for accessory cottage housing shall be a maximum of one thousand five hundred (1,500) square feet, and the square footage of the accessory cottage housing unit shall not exceed fifty percent (50%) of the total square footage of the principal dwelling.

      9.   The maximum separation between the principal dwelling and the accessory cottage housing shall be one hundred feet (100') unless it is physically impractical to do so, in which case it must be located as close as is physically practical to the principal dwelling.

      10.   A deed restriction shall be recorded prior to issuance of a building permit indicating that the accessory cottage housing shall forevermore be tied to the principal building and shall not be separated or put on its own parcel for sale or any other purpose. If the parcel becomes eligible for a land division as per chapter 9-8A of this title, so long as the accessory dwelling and the primary residence can meet the setback requirements, the owner of the property may apply for a land division and, as part of the approval, can create a parcel that includes the accessory dwelling. Once the land division has been approved, the Planning Department shall record a document that indicates that the division of the accessory cottage house is allowed by the regulation and approved by the department.

      11.   The applicant shall work with the Planning Department to ensure the best placement of the accessory cottage housing. The applicant shall try to minimize the impacts the accessory cottage house has on any nearby residences.

      12.   The accessory cottage housing shall be of a similar character of the primary residence or of a typical accessory structure seen in this zoning designation. Preliminary plans for the structure shall be submitted prior to the public hearing. The Planning Department shall review these plans and make recommendations, if necessary, to the Zoning Commission regarding changes that would need to be made to the residence to meet this requirement.

      13.   Unless impossible, the accessory cottage housing shall use the same driveway as the primary dwelling. In addition to meeting the requirements of subsection 9-9-2D of this title, the shared private driveway shall have a graveled or paved surface of at least twenty feet (20') wide. A driveway map must be submitted to the Planning Department.

   B.   Agricultural or forestry related commercial or industrial business or service uses with more than five (5) full time equivalent employees. Regardless of number of employees, all natural mineral resource developments that are related to or used for agriculture or forestry uses shall be subject to subsection M of this section.

   C.   Campgrounds and recreational vehicle parks (subject, at a minimum, to the requirements set forth in subsection 9-3D-3B of this chapter and subsection 9-3D-3C7 of this chapter), golf courses, recreational fields, gun clubs, meeting halls, concert and event venues, outdoor sports training centers, and fairgrounds (subject, at a minimum, to the requirements set forth in subsection 9-3D-3B of this chapter).

   D.   Cemeteries, mortuaries, crematoriums, churches, museums, child daycare facilities and schools.

   E.   Commercial kitchens no larger than three thousand (3,000) square feet in size not related to agriculture or forestry as set forth in subsection B of this section.

   F.   Commercial, multiple residential, or other wind turbine.

      1.   The following documents must be attached and submitted along with the application:

         a.   A survey of the parcel of land on which the proposed wind turbine(s) is to be located. This survey shall include all real property described on the deed of conveyance most recently recorded for that parcel that complies with this title.

         b.   A detailed drawing of each wind turbine with the height and location specified.

         c.   If monopole towers are to be used, information on noise reduction methods that will be used to reduce the noise.

         d.   The amount of energy to be produced by each wind turbine.

         e.   Documents demonstrating to the satisfaction of the Zoning Commission that the necessary easements have been obtained, as well as plans showing how vehicle access will be provided.

         f.   If any proposed wind turbine is less than two thousand feet (2,000') from any residence or commercial or public building, and/or less than three hundred percent (300%) the height of the wind turbine to any property line, the applicant shall submit a signed notarized form, approved by the Planning Department, from all owners of record of such residential, commercial, or public structures and all owners of record of such property consenting to the location of the wind turbine. Each form shall be recorded in the Latah County Recorder's Office prior to submission to the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

         g.   All property owners of record located within two thousand feet (2,000') of any proposed wind turbine, as well as all adjacent property owners, shall be notified by regular mail at the last address listed in the Latah County Assessor's Office records by the Planning Department fifteen (15) days prior to the hearing.

      2.   Each wind turbine and any repairs require a building permit.

      3.   The following are required conditions for any wind turbine and for the approval of the construction of such and shall appear in any CUP approved for such use. These in no way limit the Zoning Commission from setting additional conditions to ensure that the wind turbine(s) is (are) in compliance with the criteria.

         a.   Any proposed wind turbine shall be set back a minimum of three hundred percent (300%) the height of the wind turbine from any public road, public right-of-way, property line, residential, public, or commercial structure. At a minimum, the wind turbine shall be at least one thousand feet (1,000') away from any residential, public, or commercial structures. The Zoning Commission may waive such setbacks if it deems such to be appropriate. To request to waive such setbacks, the applicant must file with the Planning Department a signed notarized form, approved by the Planning Department, from all owners of record of all such property or structures consenting to the location of the wind turbine. For property line waivers, this form shall be accompanied by a current survey approved by the Latah County Surveyor of the property line relevant to the setback. This form shall be recorded in the Latah County Recorder's Office by the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

         b.   Vibrations shall not be produced that will be humanly perceptible beyond the property boundary.

         c.   If equipment enclosures will be located on the ground, a six foot (6') to seven foot (7') high fence of wood, masonry or privacy slats completely surrounding the equipment enclosure is required to secure and screen the equipment and structure.

         d.   A warning sign no larger than three (3) square feet and no smaller than two (2) square feet must be placed on the fencing access/gate. It must contain the name of the owner and operator of the facility, and a phone number for cases of emergency as well as any other information required by law.

         e.   Any wind turbine/structure shall be finished in a nonreflective neutral color or as otherwise specified by the Zoning Commission.

         f.   No ladder rungs or climbing pegs on any wind turbine shall be allowed within twenty feet (20') of the ground.

         g.   The maximum wind turbine lighting is a low intensity red light as defined by the Federal Aviation Administration. No wind turbine shall be higher than can accommodate a low intensity red light.

         h.   Wind turbines and all accompanying equipment enclosures or ancillary facilities shall be camouflaged to fit into their immediate surroundings at the discretion of the Zoning Commission.

         i.   Compliance at all times with any applicable laws or regulations including this title and the Latah County Building Code ordinance.

         j.   All wind turbines must have an approval by the Idaho Department of Fish and Game (IDFG), based on a determination of the impact the proposed wind turbine will have on local and migratory birds. If the IDFG does not provide a written response to the Planning Department within forty-five (45) days of the IDFG receipt of the request for review, then IDFG approval of the site will be assumed by the Planning Department.

         k.   Wind turbines shall be designed and installed to have an automatic and a manually powered shutoff that is available at ground level in the event the wind turbine becomes defective, makes noise, or there is a high wind event.

         l.   Building permits are required for each wind turbine and associated structure and any replacements or repairs.

         m.   When applicable, all new wind energy conversion systems shall comply with Sections 21-515, 21-515A and 21-515B, Idaho Code.

      4.   In addition to the conditional use permit criteria set out in chapter 9-7A of this title, the Zoning Commission shall take the following considerations into account when deciding whether to grant a conditional use permit for wind turbine:

         a.   Whether the height, design, and any proposed future modification of the wind turbine will reduce or eliminate visual obtrusiveness to the greatest extent feasible and practical;

         b.   Whether it has been demonstrated the wind turbine will have a negative impact on nearby property;

         c.   Whether the existing land use of the proposed site is unique to that land; and

         d.   Whether any aspect of the wind energy operation may pose an unreasonable nuisance at the proposed site, including, but not limited to, lighting and noise.

      5.   Removal Or Repair Of Defective Wind Turbine: Any wind turbine found by the building official to be unsafe, abandoned, defective or causing an undue amount of noise heard on any nearby property shall be repaired by the landowner to meet Federal, State and local safety standards, the Latah County Building Code, and to not create nuisance noise. Such wind turbine shall be shut off immediately upon notification of the building official to the owner of the property and shall remain off until the building official has verified the structure has been repaired and is no longer unsafe, defective, or a nuisance. If the wind turbine is not legally repaired within one hundred twenty (120) days, it will be considered to be abandoned. At the end of the one hundred twenty (120) days, the owner shall immediately take down the wind turbine. If the owner does not immediately take down the wind turbine, legal proceedings as set forth in subsection F6 of this section shall commence to ensure the wind turbine is taken down.

