(a)

Purpose. To provide a transition zone from agricultural land uses to residential land use within the city limits where centralized water and sewer are not available.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 2, 10-25-99)

In an F-2 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Class A manufactured home;

(2)

General farming, except feedlots;

(3)

Single-family dwelling;

(4)

Bed and breakfast facilities, subject to special conditions of section 37-13.1(1) of this Code;

(5)

Family day care, subject to special conditions of section 37-13.1(2) of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 3, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4742, § 2B, 8-19-19)

In an F-2 zone, the following uses are permitted when authorized in accordance with the standards and requirements in article IX:

(1)

Class B manufactured home;

(2)

Commercial kennels;

(3)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(4)

Quarrying when the outer boundary is not located within one thousand (1,000) feet of a dwelling unit other than that of the operator;

(5)

Recreational vehicle park, subject to the provisions of chapter 23, article II of this Code;

(6)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(7)

Group day care, subject to special conditions of section 37-13.1(3) of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 4, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4698, § 15, 10-30-17; Ord. No. 4742, § 2C, 8-19-19; Ord. No. 4799, § 1, 3-8-21)

(1)

Bed and breakfast facilities.

(a)

The use shall not change the residential character of the dwelling, shall be conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term, shall be conducted so that the average neighbor under normal circumstances would not be aware of its existence, and shall not infringe upon the rights of neighboring residents to enjoy the peaceful occupancy of their homes.

(b)

No more than one (1) person, other than members of the family residing on the premises, shall be engaged in the occupation.

(c)

Only resident guests of bed and breakfast facilities shall be served meals.

(d)

Bed and breakfast facilities shall be limited to five (5) or fewer guestrooms.

(e)

One (1) off-street parking space is required for each guestroom of a bed and breakfast facility.

(f)

A bed and breakfast facility shall be allowed one (1) sign, no more than four (4) square feet and non-illuminated.

(g)

The size of the site is shown to be reasonable for the intended use.

(h)

Access to the site meets all applicable ordinances.

(i)

The surrounding properties will not otherwise be adversely affected.

(2)

Family day care, one (1) to six (6) children.

(a)

A business license is required in accordance with chapter 21 of this Code.

(b)

The size of the site is shown to be reasonable for the intended use.

(c)

Access to the site meets all applicable ordinances.

(d)

The surrounding properties will not otherwise be adversely affected.

(3)

Group day care, seven (7) to twelve (12) children.

(a)

A business license is required in accordance with chapter 21 of this Code.

(b)

The size of the site is shown to be reasonable for the intended use.

(c)

Access to the site meets all applicable ordinances.

(d)

The surrounding property will not otherwise be adversely affected.

(Ord. No. 4249, § 5, 10-25-99; Ord. No. 4322, § 2, 12-9-02; Ord. No. 4351, § 2, 3-15-04; Ord. No. 4742, § 2D, 8-19-19; Ord. No. 4753, § 2, 12-14-19)

The lot size shall be as follows:

(1)

For a single-family dwelling, the minimum lot area shall be five (5) acres;

(2)

Minimum lot width shall be two hundred (200) feet.

(Ord. No. 4108, § 2, 8-15-94)

Except as provided in article VIII, yards shall be as follows:

(1)

A front yard shall be a minimum of twenty (20) feet;

(2)

A side yard shall be a minimum of ten (10) feet, except that on a corner lot, the side yard shall be a minimum of fifteen (15) feet from the property line or thirty (30) feet from the centerline of the street, whichever is greater;

(3)

A rear yard shall be a minimum of twenty (20) feet.

(Ord. No. 4108, § 2, 8-15-94)

Buildings shall not exceed a height of thirty-five (35) feet.