      6.   Abandoned Wind Turbine:

         a.   In addition to the provisions set forth in subsection F5 of this section, any wind turbine that has been turned off or not working for a period of one hundred twenty (120) days shall be considered abandoned. The wind turbine owner or landowner thereof shall take down any such wind turbine(s) and any accompanying equipment enclosure within sixty (60) days.

         b.   The Planning Department, upon determining that wind turbine has been abandoned, shall serve notice by certified mail of its determination of abandonment upon the owner of the system and to the landowner, to the address on file with the Latah County Assessor's Office. The notice shall contain the reasons why the wind turbine has been deemed abandoned, the owner's obligation to remove the wind turbine pursuant to this section, and the owner's right to appeal the determination of abandonment.

         c.   The wind turbine owner or landowner may, during the sixty (60) days, apply, and for good cause shown, have granted, an extension of time on such terms as the Planning Department shall determine.

         d.   If such structure and equipment enclosure are not so removed within said sixty (60) days or any extension thereof, then the County has the right without further notice to enter upon the land and remove and abate such structures at the expense of the wind turbine owner or landowner by any remedy available at law or in equity. In the event Latah County exercises its right hereunder, any and all salvage rights shall inure to, and become property of Latah County at the County's sole option.

         e.   The Planning Department's determination of abandonment may be appealed pursuant to subsection 9-1-11 of this title.

   G.   Communication towers and transmission facilities that are lit and/or that are over fifty feet (50') high, subject to chapter 9-4A of this title.

   H.   Dams and power plants, and other very similar utility structures.

   I.   Dog boarding operations with four (4) or more dogs.

   J.   Feedlots, dairies, continuous confined animal management operations, or other types of similar facilities that operate for six (6) or more months out of any twelve (12) month period, with more than two hundred fifty (250) animal units.

      1.   Any containment of animals must be situated at least thirty-five feet (35') from any perennial stream shown on a USGS 7.5 minute map.

      2.   At the time of application, the applicant shall show proof that plans and permits for water, nutrient management, and odor management will be approved by the relevant regulatory agency such as the Idaho Department of Water Resources, the Idaho Department of Agriculture, and/or the Idaho Department of Environmental Quality, and shall name the agency and contact person, or the applicant shall show proof that no such permit is required. Copies of these permit approvals must be provided to the Planning Department prior to any commencement of activities on the permitted property. The Board of Latah County Commissioners may request a review as per Idaho Code section 67-6529E, the results of which shall be in the possession of the County prior to the public hearing being held.

      3.   Anyone, regardless of their property's distance from the site of the permit or regardless of whether they own property, may testify at the required public hearings.

   K.   Food processing operations, regardless of number of employees, operating outside of the provisions for home occupations, that retail on site.

   L.   Landing strips, heliports, and airports.

   M.   Mineral resource developments subject to chapter 9-4B of this title.

   N.   Ministorage units, recreational vehicle storage facilities, and boat storage facilities. One recreational vehicle storage location, in conjunction with and on the same parcel as a single-family residence, for use by the occupants of the residence in accordance with section 9-4C-4 of this title, does not require a conditional use permit.

   O.   Public buildings that operate outside of the provisions of subsection 9-3A-3D of this article.

   P.   Public parks that have overnight accommodations, that have hours of operation outside of the prescribed hours of operation, that rent space for events, or that charge for admissions. Subject to subsections 9-3A-3E2 through E9 of this article as well as any other conditions as set in an approved conditional use permit.

   Q.   Salvage, wrecking, and junk yards occurring outside of a fully enclosed building.

   R.   Single Residential Wind Turbine:

      1.   The applicant shall place the wind turbine in a location that will have the least negative effect upon neighboring properties.

      2.   A maximum of one per each residence. Each wind turbine and any repairs require a building permit.

      3.   The proposed wind turbine shall be set back a minimum of one hundred fifty percent (150%) the height of the wind turbine from any public road, public right-of-way, or property line. The proposed wind turbine shall be set back a minimum of three hundred percent (300%) the height of the wind turbine from any residential public or commercial structure. The Zoning Commission may waive such setbacks if it deems such to be appropriate and if the following criteria are met:

         a.   The applicant must file with the Planning Department a signed notarized form, approved by the Planning Department, from all owners of record of all such property and structures consenting to the location of the wind turbine;

         b.   Each form shall be recorded in the Latah County Recorder's Office prior to submission to the Planning Department; and

         c.   For property line waivers, the form(s) shall be accompanied by a current legal survey of the property line(s) relevant to the setback.

      Setbacks from any public road or public right-of-way shall not be waived.

      4.   Residential wind turbines shall not be lit.

      5.   Wind turbines shall not be operated from five thirty o'clock (5:30) P.M. to ten o'clock (10:00) P.M. Monday through Friday. Wind turbines shall not be operated from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. on Saturday and Sunday.

      6.   Wind turbines shall be no higher than fifty feet (50') high unless otherwise authorized by the Zoning Commission.

      7.   Wind turbines shall have a blade size no larger than four feet (4').

      8.   Wind turbines shall be designed and installed to have an automatic and a manually powered shutoff that is available at ground level in the event the wind turbine becomes defective or there is a high wind event.

      9.   Any wind turbine found by the building official to be unsafe, abandoned, or defective shall be repaired by the landowner to meet Federal, State and local safety standards and the Latah County Building Code. Such wind turbine shall be shut off immediately upon notification of the building official to the owner of the property and shall remain off until the building official has verified the structure has been repaired and is no longer unsafe or defective. The County shall have the authority to pursue legal action if necessary.

   S.   Small scale retail sales and rental shops, no larger than six hundred (600) square feet in size, directly related to recreation in Latah County that are in proximity to recreational sites.

   T.   Solid waste disposal facilities.

   U.   Wastewater treatment facility subject to the following minimum conditions:

      1.   Submittal of approval from the State agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits must be obtained for any structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   Must submit an odor control plan.

      8.   Must submit plans for a landscape buffer around the facility and after approval, install the landscaping. The buffer should adequately shield any nearby uses that involve people from the facility.

      9.   Must submit a stormwater drainage plan for the wastewater treatment facilities.

      10.   Must submit a plan for any locations for any composting areas. Composting areas shall have a landscape buffer that shall meet the requirements of subsection U8 of this section.

      11.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      12.   Submittal of plan for fencing. All wastewater treatment plants that have open sewage pits shall have a protective fence ensuring the safety of the public.

      13.   Submittal of a plan for parking. All parking lots must be constructed prior to occupancy. (Ord. 392, 8-16-2021; amd. Ord. 407, 6-24-2025)

Minimum eligible parcel size is one acre. All accessory structures shall be a minimum of ten feet (10') from any property line. All other structures shall be a minimum of thirty-five feet (35') from any property line not abutting a public right-of-way. All structures shall be a minimum of twenty feet (20') from the boundaries of any public right-of-way or sixty feet (60') from the centerline of any road placed within the boundaries of a public right-of-way, whichever is greater. When the setback distance is disputed, the Planning Department may require the property owner to have the property line established by a professional surveyor licensed in the State of Idaho. A detached accessory building can be built to the side or rear lot lines, provided a written mutual agreement of the abutting property owners on the property lines affected be recorded in the Latah County Recorder's Office. Fences, bridges, retaining walls, roads, driveways, in ground scales, poles, signs, access ramps, and mailboxes (respecting rights-of-way and easements) are exempt from setback requirements. (Ord. 392, 8-16-2021)

No sign shall exceed sixty-four (64) square feet in display area and no sign for commercial purposes shall be allowed unless it pertains only to a permitted use engaged on the property. No sign or item used to post a sign may impair the sight of drivers traveling on public roads. No sign greater than two (2) square feet shall be lighted and such lighting shall be directed onto the sign, shall be of a full cut-off fixture, and shall not impair the sight of drivers. Signs installed by the Idaho Transportation Department, local highway district, or other governmental agency for purposes of directing the safe and convenient flow of traffic are exempt from these restrictions. (Ord. 392, 8-16-2021)

The Rural Residential Zone is shown on the "Official Zoning Map of Latah County". This zone is established to achieve the purposes of this title and the goals and policies of the Latah County Comprehensive Plan by providing opportunities for residential development in areas appropriate for limited low density housing. Uses allowed in this zone include low density residential, limited horticultural and animal husbandry, and uses which will not conflict with a rural residential neighborhood. (Ord. 392, 8-16-2021)

The following uses are permitted in this zone as a right of property ownership:

   A.   Accessory buildings and uses required to conduct, and normally associated with, the uses permitted in this zone.

   B.   Agronomy, orchards, commercial fruit and vegetable gardening, plant nurseries and related horticultural operations, not including any processing or year round sales facilities related to the primary use of the property.

   C.   Animal husbandry not to exceed ten (10) animal units, not including the uses permitted under subsection 9-3B-4C of this article.

   D.   Home occupations, as provided by section 9-4C-2 of this title.

   E.   One single-family dwelling for each eligible parcel. Approved single-family dwellings shall have no more than two (2) rooms for rent or remuneration and these rooms shall not exceed an occupancy of two (2) persons per room. (Ord. 392, 8-16-2021)

The following uses require an "administrative zoning permit" prior to being allowed. All such uses shall conform to the conditions set by this title and set in the permit. The application must be approved and inspection(s) shall be conducted to ensure any use listed conforms to the conditions of the permit prior to the use being enacted.

   A.   One duplex or single-family home converted into no more than two (2) separate dwelling units subject to the following conditions:

      1.   The two (2) residences shall utilize a shared driveway and access point off the roadway. In addition to meeting the requirements of subsection 9-9-2D of this title, the private driveway shall have a graveled or paved surface of at least twenty feet (20') wide. A driveway map must be submitted to the Planning Department.

      2.   All units shall use a single approved access point onto the roadway.

   B.   Public parks subject to the following requirements:

      1.   Daytime hours of operation only five o'clock (5:00) A.M. to ten o'clock (10:00) P.M.

      2.   The applicant must submit a site plan showing locations of playgrounds, bathrooms, paths, parking, campground areas, picnic shelters, events areas.

      3.   The applicant must submit a playground safety plan if a playground is proposed.

      4.   If any of the following are proposed, the applicant must submit a facilities plan that includes bathrooms (or porta potties), sewage system location and approval, and the well site and water distribution system (including fountains).

      5.   The applicant must submit a parking plan that shows adequate off-street parking.

      6.   The applicant must submit a plan for lighting. Lighting must not interfere with neighboring properties, must be full cut off fixtures, and, when feasible, be shut off at night.

      7.   All structures, including signs and fences, are subject to building permit requirements.

      8.   Structures, parking, and other features of the park may be subject to the accessibility requirements of the Building Code.

      9.   Any public parks that have overnight accommodations, want to operate outside of the prescribed hours of operation, that rent space for events, or that charge for admissions require a conditional use permit.

   C.   Water treatment facilities subject to the following requirements:

      1.   Submittal of approval from the agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a designated special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits for all structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      8.   Submittal of plan for fencing and buffering. Fencing may be required to ensure that the public's safety is not compromised.

      9.   Submittal of a plan for parking. (Ord. 392, 8-16-2021)

The following uses may be permitted by the Zoning Commission upon the issuance of a conditional use permit as provided by chapter 9-7A of this title.

   A.   A single building office or professional clinic with less than two thousand (2,000) square feet.

   B.   Accessory Cottage Housing: The intent of this use is to enable the placement of one accessory housing unit, either attached or separate from an existing principal dwelling, on parcels that are not eligible for additional building permits. The Zoning Commission shall, as a minimum, place the following requirements upon any accessory cottage housing conditional use permit:

      1.   Any new structure must meet all other zoning requirements, the owner of such property must obtain a valid building permit prior to any construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      2.   Any existing structure must be brought into compliance with all current zoning requirements, Building Codes, and occupancy ratings for a residence, the owner of such property must obtain a valid building permit prior to making any changes or commencing construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      3.   Accessory cottage housing roofs shall comply with snowload requirements in the area in which they are constructed.

      4.   Minimum constructed roof pitch shall be of a 3:12 rise to run ratio. Constructed roof pitch in excess of rise to run ratio of 5:12 shall be credited for snowload construction requirements. The attached roof shall meet the Latah County snowload requirements (as set forth in the Latah County Building Code ordinance) for the area in which they are constructed or placed. In the event there is a conflict with any other adopted codes, such as the Building Code, the more restrictive shall apply.

      5.   Accessory cottage housing shall be installed as real property with a permanent foundation.

      6.   Septic system and domestic water supply for accessory cottage housing shall be inspected and approved by the North Central District Health Department.

      7.   The square footage for accessory cottage housing shall be the minimum allowed by the Building Code and a maximum of nine hundred (900) square feet, and the square footage of the accessory cottage housing unit shall not exceed fifty percent (50%) of the total square footage of the principal dwelling.

      8.   The maximum separation between the principal dwelling and the accessory cottage housing shall be one hundred feet (100') unless it is physically impractical to do so, in which case it must be located as close as is physically practical to the principal dwelling. All accessory cottage housing in this zoning designation shall be at least two hundred feet (200') away from any existing residence on any neighboring property, unless attached by a wall to the primary dwelling (duplex) or unless the neighboring residence is owned by the same person as the location of the request.

      9.   A deed restriction shall be recorded prior to issuance of a building permit indicating that the accessory cottage housing shall forevermore be tied to the principal building and shall not be separated or put on its own parcel for sale or any other purpose. If the parcel becomes eligible for a land division as per chapter 9-8A of this title, so long as the accessory dwelling and the primary residence can meet the setback requirements, the owner of the property may apply for a land division and, as part of the approval, can create a parcel that includes the accessory dwelling. Once the land division has been approved, the Planning Department shall record a document that indicates that the division of the accessory cottage house is allowed by the regulation and approved by the department.

      10.   The applicant shall work with the Planning Department to ensure the best placement of the accessory cottage housing. The applicant shall try to minimize the impacts the accessory cottage house has on any nearby residences.

      11.   The accessory cottage housing shall be of a similar character of the primary residence or of a typical accessory structure seen in this zoning designation. Preliminary plans for the structure shall be submitted prior to the public hearing. The Planning Department shall review these plans and make recommendations, if necessary, to the Zoning Commission regarding changes that would need to be made to the residence to meet this requirement.

      12.   Unless impossible, the accessory cottage housing shall use the same driveway as the primary dwelling. In addition to meeting the requirements of subsection 9-9-2D of this title, the shared private driveway shall have a graveled or paved surface of at least twenty feet (20') wide. A driveway map must be submitted to the Planning Department.

   C.   Animal husbandry, dairies and feedlots with more than ten (10) animal units subject to the following:

      1.   Any containment of animals must be situated at least thirty-five feet (35') from any perennial stream shown on a USGS 7.5 minute map;

      2.   At a minimum, the Zoning Commission shall consider the effects of lighting, noise, aesthetics, water, nutrient management, and odor management; and

      3.   Anyone, regardless of their property's distance from the site of the permit or regardless of whether they own property, may testify at the required public hearings.

   D.   Bed and breakfasts with no more than four (4) single or double guest rooms that will be conducted outside of the primary residence and/or that will be beyond the scope of the home occupation provisions as provided in section 9-4C-2 of this title or the provisions set forth in subsection 9-3B-2E of this article.

   E.   Cemeteries, mortuaries, crematoriums, churches, museums, and schools.

   F.   Child daycare facilities.

   G.   Dog boarding operations with four (4) or more dogs.

   H.   Full plats subject to chapter 9-8C of this title.

   I.   Golf courses, recreational fields, meeting halls, and public parks that have overnight accommodations, that have hours of operation outside of the prescribed hours of operation, that rent space for events, or that charge for admissions. Public parks are subject to subsections 9-3B-3B2 through 9-3B-3B9 of this article as well as any other conditions as set in an approved conditional use permit.

   J.   Ministorage or recreational vehicle storage facilities. A recreational vehicle storage location, in conjunction with and on the same parcel as a single-family residence, for use by the occupants of the residence, does not require a conditional use permit.

   K.   Processing and year round sales facilities for agronomy and horticulture not to exceed three thousand five hundred (3,500) square feet in size.