(Ord. No. 4108, § 2, 8-15-94)

Buildings shall not cover more than forty (40) percent of the lot.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Purpose. To provide for agricultural or transitional area for suburban residential uses.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 6, 10-25-99)

In an R-1 zone, the following uses and their accessory uses are permitted outright, subject to the provisions of article IV:

(1)

Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this Code;

(2)

Church, subject to the special conditions of section 37-20.1(2) of this Code;

(3)

Class A manufactured home;

(4)

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5)

Family day care, subject to the special conditions of section 37-13.1(2) of this Code;

(6)

General farming, except feedlots;

(7)

Mortuary, subject to the special conditions of section 37-20.1(1) of this Code;

(8)

Park, subject to the special conditions of section 37-20.1(4) of this Code;

(9)

School, subject to the special conditions of section 37-20.1(3) of this Code;

(10)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(11)

Single-family dwelling;

(12)

Two-family dwelling.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 7, 10-25-99; Ord. No. 4385, § 1, 2-14-05; Ord. No. 4398, § 6, 1-9-06; Ord. No. 4531, § 2, 7-13-09; Ord. No. 4675, § 1, 11-28-16; Ord. No. 4944, § 2, 7-14-25)

In an R-1 zone the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in articles IV and IX:

(1)

Repealed by Ord. No. 4742.

(2)

Class B manufactured home;

(3)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(4)

Group day care, subject to the special conditions of section 37-13.1(3) of this Code;

(5)

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(6)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a maximum density of six (6) dwelling units per acre;

(7)

Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this Code;

(8)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(9)

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(10)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(11)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(12)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(13)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a maximum density of six (6) dwelling units per acre.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 8, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 2, 2-14-05; Ord. No. 4398, § 7, 1-9-06; Ord. No. 4531, § 2, 7-13-09; Ord. No. 4675, § 2, 11-28-16; Ord. No. 4742, § 2E, 8-19-19; Ord. No. 4799, § 2, 3-8-21; Ord. No. 4841, § 4, 11-14-22; Ord. No. 4944, § 3, 7-14-25)

(1)

Mortuary.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

The abutting/adjacent properties will not otherwise be adversely affected.

(c)

The developer of the proposed project shall contact all property owners and tenants within three hundred thirty (330) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in article IX of this chapter.

(2)

Church.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

The abutting/adjacent properties will not otherwise be adversely affected.

(c)

A church may exceed the height limitations of the zone in which it is located to a maximum of fifty (50) feet, if the total floor area of the building does not exceed one and one-half (1½) times the area of the site and if the yard dimensions in each case are equal to at least two-thirds (⅔) of the height of the principal structure.

(d)

The developer of the proposed project shall contact all property owners and tenants within three hundred thirty (330) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in article IX of this chapter.

(3)

School.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

The surrounding property will not otherwise be adversely affected.

(c)

The developer of the proposed project shall contact all property owners and tenants within three hundred thirty (330) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in article IX of this chapter.

(4)

Park.

(a)

Site development plan is submitted for review and approval to the Lewiston parks and recreation manager; subsequent development shall be in substantial conformance with the approved development plan.

(b)

The site development plan shall be shown to be in substantial compliance with the park and open space master plan.

(5)

Day care center, thirteen (13) children or over.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

The surrounding property will not otherwise be adversely affected.

(c)

Off-street parking and pick-up/drop-off area shall be provided.

(6)

Preschool.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

Parking and access to the site meet all applicable ordinances.

(c)

The surrounding property will not otherwise be adversely affected.

(d)

The developer of the proposed project shall contact all property owners and tenants within three hundred thirty (330) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in article IX of this chapter.

(Ord. No. 4249, § 9, 10-25-99; Ord. No. 4351, § 3, 3-15-04; Ord. No. 4692, § 11, 10-30-17; Ord. No. 4944, § 4, 7-14-25)

In an R-1 zone, the lot size shall be as follows:

(1)

For a single-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet, subject to sections 32-45(f)(1) and 36-103 of this Code.

(2)

For a two-family dwelling, the minimum lot area shall be fifteen thousand (15,000) square feet, subject to sections 32-45(f)(1) and 36-103 of this Code.

(3)

Lot width shall be a minimum of seventy (70) feet.

(4)

Lot depth shall be a minimum of one hundred (100) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4381, § 1, 1-24-05; Ord. No. 4531, § 2, 7-13-09; Ord. No. 4676, § 2, 11-28-16)

Except as provided in article VIII, in an R-1 zone yards shall be as follows:

(1)

A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2)

A side yard shall be a minimum of ten (10) feet, except that on a corner lot the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty (30) feet from the centerline of the street, whichever is greater.