   L.   Public buildings and utility structures and uses.

   M.   Single Residential Wind Turbine:

      1.   The applicant shall place the wind turbine in a location that will have the least negative effect upon neighboring properties.

      2.   A maximum of one per each residence. Each wind turbine and any repairs require a building permit.

      3.   The proposed wind turbine shall be set back a minimum of one hundred fifty percent (150%) the height of the wind turbine from any public road, public right-of-way, or property line. The proposed wind turbine shall be set back a minimum of three hundred percent (300%) the height of the wind turbine from any residential public or commercial structure. The Zoning Commission may waive such setbacks if it deems such to be appropriate and if the following criteria are met:

         a.   The applicant must file with the Planning Department a signed notarized form, approved by the Planning Department, from all owners of record of all such property and structures consenting to the location of the wind turbine;

         b.   Each form shall be recorded in the Latah County Recorder's Office prior to submission to the Planning Department; and

         c.   For property line waivers, the form(s) shall be accompanied by a current legal survey of the property line(s) relevant to the setback.

Setbacks from any public road or public right-of-way shall not be waived.

      4.   Residential wind turbines shall not be lit.

      5.   Wind turbines shall not be operated from five thirty o'clock (5:30) P.M. to ten o'clock (10:00) P.M. Monday through Friday. Wind turbines shall not be operated from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. on Saturday and Sunday.

      6.   Wind turbines shall be no higher than fifty feet (50') high unless otherwise authorized by the Zoning Commission.

      7.   Wind turbines shall have a blade size no larger than four feet (4').

      8.   Wind turbines shall be designed and installed to have an automatic and a manually powered shutoff that is available at ground level in the event the wind turbine becomes defective or there is a high wind event.

      9.   Any wind turbine found by the building official to be unsafe, abandoned, or defective shall be repaired by the landowner to meet Federal, State and local safety standards and the Latah County Building Code. Such wind turbine shall be shut off immediately upon notification of the building official to the owner of the property and shall remain off until the building official has verified the structure has been repaired and is no longer unsafe or defective. The County shall have the authority to pursue legal action if necessary.

   N.   Solid waste disposal facilities and wastewater treatment facilities.

   O.   Veterinary clinics with associated boarding facilities. (Ord. 392, 8-16-2021)

Minimum eligible parcel size is one acre. All accessory structures shall be a minimum of ten feet (10') from any property line. All other structures shall be a minimum of thirty-five feet (35') from any property line not abutting a public right-of-way. All structures shall be a minimum of twenty feet (20') from the boundaries of any public right-of- way or sixty feet (60') from the centerline of any road placed within the boundaries of a public right-of-way, whichever is greater. When the setback distance is disputed, the Planning Department may require the property owner to have the property line established by a professional surveyor licensed in the State of Idaho. A detached accessory building can be built to the side or rear lot lines, provided a written mutual agreement of the abutting property owners on the property lines affected be recorded in the Latah County Recorder's Office. Fences, bridges, retaining walls, roads, driveways, in ground scales, poles, signs, access ramps, and mailboxes (respecting rights-of-way and easements) are exempt from setback requirements. (Ord. 392, 8-16-2021)

No sign shall exceed thirty-two (32) square feet in display area and no sign for commercial purposes shall be allowed unless it pertains only to a permitted use engaged on the property. No sign or item used to post a sign may impair the sight of drivers traveling on public roads. No sign greater than two (2) square feet shall be lighted and such lighting shall be directed onto the sign, shall be of a full cut-off fixture, and shall not impair the sight of drivers. Signs installed by the Idaho Transportation Department, local highway district, or other governmental agency for purposes of directing the safe and convenient flow of traffic are exempt from these restrictions. (Ord. 392, 8-16-2021)

The Suburban Residential Zone is shown on the "Official Zoning Map of Latah County". This zone is established to achieve the purposes of this title and the goals and policies of the Latah County Comprehensive Plan by providing opportunities for residential development in areas appropriate for higher density single-family housing. Uses allowed in this zone include residential subdivisions, limited service and commercial activity, and uses which will not conflict with a suburban residential neighborhood. (Ord. 392, 8-16-2021)

The following uses are permitted in this zone as a right of property ownership:

   A.   Accessory buildings and uses required to conduct, and normally associated with, the uses permitted in this zone.

   B.   Duplexes or single family homes converted into two (2) or more separate dwelling units or dwelling units with four (4) or fewer rooms for rent so long as setbacks can be met without a variance.

   C.   Home occupations, as provided by section 9-4C-2 of this title.

   D.   Multi-family apartment buildings no more than three (3) stories high on each eligible parcel at a density of one dwelling unit per acre if on private water and septic or one dwelling unit per five thousand (5,000) square feet if approval is given by a district or municipality to connect to water and sewer, so long as setbacks can be met without a variance.

   E.   One single family dwelling for each eligible parcel; plus one additional single family dwelling per additional acre if on private water and septic or one additional single family dwelling per additional five thousand (5,000) square feet if approval is given by a district or municipality to connect to water and sewer, so long as setbacks can be met without a variance.

   F.   Subdivisions and manufactured home parks as regulated by this title. (Ord. 392, 8-16-2021)

The following uses require an "administrative zoning permit" prior to being allowed. All such uses shall conform to the conditions set by this title and set in the permit. The application must be approved and inspection(s) shall be conducted to ensure any use listed conforms to the conditions of the permit prior to the use being enacted.

   A.   Public parks subject to the following requirements:

      1.   Daytime hours of operation only five o'clock (5:00) A.M. to ten o'clock (10:00) P.M.

      2.   The applicant must submit a site plan showing locations of playgrounds, bathrooms, paths, parking, campground areas, picnic shelters, events areas.

      3.   The applicant must submit a playground safety plan if a playground is proposed.

      4.   If any of the following are proposed, the applicant must submit a facilities plan that includes bathrooms (or porta potties), sewage system location and approval, and the well site and water distribution system (including fountains).

      5.   The applicant must submit a parking plan that shows adequate off-street parking.

      6.   The applicant must submit a plan for lighting. Lighting must not interfere with neighboring properties, must be full cut off fixtures, and, when feasible, be shut off at night.

      7.   All structures, including signs and fences, are subject to building permit requirements.

      8.   Structures, parking, and other features of the park may be subject to the accessibility requirements of the Building Code.

      9.   Any public parks that have overnight accommodations, want to operate outside of the prescribed hours of operation, that rent space for events, or that charge for admissions require a conditional use permit.

   B.   Water treatment facilities subject to the following requirements:

      1.   Submittal of approval from the agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a designated special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits for all structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      8.   Submittal of plan for fencing and buffering. Fencing may be required to ensure that the public's safety is not compromised.

      9.   Submittal of a plan for parking. (Ord. 392, 8-16-2021)

The following uses may be permitted by the Zoning Commission upon the issuance of a conditional use permit as provided by chapter 9-7A of this title:

   A.   A single building office or professional clinic with less than two thousand (2,000) square feet.

   B.   Cemeteries, churches, museums, and schools.

   C.   Child day care facilities.

   D.   Golf courses, recreational fields, meeting halls, recreational vehicle parks (subject, at a minimum, to the requirements set forth in subsection 9-3D-3B of this chapter, and subsection 9-3D-3C7 of this chapter), and public parks that have overnight accommodations, that have hours of operation outside of the prescribed hours of operation, that rent space for events, or that charge for admissions. Public parks are subject to subsections 9-3C-3A2 through 9-3C-3A9 of this article as well as any other conditions as set in an approved conditional use permit.

   E.   Public buildings and utility structures and uses.

   F.   Retail stores with less than two thousand (2,000) square feet of inventory display space.

   G.   Single Residential Wind Turbine:

      1.   The applicant shall place the wind turbine in a location that will have the least negative effect upon neighboring properties.

      2.   A maximum of one per each residence. Each wind turbine and any repairs require a building permit.

      3.   The proposed wind turbine shall be set back a minimum of one hundred fifty percent (150%) the height of the wind turbine from any public road, public right-of-way, or property line. The proposed wind turbine shall be set back a minimum of three hundred percent (300%) the height of the wind turbine from any residential, public or commercial structure. The Zoning Commission may waive such setbacks if it deems such to be appropriate and if the following criteria are met:

         a.   The applicant must file with the Planning Department a signed notarized form, approved by the Planning Department, from all owners of record of all such property and structures consenting to the location of the wind turbine;

         b.   Each form shall be recorded in the Latah County Recorder's Office prior to submission to the Planning Department; and

         c.   For property line waivers, the form(s) shall be accompanied by a current legal survey of the property line(s) relevant to the setback.

Setbacks from any public road or public right-of-way shall not be waived.

      4.   Residential wind turbines shall not be lit.

      5.   Wind turbines shall not be operated from five thirty o'clock (5:30) P.M. to ten o'clock (10:00) P.M. Monday through Friday. Wind turbines shall not be operated from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. on Saturday and Sunday.

      6.   Wind turbines shall be no higher than fifty feet (50') high unless otherwise authorized by the Zoning Commission.

      7.   Wind turbines shall have a blade size no larger than four feet (4').

      8.   Wind turbines shall be designed and installed to have an automatic and a manually powered shutoff that is available at ground level in the event the wind turbine becomes defective or there is a high wind event.

      9.   Any wind turbine found by the building official to be unsafe, abandoned, or defective shall be repaired by the landowner to meet Federal, State and local safety standards and the Latah County Building Code. Such wind turbine shall be shut off immediately upon notification of the building official to the owner of the property and shall remain off until the building official has verified the structure has been repaired and is no longer unsafe or defective. The County shall have the authority to pursue legal action if necessary.

   H.   Veterinary clinics with associated boarding facilities.

   I.   Wastewater treatment facilities. (Ord. 392, 8-16-2021)

Minimum eligible parcel size is twelve thousand (12,000) square feet. When a public water system and a public sewer system are provided, the minimum eligible parcel size is nine thousand six hundred (9,600) square feet. Each eligible parcel shall have at least seventy feet (70') of continuous frontage on a dedicated public right-of-way. All structures shall be a minimum of ten feet (10') from any property line and shall be a minimum of ten feet (10') from the boundaries of any public right-of-way or sixty feet (60') from the center line of any road placed within the boundaries of a public right-of-way, whichever is greater. When the setback distance is disputed, the Planning Department may require the property owner to have the property line established by a professional surveyor licensed in the State of Idaho. Fences, bridges, retaining walls, roads, driveways, in ground scales, poles, signs, access ramps, and mailboxes (respecting rights-of-way and easements) are exempt from setback requirements. (Ord. 392, 8-16-2021)

No sign shall exceed ten (10) square feet in display area and no sign for commercial purposes shall be allowed unless it pertains only to a permitted use engaged on the property. No sign or item used to post a sign may impair the sight of drivers traveling on public roads. No sign greater than two (2) square feet shall be lighted and such lighting shall be directed onto the sign, shall be of a full cut-off fixture, and shall not impair the sight of drivers. Signs installed by the Idaho Transportation Department, local highway district, or other governmental agency for purposes of directing the safe and convenient flow of traffic are exempt from these restrictions. (Ord. 392, 8-16-2021)

The Commercial Zone is shown on the "Official Zoning Map of Latah County". This zone is established to achieve the purposes of this title and the goals and policies of the Latah County Comprehensive Plan by providing opportunities for commercial development in areas appropriate for business activity. Uses allowed in this zone include service, retail, professional offices and other commercial activity, limited residential, and uses which will not conflict with other commercial operations. (Ord. 392, 8-16-2021)

The following uses are permitted in this zone as a right of property ownership:

   A.   Accessory buildings and uses required to conduct, and normally associated with, the uses permitted in this zone.

   B.   Home occupations, as provided by section 9-4C-2 of this title.

   C.   Subdivisions as regulated in chapters 9-8 and 9-9 of this title (residential development requires a conditional use permit as specified by subsection 9-3D-4D of this article). (Ord. 392, 8-16-2021)

   A.   The following uses require an "administrative zoning permit" prior to being allowed. All such uses shall conform to the conditions set by this title and set in the permit. The application must be approved and inspection(s) shall be conducted to ensure any use listed conforms to the conditions of the permit prior to the use being enacted.

   B.   In addition to the requirements listed below, all of the following uses must submit the following documents/information as part of their permit application when applicable (applicability is determined as having the item or needing the item because of other items on the parcel):

      1.   Building permit.

      2.   Fire protection.

      3.   Hours of operation.

      4.   Landscaping for shading and buffering.

      5.   Lighting (lighting must be a full cutoff fixture and shall be directed away from existing residences).

      6.   Outdoor storage.

      7.   Parking including spaces, accessibility, approach points.

      8.   Sewer system (the applicant shall provide approval from the Health Department for any new septic system, any connection or modification to an existing septic system, and approval from any city or sewer district showing an approved connection for the proposed use).

      9.   Stormwater runoff.

      10.   Wastewater management.

      11.   Water system (public when required, water right when required; the Planning Department shall check to ensure necessary permits have been issued for the water source).

   C.   Uses:

      1.   Hotels and motels, recreational resorts, concert and event venues and amusement/theme parks.

      2.   Ministorage facilities.

      3.   Mortuaries and crematoriums.

      4.   Motor vehicle, recreational vehicle, boat, motorcycle, farm equipment and other similar sales and service facilities.

      5.   Public buildings, not including warehouses and service yards, and museums.

      6.   Public or private off-street parking (not including sales lots) no more than three (3) stories not to exceed thirty-nine feet (39') in height.

      7.   RV parks subject to the following requirements:

         a.   Construction plans designed by an engineer registered in the State of Idaho are required that indicate the following. The Planning Department can waive the requirement for engineering if the park is small enough or environmental conditions do not pose any problems for the site.

            (1)   Location of all existing and proposed structures within the development.

            (2)   Location and precise nature of landscaping and its contents and a statement regarding the proposed maintenance program.

            (3)   Location of lots or spaces subject to the following requirements:

               (A)   Minimum space size shall be forty feet by twenty feet (40' x 20'); however, up to forty percent (40%) of the spaces may be a minimum of twenty-five feet by twenty feet (25' x 20').

               (B)   Design of spaces shall be such that minimum space between recreational vehicles is ten feet (10').

            (4)   Location of toilet facilities. Toilet facilities and potable water shall be provided in all parks that allow recreational vehicles which are not self-contained.

            (5)   Location of solid waste receptacles. Solid waste receptacles shall be provided and shall be located no farther than one hundred fifty feet (150') away from any recreational vehicle or campground space.

            (6)   Alignment and grade for any storm sewer and streets.

            (7)   Space numbering.

            (8)   Location and specific nature of open areas and playground equipment, if any.

      8.   Retail businesses, restaurants and drinking establishments, catering facilities, enclosed entertainment facilities, clubs, public or private clinics, offices, banks, repair shops, other retail or service uses not listed and not including manufacturing and other service related businesses and activities.

      9.   Small scale manufacturing conducted in a fully enclosed structure that is no larger than five thousand (5,000) square feet.

      10.   Unlit communication towers and transmission facilities lower than fifty feet (50') high subject to the following requirements:

         a.   Towers are subject to chapter 9-4A of this title, changing "conditional use permit" to "administrative zoning permit" and changing "Zoning Commission" to "Planning Department".

         b.   Towers shall not be lit.

         c.   Towers shall not be higher than fifty feet (50') high.

      11.   Veterinary clinics with associated boarding facilities.

      12.   Warehouses and service yards.

      13.   Water treatment facilities subject to the following requirements:

         a.   Submittal of approval from the agency in charge of approval of the facility.

         b.   Submittal of a plan for chemical storage and handling.

         c.   If in a designated special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

         d.   Submittal of a map of power, gas and other utility plans for the facility.

         e.   Building permits for all structures as prescribed by code.

         f.   If a facility for workers is proposed, plans for that structure must be submitted.

         g.   Submittal of plan for fencing and buffering. Fencing may be required to ensure that the public's safety is not compromised. (Ord. 392, 8-16-2021)

The following uses may be permitted by the Zoning Commission upon the issuance of a conditional use permit as provided by chapter 9-7A of this title. When applicable to the use, at a minimum, the following uses must meet the requirements set forth in subsection 9-3D-3B of this article:

   A.   Churches and schools.

   B.   Dams and power plants, and other utility structures and uses.

   C.   Manufacturing conducted in a fully enclosed structure that is larger than five thousand (5,000) square feet but smaller than ten thousand (10,000) square feet.