(3)

A rear yard shall be a minimum of twenty (20) feet.

(4)

Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum seven thousand five hundred (7,500) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero-lot line shall be a minimum of twenty (20) feet. In no case shall the minimum width of the zero-lot line lot be less than sixty (60) feet nor the depth less than one hundred (100) feet.

(Ord. No. 4108, § 2, 8-15-94)

Buildings shall not cover more than forty (40) percent of the lot.

(Ord. No. 4108, § 2, 8-15-94)

In an R-1 zone, the buildings shall not exceed a height of thirty-five (35) feet.

(Ord. No. 4108, § 2, 8-15-94)

Editor's note— Ord. No. 4216, § 1, adopted August 10, 1998, repealed § 37-25, relative to signs permitted in the R-1 Zone, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Purpose. To provide land for lower density residential development in a neighborhood setting.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 10, 10-25-99)

In an R-2 zone the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this Code;

(2)

Church, subject to the special conditions of section 37-20.1(2) of this Code;

(3)

Class A manufactured home;

(4)

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5)

Family day care, subject to the special conditions of section 37-13.1(2) of this Code;

(6)

Mortuary, subject to the special conditions of section 37-20.1(1) of this Code;

(7)

Park, subject to the special conditions of section 37-20.1(4) of this Code;

(8)

School, subject to the special conditions of section 37-20.1(3) of this Code;

(9)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(10)

Single-family dwelling;

(11)

Two-family dwelling.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 3, 7-1-96; Ord. No. 4249, § 11, 10-25-99; Ord. No. 4385, § 3, 2-14-05; Ord. No. 4944, § 5, 7-14-25)

In an R-2 zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in articles IV and IX:

(1)

Repealed by Ord. No. 4742.

(2)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(3)

Group day care, subject to the special conditions of section 37-13.1(3) of this Code;

(4)

Intermediate care facility;

(5)

Long-term care facility;

(6)

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(7)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a maximum density of nine (9) dwelling units per acre;

(8)

Multifamily dwelling, meeting the standards of section 37-124.1 of this Code;

(9)

Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this Code;

(10)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(11)

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(12)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(13)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(14)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(15)

Small lot development subject to the requirements of section 37-33 of this Code, standards for small lot development;

(16)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a maximum density of nine (9) dwelling units per acre.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 12, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 4, 2-14-05; Ord. No. 4433, § 1, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 3, 7-13-09; Ord. No. 4656, § 1, 3-28-16; Ord. No. 4676, § 3, 11-28-16; Ord. No. 4742, § 2F, 8-19-19; Ord. No. 4799, § 3, 3-8-21; Ord. No. 4841, § 5, 11-14-22; Ord. No. 4944, § 6, 7-14-25)

In an R-2 zone, the minimum lot size shall be as follows:

(1)

For a single-family dwelling, the minimum lot area shall be seven thousand five hundred (7,500) square feet, subject to sections 32-45(f)(1) and 36-103 of this Code.

(2)

For a two-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet, and connection to a municipal sanitary sewer system must be provided.

(3)

For a multifamily dwelling, the minimum lot area shall be ten thousand (10,000) square feet plus three thousand (3,000) square feet for each dwelling unit over two (2), and connection to a municipal sanitary sewer system must be provided.

(4)

Lot width shall be a minimum of sixty (60) feet.

(5)

Lot depth shall be a minimum of eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4676, § 4, 11-28-16)

Except as provided in article VIII, in an R-2 zone the minimum yard requirements shall be as follows:

(1)

A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2)

A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3)

A rear yard shall be a minimum of twenty (20) feet.

(4)

Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero-lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero-lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94)

In an R-2 zone buildings shall not cover more than forty (40) percent of the lot.

(Ord. No. 4108, § 2, 8-15-94)

In an R-2 zone, no building shall exceed a height of thirty-five (35) feet.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Lot size.