   D.   Single- and multi-family residential dwellings.

   E.   Wastewater treatment facilities subject to, at a minimum, the requirements set forth in wastewater treatment facility in section 9-3A-4 of this chapter.

   F.   Wind Turbines:

      1.   The following documents must be attached and submitted along with the application:

         a.   A survey of the parcel of land on which the proposed wind turbine(s) is to be located. This survey shall include all real property described on the deed of conveyance most recently recorded for that parcel that complies with this title.

         b.   A detailed drawing of each wind turbine with the height and location specified.

         c.   If monopole towers are to be used, information on noise reduction methods that will be used to reduce the noise.

         d.   The amount of energy to be produced by each wind turbine.

         e.   Documents demonstrating to the satisfaction of the Zoning Commission that the necessary easements have been obtained, as well as plans showing how vehicle access will be provided.

         f.   If any proposed wind turbine is less than two thousand feet (2,000') from any residence or commercial or public building, and/or less than three hundred percent (300%) the height of the wind turbine to any property line, the applicant shall submit a signed notarized form, approved by the Planning Department, from all owners of record of such residential, commercial, or public structures and all owners of record of such property consenting to the location of the wind turbine. Each form shall be recorded in the Latah County Recorder's Office prior to submission to the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

         g.   All property owners of record located within two thousand feet (2,000') of any proposed wind turbine, as well as all adjacent property owners, shall be notified by regular mail at the last address listed in the Latah County Assessor's Office records by the Planning Department fifteen (15) days prior to the hearing.

      2.   Each wind turbine and any repairs require a building permit.

      3.   The following are required conditions for any wind turbine and for the approval of the construction of such and shall appear in any CUP approved for such use. These in no way limit the Zoning Commission from setting additional conditions to ensure that the wind turbine(s) is (are) in compliance with the criteria.

         a.   Any proposed wind turbine shall be set back a minimum of three hundred percent (300%) the height of the wind turbine from any public road, public right-of-way, property line, residential, public, or commercial structure. At a minimum, the wind turbine shall be at least one thousand feet (1,000') away from any residential, public, or commercial structures. The Zoning Commission may waive such setbacks if it deems such to be appropriate. To request to waive such setbacks, the applicant must file with the Planning Department a signed notarized form, approved by the Planning Department, from all owners of record of all such property or structures consenting to the location of the wind turbine. For property line waivers, this form shall be accompanied by a current survey approved by the Latah County Surveyor of the property line relevant to the setback. This form shall be recorded in the Latah County Recorder's Office by the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

         b.   Vibrations shall not be produced that will be humanly perceptible beyond the property boundary.

         c.   If equipment enclosures will be located on the ground, a six foot (6') to seven foot (7') high fence of wood, masonry or privacy slats completely surrounding the equipment enclosure is required to secure and screen the equipment and structure.

         d.   A warning sign no larger than three (3) square feet and no smaller than two (2) square feet must be placed on the fencing access/gate. It must contain the name of the owner and operator of the facility, and a phone number for cases of emergency as well as any other information required by law.

         e.   Any wind turbine/structure shall be finished in a nonreflective neutral color or as otherwise specified by the Zoning Commission.

         f.   No ladder rungs or climbing pegs on any wind turbine shall be allowed within twenty feet (20') of the ground.

         g.   The maximum wind turbine lighting is a low intensity red light as defined by the Federal Aviation Administration. No wind turbine shall be higher than can accommodate a low intensity red light.

         h.   Wind turbines and all accompanying equipment enclosures or ancillary facilities shall be camouflaged to fit into their immediate surroundings at the discretion of the Zoning Commission.

         i.   Compliance at all times with any applicable laws or regulations including this title and the Latah County Building Code ordinance.

         j.   All wind turbines must have an approval by the Idaho Department of Fish and Game (IDFG), based on a determination of the impact the proposed wind turbine will have on local and migratory birds. If the IDFG does not provide a written response to the Planning Department within forty-five (45) days of the IDFG receipt of the request for review, then IDFG approval of the site will be assumed by the Planning Department.

         k.   Wind turbines shall be designed and installed to have an automatic and a manually powered shut off that is available at ground level in the event the wind turbine becomes defective, makes noise, or there is a high wind event.

         l.   Building permits are required for each wind turbine and associated structure and any replacements or repairs.

         m.   When applicable, all new wind energy conversion systems shall comply with Sections 21-515, 21-51SA and 21-515B, Idaho Code.

      4.   In addition to the conditional use permit criteria set out in chapter 9-7A of this title, the Zoning Commission shall take the following considerations into account when deciding whether to grant a conditional use permit for wind turbine:

         a.   Whether the height, design, and any proposed future modification of the wind turbine will reduce or eliminate visual obtrusiveness to the greatest extent feasible and practical;

         b.   Whether it has been demonstrated the wind turbine will have a negative impact on nearby property;

         c.   Whether the existing land use of the proposed site is unique to that land; and

         d.   Whether any aspect of the wind energy operation may pose an unreasonable nuisance at the proposed site, including, but not limited to, lighting and noise.

      5.   Removal or repair of defective wind turbine. Any wind turbine found by the building official to be unsafe, abandoned, defective or causing an undue amount of noise heard on any nearby property shall be repaired by the landowner to meet Federal, State and local safety standards, the Latah County Building Code, and to not create nuisance noise. Such wind turbine shall be shut off immediately upon notification of the building official to the owner of the property and shall remain off until the building official has verified the structure has been repaired and is no longer unsafe, defective, or a nuisance. If the wind turbine is not legally repaired within one hundred twenty (120) days, it will be considered to be abandoned. At the end of the one hundred twenty (120) days, the owner shall immediately take down the wind turbine. If the owner does not immediately take down the wind turbine, legal proceedings as set forth in subsection F6 of this section, shall commence to ensure the wind turbine is taken down.

      6.   Abandoned Wind Turbine:

         a.   In addition to the provisions set forth in subsection F5 of this section, any wind turbine that has been turned off or is not working for a period of one hundred twenty (120) days shall be considered abandoned. The wind turbine owner or landowner thereof shall take down any such wind turbine(s) and any accompanying equipment enclosure within sixty (60) days.

         b.   The Planning Department, upon determining that wind turbine has been abandoned, shall serve notice by certified mail of its determination of abandonment upon the owner of the system and to the landowner, to the address on file with the Latah County Assessor's Office. The notice shall contain the reasons why the wind turbine has been deemed abandoned, the owner's obligation to remove the wind turbine pursuant to this section, and the owner's right to appeal the determination of abandonment.

         c.   The wind turbine owner or landowner may, during the sixty (60) days, apply, and for good cause shown, have granted, an extension of time on such terms as the Planning Department shall determine.

         d.   If such structure and equipment enclosure are not so removed within said sixty (60) days or any extension thereof, then the County has the right without further notice to enter upon the land and remove and abate such structures at the expense of the wind turbine owner or landowner by any remedy available at law or in equity. In the event Latah County exercises its right hereunder, any and all salvage rights shall inure to, and become property of, Latah County at the County's sole option.

         e.   The Planning Department's determination of abandonment may be appealed pursuant to subsection 9-1-11 of this title. (Ord. 392, 8-16-2021; amd. Ord. 407, 6-24-2025)

Minimum eligible parcel size is twelve thousand (12,000) square feet. All structures shall be a minimum of ten feet (10') from any property line not zoned Commercial and a minimum of ten feet (10') from any public right-of-way. When the setback distance is disputed, the Planning Department may require the property owner to have the property line established by a professional surveyor licensed in the State of Idaho. If a building is built within three feet (3') of the property line, it must meet the opening protection and fire resistance ratings of the adopted Building Code. If a building is built within six feet (6') of another building, both buildings must meet the most current opening protection and fire resistance ratings of the adopted Building Code. Fences, bridges, retaining walls, roads, driveways, in ground scales, poles, signs, access ramps, and mailboxes (respecting rights-of-way and easements) are exempt from setback requirements. (Ord. 392, 8-16-2021)

No sign shall exceed one hundred (100) square feet in display area or impair the sight of drivers traveling on public roads. Signs may be lighted, but not blinking, flashing, or moving. Signs installed by the Idaho Transportation Department, local highway district, or other government jurisdiction for purposes of directing the safe and convenient flow of traffic are exempt from these restrictions. (Ord. 392, 8-16-2021)

The Industrial Zone is shown on the "Official Zoning Map of Latah County". This zone is established to achieve the purposes of this title and the goals and policies of the Latah County Comprehensive Plan by providing opportunities for industrial development in areas appropriate for manufacturing activity. Uses allowed in this zone include manufacturing and processing facilities, and uses which will not conflict with other commercial manufacturing operations. All uses in this zoning designation are subject to the requirements set forth in section 9-9-4 of this title. (Ord. 392, 8-16-2021)

The following uses are permitted in this zone as a right of property ownership:

   A.   Accessory buildings and uses required to conduct, and normally associated with, the uses permitted in this zone and accessory retail/wholesale sales for the products manufactured on site.