(1)

For a single-family dwelling, the minimum lot area shall be four thousand (4,000) square feet;

(2)

For a two-family dwelling, the minimum lot area shall be six thousand five hundred (6,500) square feet;

(3)

Lot dimensions shall be a minimum of forty (40) feet and sixty-five (65) feet, with either dimension serving as lot width or lot depth, so long as both dimensions are met; provided, however, the minimum lot width for a lot street frontage that is a street curve radius only shall be thirty (30) feet, or twenty (20) feet if adjacent to a shared driveway evidenced by a recorded easement with the neighboring lot.

(b)

Yards. Except as provided in section 37-156 of this Code, the minimum yard requirements shall be as follows:

(1)

A front yard shall be a minimum of ten (10) feet or twenty-five (25) feet from the centerline of the adjacent street, whichever is greater, except a front yard for a garage or carport shall be a minimum of twenty (20) feet.

(2)

A side yard shall be:

a.

Zero (0) feet for the common wall of a single-family dwelling that is attached to another single-family dwelling where the common wall is also a property line established by the subdivision platting process of chapter 32 of this Code, Subdivisions; or

b.

A minimum of five (5) feet, except (i): on corner lots the street side yard shall be a minimum of ten (10) feet or twenty-five (25) feet from the centerline of the adjacent street, whichever is greater; and (ii) for a garage or carport, a side yard shall be a minimum of twenty (20) feet.

(3)

A rear yard shall be a minimum of twenty (20) feet except when one (1) side yard is at least twenty (20) feet, the rear yard may be reduced to ten (10) feet.

(c)

Building size. In small lot development, buildings shall not cover more than sixty (60) percent of the lot.

(d)

Detached accessory buildings.

(1)

One (1) detached garage, carport, or storage building shall be allowed, so long as such detached garage, carport, or storage building does not exceed four hundred eighty-four (484) square feet; does not exceed sixteen (16) feet in height; and is not located closer to a street right-of-way than the house, unless on a flag lot or on the street side of a corner lot. No other detached accessory buildings are allowed, unless they do not exceed one hundred twenty (120) square feet.

(e)

Standards. All homes within a small lot or zero lot line development shall comply with a minimum of two (2) out of the ten (10) requirements listed below:

(1)

House facades fronting a street right-of-way shall have a minimum of fifteen (15) percent window area and shall include at least two (2) of the following for a minimum of twenty (20) percent of the length and/or height of the facade:

a.

Color change;

b.

Texture change;

c.

Building material change; or

d.

Incorporation of a wall plane projection or recession with the plane projection being a minimum of one (1) foot in depth and a minimum height equal to twenty-five (25) percent of the height of the wall.

(2)

Primary entrances to homes shall incorporate a covered front porch, a well-defined, improved and visible walkway to the front door and a minimum of three (3) of the following: building articulation elements as part of any street-facing façade, cornices, overhangs, bay windows, balconies, or other similar architectural features.

(3)

House facades fronting a street right-of-way shall not have an attached garage that exceeds seventy (70) percent of the width of the facade.

(4)

For a home with an attached garage, the garage wall with the garage door shall be recessed or extended at least four (4) feet from the adjoining habitable space wall of the home, unless the garage is accessed from the rear.

(5)

All roofs shall be a hip, gable, or mansard roof with a minimum four-to-twelve (4:12) pitch with twelve (12) inch minimum eaves. Any mansard roof, shall incorporate dormers equal to at least twenty-five (25) percent of the facade area of the roof.

(6)

All parking shall be located at the rear of the lot with alley access.

(7)

All homes shall have a minimum of one (1) dormer.

(8)

Trees. Each lot shall have a minimum of one (1) tree planted by the developer with automatic irrigation in the front yard prior to the approval of final inspection for the home on the lot, except when weather conditions do not allow planting of trees, which may typically occur between November 1 and March 1. If the tree is not planted due to the weather conditions, then it shall be planted either by the developer or homeowner within six (6) months of the approval of the final inspection, and the developer or homeowner shall call for inspection to verify the installation of the tree and associated automatic irrigation.

(9)

For zero lot line developments, attached dwelling units that have attached garages, the common wall between the units shall separate habitable space such that the garages are not adjoining. This option shall not be available for corner lots where the garages are adjoining, but each garage faces a different street.

(10)

No more than three (3) detached homes or four (4) attached zero lot line homes in succession may share the same visual building design. Homes shall differ in at least two (2) of the following four (4) aspects to ensure clear visual distinction:

a.

Building configuration, i.e., size, height, shape, or footprint;

b.

Building orientation or location on the lot;

c.

Street-facing facade color and design; or

d.

Roof design.

(Ord. No. 4433, § 2, 1-9-06; Ord. No. 4755, § 2, 9-9-19; Ord. No. 4835, § 1, 12-20-21; Ord. No. 4935, § 1, 2-24-25)

Purpose. To provide land for lower density residential development with the keeping of livestock as a conditional use.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 4, 7-1-96; Ord. No. 4249, § 13, 10-25-99)

In an R-2A zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this Code;

(2)

Church, subject to the special conditions of section 37-20.1(2) of this Code;

(3)

Class A manufactured home;

(4)

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5)

Family day care, subject to the special conditions of section 37-13.1(2) of this Code;

(6)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a maximum density of nine (9) dwelling units per acre;

(7)

Mortuary, subject to the special conditions of section 37-20.1(1) of this Code;

(8)

Park, subject to the special conditions of section 37-20.1(4) of this Code;

(9)

School, subject to the special conditions of section 37-20.1(3) of this Code;

(10)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(11)

Single-family dwelling;

(12)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a maximum density of nine (9) dwelling units per acre;

(13)

Two-family dwelling.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 14, 10-25-99; Ord. No. 4385, § 5, 2-14-05; Ord. No. 4398, § 8, 1-9-06; Ord. No. 4841, § 6, 11-14-22; Ord. No. 4944, § 7, 7-14-25)

In an R-2A zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in articles IV and IX:

(1)

Repealed by Ord. No. 4742.

(2)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(3)

Group day care, subject to the special conditions of section 37-13.1(3) of this Code;

(4)

Intermediate care facility;

(5)

Keeping of livestock, subject to the standards of sections 37-195 through 37-199 of this Code;

(6)

Long-term care facility;

(7)

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(8)

Multifamily dwelling, meeting the standards of section 37-124.1 of this Code;

(9)

Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this Code;

(10)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(11)

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(12)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(13)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(14)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a density greater than nine (9) dwelling units per acre;

(15)

Small lot development subject to the requirements of section 37-33, standards for small lot development;

(16)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a density greater than nine (9) dwelling units per acre.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 15, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4354, § 2, 3-29-04; Ord. No. 4385, § 6, 2-14-05; Ord. No. 4398, § 9, 1-9-06; Ord. No. 4433, § 3, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 3, 7-13-09; Ord. No. 4656, § 2, 3-28-16; Ord. No. 4676, § 5, 11-28-16; Ord. No. 4742, § 2G, 8-19-19; Ord. No. 4799, § 4, 3-8-21; Ord. No. 4841, § 7, 11-14-22; Ord. No. 4944, § 8, 7-14-25)

In an R-2A zone, the minimum lot size shall be as follows:

(1)

For a single-family dwelling, the minimum lot area shall be seven thousand five hundred (7,500) square feet, subject to sections 32-45(f)(1) and 36-103 of this Code.

(2)

For a two-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet, and connection to a municipal sanitary sewer system must be provided.

(3)

For a multifamily dwelling, the minimum lot area shall be ten thousand (10,000) square feet plus four thousand (4,000) square feet for each dwelling unit over two (2), and connection to a municipal sanitary sewer system must be provided.

(4)

Lot width shall be a minimum of seventy (70) feet.

(5)

Lot depth shall be a minimum of one hundred (100) feet.

(6)

Two-family dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots, provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero-lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero-lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4381, § 2, 1-24-05; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4676, § 6, 11-28-16)

Except as provided in article VIII, in an R-2A zone the minimum yard requirements shall be as follows:

(1)

A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2)

A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3)

A rear yard shall be a minimum of twenty (20) feet.

(Ord. No. 4108, § 2, 8-15-94)

In an R-2A zone buildings shall not cover more than forty (40) percent of the lot.