   B.   Agricultural or forestry related commercial or industrial business uses. All natural mineral resource developments that are related to or used for agriculture or forestry uses shall be subject to subsection 9-3E-4G of this article.

   C.   Agronomy and all uses normally associated with raising, harvesting, and selling of crops, including trees and other plants.

   D.   Forestry and all uses normally associated with raising, harvesting, and selling of timber and other forest products.

   E.   Manufacturing with all phases.

   F.   Service yards and stations.

   G.   Warehousing and storage. (Ord. 392, 8-16-2021)

The following uses require an "administrative zoning permit" prior to being allowed. All such uses shall conform to the conditions set by this title and set in the permit. The application must be approved and inspection(s) shall be conducted to ensure any use listed conforms to the conditions of the permit prior to the use being enacted.

   A.   Caretaker Housing: The intent of this use is to enable the placement of one accessory housing unit, for use as a caretaker residence for industrial uses, provided that such accessory housing is not rented or occupied for gain. At a minimum, the accessory housing unit shall have the following conditions placed upon it:

      1.   Any new structure must meet all other zoning requirements, the owner of such property must obtain a valid building permit prior to any construction, the building must pass all inspections, and the building must receive a certificate of occupancy. Park model RVs and other recreational vehicles can be used as a caretaker residence if it is not the primary residence of the caretaker.

      2.   Any existing structure must be brought into compliance with all current zoning requirements, Building Codes, and occupancy ratings for a residence, the owner of such property must obtain a valid building permit prior to making any changes or commencing construction, the building must pass all inspections, and the building must receive a certificate of occupancy.

      3.   When appropriate, septic system and domestic water supply for accessory cottage housing shall be inspected and approved by the North Central District Health Department.

      4.   The square footage for caretaker housing shall be the minimum allowed by the Building Code and a maximum of nine hundred (900) square feet.

      5.   The maximum separation between the principal structure and the accessory caretaker housing shall be one hundred feet (100') unless it is physically impractical to do so, in which case it must be located as close as is physically practical to the principal structure.

      6.   A deed restriction shall be recorded prior to issuance of a building permit indicating that the accessory caretaker housing is not to be a leasehold interest or be rented. This restriction shall also state that this accessory housing unit shall forevermore be tied to the principal building and shall not be separated or put on its own parcel for sale or any other purpose.

   B.   Retail of product being made on-site and accessory items that are related to the on-site product sales subject, at a minimum, to the requirements set forth in subsection 9-3D-3B of this chapter.

      1.   Off-street parking for customers must be provided in addition to employee parking.

      2.   Retail activities shall be separated from industrial activities to protect the public.

      3.   Retail activities shall be limited to the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M.

      4.   Submittal of a plan for lighting. No exterior lights for the retail establishment shall be kept on past eight o'clock (8:00) P.M. and shall not be turned on until seven o'clock (7:00) A.M. Interior lighting kept on overnight shall not be a nuisance to neighbors.

      5.   If outside, noise shall be kept to a minimum.

   C.   Unlit communication towers and transmission facilities lower than fifty feet (50') high subject to the following requirements:

      1.   Towers are subject to chapter 9-4A of this title, changing "conditional use permit" to "administrative zoning permit" and changing "Zoning Commission" to "Planning Department".

      2.   Towers shall not be lit.

      3.   Towers shall not be higher than fifty feet (50') high.

   D.   Utility structures and uses, not including dams, power plants, or very similar structures.

      1.   Submittal of approval from the agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits must be obtained for any structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   When applicable, the facility must have an odor control plan.

      8.   Landscape buffers shall be provided for utility structures that are a visual nuisance. Fencing shall be provided for utility structures that are a hazard to public health. A plan shall be submitted, and once approved, the landscaping and fencing shall be installed prior to occupancy.

      9.   Submittal of a stormwater drainage plan.

      10.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      11.   Submittal of a plan for parking.

   E.   Wastewater Treatment Facility:

      1.   Submittal of approval from the State agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits must be obtained for any structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   Must submit an odor control plan.

      8.   Must submit plans for a landscape buffer around the facility and after approval, install the landscaping. The buffer should adequately shield any nearby uses that involve people from the facility.

      9.   Must submit a stormwater drainage plan for the wastewater treatment facilities.

      10.   Must submit a plan for any locations for any composting areas. Composting areas shall have a landscape buffer that shall meet the requirements of subsection E8 of this use.

      11.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      12.   Submittal of plan for fencing. All wastewater treatment plants that have open sources of water or sewage shall have a protective fence ensuring the safety of the public.

      13.   Submittal of a plan for parking. All parking lots must be constructed prior to occupancy.

   F.   Water treatment facilities subject to the following requirements:

      1.   Submittal of approval from the agency in charge of approval of the facility.

      2.   Submittal of a plan for chemical storage and handling.

      3.   If in a designated special flood hazard area, the facility must meet all of the requirements of chapter 9-5A of this title that are applicable, including subsection 9-5A-4H of this title.

      4.   Submittal of a map of power, gas and other utility plans for the facility.

      5.   Building permits for all structures as prescribed by code.

      6.   If a facility for workers is proposed, plans for that structure must be submitted.

      7.   Submittal of plan for lighting if any lighting is proposed. All lighting must be directed away from neighboring residences and must be full cut off fixtures.

      8.   Submittal of plan for fencing and buffering. Fencing may be required to ensure that the public's safety is not compromised.

      9.   Submittal of a plan for parking. (Ord. 392, 8-16-2021)

The following uses may be permitted by the Zoning Commission upon the issuance of a conditional use permit as provided by chapter 9-7A of this title:

   A.   Agricultural or forestry processing or production facilities and slaughterhouses with more than twenty-five (25) full time equivalent employees.

   B.   Chemical storage and manufacture.

   C.   Communication towers and transmission facilities that are lit and/or that are over fifty feet (50') high, subject to chapter 9-4A of this title.

   D.   Dams and power plants, and other very similar utility structures.

   E.   Feedlots, animal husbandry and all of the uses normally associated with the raising, feeding, and selling of livestock, dairies, continuous confined animal management operations or other types of similar facilities with more than two hundred fifty (250) animal units.

      1.   Any containment of animals must be situated at least thirty-five feet (35') from any perennial stream shown on a USGS 7.5 minute map.

      2.   At the time of application, the applicant shall show proof that plans and permits for water, nutrient management, and odor management will be approved by the relevant regulatory or permitting agency such as the Idaho Department of Water Resources, the Idaho Department of Agriculture, and/or the Idaho Department of Environmental Quality, and shall name the agency and contact person, or the applicant shall show proof that no such permit is required. Copies of these permit approvals must be provided to the Planning Department prior to any commencement of activities on the permitted property. The Board of Latah County Commissioners may request a review as per Idaho Code section 67-6529E, the results of which shall be in the possession of the County prior to the public hearing being held.

      3.   Anyone, regardless of their property's distance from the site of the permit or regardless of whether they own property, may testify at the required public hearings.