(Ord. No. 4108, § 2, 8-15-94)

In an R-2A zone, no building shall exceed a height of thirty-five (35) feet.

(Ord. No. 4108, § 2, 8-15-94)

Editor's note— Ord. No. 4216, § 1, adopted August 10, 1998, repealed § 37-41, relative to signs permitted in the R-2A zone, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4656, § 3, 3-28-16; Ord. No. 4676, § 8, 11-28-16)

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4656, § 4, 3-28-16; Ord. No. 4676, § 9, 11-28-16; Ord. No. 4742, § 2H, 8-19-19; Ord. No. 4799, § 5, 3-8-21)

The maximum building height will be thirty-five (35) feet.

(Ord. No. 4589, § 1, 8-27-12)

(a)

Minimum setbacks—Main building.

(1)

Front. Twenty (20) feet from the property line, or thirty (30) feet from face of street curb or, if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line;

(2)

Rear. Twenty (20) feet, or twenty (20) percent of the depth of the lot, whichever is less, but not less than five (5) feet, or three (3) feet if abutting an alley;

(3)

Interior sides. Twelve (12) feet combined with no side less than five (5) feet, except eight (8) feet combined if abutting an alley with three (3) feet on the alley side and five (5) feet on any other interior side;

(4)

Street sides. Ten (10) feet or twenty-five (25) feet from face of street curb or if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line.

(Ord. No. 4589, § 1, 8-27-12)

(a)

For a single-family dwelling, the minimum lot area shall be three thousand two hundred (3,200) square feet.

(b)

For a two-family dwelling, the minimum lot area shall be six thousand four hundred (6,400) square feet.

(c)

For a multifamily dwelling, the minimum lot area shall be six thousand four hundred (6,400) square feet plus an additional two thousand five hundred (2,500) square feet for each dwelling unit over two (2).

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4676, § 10, 11-28-16)

The minimum lot width shall be:

(a)

Forty (40) feet if abutting an alley on either the side or the rear of the lot; or

(b)

Fifty (50) feet if not abutting an alley on either the side or the rear of the lot.

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4839, § 1, 3-14-22)

Sixty (60) feet if abutting an alley on either the side or the rear of the lot; eighty (80) feet if not abutting an alley on either the side or the rear of the lot.

(Ord. No. 4589, § 1, 8-27-12)

Any subdivision of land requiring platting pursuant to chapter 32 of this Code and not being done simply to separate two (2) existing primary uses shall require public hearing and notice as set forth in Idaho Code §§ 67-6509 and 67-6512. Approval or denial of any such subdivision application shall be based upon compliance with the intents, purposes and standards of this chapter, those of chapter 32 of this Code, with the City of Lewiston comprehensive plan and shall be reasoned in accordance with Idaho Code § 67-6536.

(Ord. No. 4589, § 1, 8-27-12)

Sixty (60) percent, including all structures on the lot.

(Ord. No. 4589, § 1, 8-27-12)

(a) Attached and detached buildings accessory to a single-family or two-family dwelling shall be subject to the following, notwithstanding the provisions of section 37-131 of this Code:

(1)

Minimum setbacks. Such building shall be subject to the same requirements as the dwelling, except that detached accessory buildings may be located five (5) feet from a rear lot line or three (3) feet where the rear lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section, and five (5) feet from an interior side lot line or three (3) feet where the side lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section.

(2)

Detached accessory buildings shall not be in front of or project beyond the front wall of the dwelling, unless:

a.

The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley.

b.

The detached accessory building is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side.

(3)

The footprint of any one (1) detached accessory building shall not exceed one hundred (100) percent of the footprint of the dwelling, including any attached garage, carport, or patio cover; or sixty (60) percent of the habitable gross floor area of the dwelling; or seven hundred twenty (720) square feet, whichever is greater, but in no case greater than one thousand four hundred forty (1,440) square feet.

(4)

Detached accessory buildings that encroach into the minimum rear yard setback required for the dwelling shall be limited to sixteen (16) feet in height, unless the minimum five-foot rear yard setback required in subsection (a)(1) of this section is increased at a ratio of two (2) to one (1) for building height in excess of sixteen (16) feet; and provided, that in no case shall the building height exceed eighteen (18) feet, except for a second floor accessory apartment constructed pursuant to section 37-41.11 of this Code.