   F.   Landing strips, heliports, and airports.

   G.   Mineral resource developments subject to chapter 9-4B of this title.

   H.   Other retail.

   I.   Salvage yards, wrecking yards, and junkyards.

   J.   Solid waste disposal facilities.

   K.   Wind Turbine:

      1.   The following documents must be attached and submitted along with the application:

         a.   A survey of the parcel of land on which the proposed wind turbine(s) is to be located. This survey shall include all real property described on the deed of conveyance most recently recorded for that parcel that complies with this title.

         b.   A detailed drawing of each wind turbine with the height and location specified.

         c.   If monopole towers are to be used, information on noise reduction methods that will be used to reduce the noise.

         d.   The amount of energy to be produced by each wind turbine.

         e.   Documents demonstrating to the satisfaction of the Zoning Commission that the necessary easements have been obtained, as well as plans showing how vehicle access will be provided.

         f.   If any proposed wind turbine is less than two thousand feet (2,000') from any residence or commercial or public building, and/or less than three hundred percent (300%) the height of the wind turbine to any property line, the applicant shall submit a signed notarized form, approved by the Planning Department, from all owners of record of such residential, commercial, or public structures and all owners of record of such property consenting to the location of the wind turbine. Each form shall be recorded in the Latah County Recorder's Office prior to submission to the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

         g.   All property owners of record located within two thousand feet (2,000') of any proposed wind turbine, as well as all adjacent property owners, shall be notified by regular mail at the last address listed in the Latah County Assessor's Office records by the Planning Department fifteen (15) days prior to the hearing.

      2.   Each wind turbine and any repairs require a building permit.

      3.   The following are required conditions for any wind turbine and for the approval of the construction of such and shall appear in any CUP approved for such use. These in no way limit the Zoning Commission from setting additional conditions to ensure that the wind turbine(s) is (are) in compliance with the criteria.

         a.   Any proposed wind turbine shall be set back a minimum of three hundred percent (300%) the height of the wind turbine from any public road, public right-of-way, property line, residential, public, or commercial structure. At a minimum, the wind turbine shall be at least one thousand feet (1,000') away from any residential, public, or commercial structures. The Zoning Commission may waive such setbacks if it deems such to be appropriate. To request to waive such setbacks, the applicant must file with the Planning Department a signed notarized form, approved by the Planning Department, from all owners of record of all such property or structures consenting to the location of the wind turbine. For property line waivers, this form shall be accompanied by a current survey approved by the Latah County Surveyor of the property line relevant to the setback. This form shall be recorded in the Latah County Recorder's Office by the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

         b.   Vibrations shall not be produced that will be humanly perceptible beyond the property boundary.

         c.   If equipment enclosures will be located on the ground, a six foot (6') to seven foot (7') high fence of wood, masonry or privacy slats completely surrounding the equipment enclosure is required to secure and screen the equipment and structure.

         d.   A warning sign no larger than three (3) square feet and no smaller than two (2) square feet must be placed on the fencing access/gate. It must contain the name of the owner and operator of the facility, and a phone number for cases of emergency as well as any other information required by law.

         e.   Any wind turbine/structure shall be finished in a nonreflective neutral color or as otherwise specified by the Zoning Commission.

         f.   No ladder rungs or climbing pegs on any wind turbine shall be allowed within twenty feet (20') of the ground.

         g.   The maximum wind turbine lighting is a low intensity red light as defined by the Federal Aviation Administration. No wind turbine shall be higher than can accommodate a low intensity red light.

         h.   Wind turbines and all accompanying equipment enclosures or ancillary facilities shall be camouflaged to fit into their immediate surroundings at the discretion of the Zoning Commission.

         i.   Compliance at all times with any applicable laws or regulations including this title and the Latah County Building Code ordinance.

         j.   All wind turbines must have an approval by the Idaho Department of Fish and Game (IDFG), based on a determination of the impact the proposed wind turbine will have on local and migratory birds. If the IDFG does not provide a written response to the Planning Department within forty-five (45) days of the IDFG receipt of the request for review, then IDFG approval of the site will be assumed by the Planning Department.

         k.   Wind turbines shall be designed and installed to have an automatic and a manually powered shut off that is available at ground level in the event the wind turbine becomes defective, makes noise, or there is a high wind event.

         l.   Building permits are required for each wind turbine and associated structure and any replacements or repairs.

         m.   When applicable, all new wind energy conversion systems shall comply with Sections 21-515, 21-51 SA and 21-51 SB, Idaho Code.

      4.   In addition to the conditional use permit criteria set out in chapter 9-7A of this title, the Zoning Commission shall take the following considerations into account when deciding whether to grant a conditional use permit for wind turbine:

         a.   Whether the height, design, and any proposed future modification of the wind turbine, will reduce or eliminate visual obtrusiveness to the greatest extent feasible and practical;

         b.   Whether it has been demonstrated the wind turbine will have a negative impact on nearby property;

         c.   Whether the existing land use of the proposed site is unique to that land; and

         d.   Whether any aspect of the wind energy operation may pose an unreasonable nuisance at the proposed site, including, but not limited to, lighting and noise.

      5.   Removal or repair of defective wind turbine. Any wind turbine found by the building official to be unsafe, abandoned, defective or causing an undue amount of noise heard on any nearby property shall be repaired by the landowner to meet Federal, State and local safety standards, the Latah County Building Code, and to not create nuisance noise. Such wind turbine shall be shut off immediately upon notification of the building official to the owner of the property and shall remain off until the building official has verified the structure has been repaired and is no longer unsafe, defective, or a nuisance. If the wind turbine is not legally repaired within one hundred twenty (120) days, it will be considered to be abandoned. At the end of the one hundred twenty (120) days, the owner shall immediately take down the wind turbine. If the owner does not immediately take down the wind turbine, legal proceedings as set forth in subsection K6 of this section shall commence to ensure the wind turbine is taken down.

      6.   Abandoned Wind Turbine:

         a.   In addition to the provisions set forth in subsection K5 of this section, any wind turbine that has been turned off or not working for a period of one hundred twenty (120) days shall be considered abandoned. The wind turbine owner or landowner thereof shall take down any such wind turbine(s) and any accompanying equipment enclosure within sixty (60) days.

         b.   The Planning Department, upon determining that wind turbine has been abandoned, shall serve notice by certified mail of its determination of abandonment upon the owner of the system and to the landowner, to the address on file with the Latah County Assessor's Office. The notice shall contain the reasons why the wind turbine has been deemed abandoned, the owner's obligation to remove the wind turbine pursuant to this subsection, and the owner's right to appeal the determination of abandonment.

         c.   The wind turbine owner or landowner may, during the sixty (60) days, apply, and for good cause shown, have granted, an extension of time on such terms as the Planning Department shall determine.

         d.   If such structure and equipment enclosure are not so removed within said sixty (60) days or any extension thereof, then the County has the right without further notice to enter upon the land and remove and abate such structures at the expense of the wind turbine owner or landowner by any remedy available at law or in equity. In the event Latah County exercises its right hereunder, any and all salvage rights shall inure to, and become property of Latah County at the County's sole option.

         e.   The Planning Department's determination of abandonment may be appealed pursuant to subsection 9-1-11 of this title. (Ord. 392, 8-16-2021; amd. Ord. 407, 6-24-2025)

Minimum eligible parcel size is one acre. All structures, exterior storage, and exterior activities shall be a minimum of fifty feet (50') from any property line not zoned industrial and a minimum of fifty feet (50') from any public right-of-way. When the setback distance is disputed, the Planning Department may require the property owner to have the property line established by a professional surveyor licensed in the State of Idaho. If a building is built within three feet (3') of the property line, it must meet the opening protection and fire resistance ratings of the adopted Building Code. If a building is built within six feet (6') of another building, both buildings must meet the most current opening protection and fire resistance ratings of the adopted Building Code. Fences, bridges, retaining walls, roads, driveways, in ground scales, poles, signs, access ramps, and mailboxes (respecting rights-of-way and easements) are exempt from setback requirements. (Ord. 392, 8-16-2021)

No sign shall exceed one hundred (100) square feet in display area or impair the sight of drivers traveling on public roads. Signs may be lighted, but not blinking, flashing, or moving. Signs installed by the Idaho Transportation Department, local highway district, or other government jurisdiction for purposes of directing the safe and convenient flow of traffic are exempt from these restrictions. (Ord. 392, 8-16-2021)