(b)

Attached and detached buildings accessory to a use other than a single-family or two-family dwelling shall comply with the height and setback standards required for the primary use building.

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4672, § 4, 12-13-16)

Only one (1) accessory apartment, detached from a single-family dwelling, may be constructed in compliance with section 37-131.2 of this Code and:

(1)

An accessory apartment in the Normal Hill North Zone shall provide a minimum of one (1) off-street parking space per bedroom; and

(2)

An accessory apartment in the Normal Hill North Zone shall not be located in front of or project beyond the front wall of the associated single-family dwelling, unless:

a.

The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley; or

b.

It is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side.

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4672, § 5, 12-13-16; Ord. No. 4755, § 3, 9-9-19)

Notwithstanding the provisions of section 37-149 of this Code:

(1)

One-half (0.50) of any public on-street parking located directly adjacent to the subject lot may be counted toward the required off-street parking.

(2)

For uses requiring more than four (4) parking spaces, twenty-five (25) percent of the parking may be for compact vehicles, if such parking stalls are dimensioned at no less than seven and one-half (7.5) feet by fifteen (15) feet with a twenty (20) feet minimum back-up space.

(3)

Residential uses.

a.

Zero (0) to one (1) bedroom unit: One (1) space per unit;

b.

Greater than one (1) bedroom unit: Three-quarters (0.75) of a space per bedroom, rounded up to the nearest whole number;

c.

Housing devoted to persons meeting the U.S. Department of Housing and Urban Development's definition of "elderly": one-half (0.50) space per bedroom, rounded up to the nearest whole number;

d.

Any use other than residential described above: as determined by section 37-149 of this Code.

(Ord. No. 4589, § 1, 8-27-12)

(a)

Nonconforming structures, if destroyed or removed, may be reconstructed in their same location to the same height, notwithstanding setback and building height requirements of this chapter and notwithstanding the provisions of section 37-168 of this Code; provided, that they meet the requirements of the most recently adopted building and fire codes and the replacement has an approved building permit within twelve (12) months of the date of destruction or removal of the nonconforming structure.

(b)

Nonconforming uses of structures or of structures and land in combination may be re-established by conditional use permit approval of the planning and zoning commission, notwithstanding the provisions of section 37-170 of this Code.

(Ord. No. 4589, § 1, 8-27-12; Ord. No. 4656, § 6, 3-28-16)

Editor's note— Ord. No. 4656, § 5, adopted March 28, 2016, repealed § 37-41.13, relative to multifamily residential use in the Normal Hill North Zone, which derived from Ord. No. 4589, § 1, adopted August 27, 2012.

(Ord. No. 4589, § 2, 8-27-12)

(Ord. No. 4589, § 2, 8-27-12)

(Ord. No. 4589, § 2, 8-27-12; Ord. No. 4656, § 7, 3-28-16; Ord. No. 4676, § 12, 11-28-16; Ord. No. 4742, § 2H, 8-19-19; Ord. No. 4799, § 6, 3-8-21)

The maximum building height will be thirty-five (35) feet.

(Ord. No. 4589, § 2, 8-27-12)

(a)

Minimum setbacks—Main building.

(1)

Front. Twenty (20) feet from the property line, or thirty (30) feet from face of street curb or, if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line;

(2)

Rear. Twenty (20) feet or twenty (20) percent of the depth of the lot, whichever is less, but not less than five (5) feet, or three (3) feet if abutting an alley;

(3)

Interior sides. Twelve (12) feet combined with no side less than five (5) feet, except eight (8) feet combined if abutting an alley with three (3) feet on the alley side and five (5) feet on any other interior side;

(4)

Street sides. Ten (10) feet or twenty-five (25) feet from face of street curb or if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line.

(Ord. No. 4589, § 2, 8-27-12)

(a)

For a single-family dwelling, the minimum lot area shall be three thousand two hundred (3,200) square feet.

(b)

For a two-family dwelling, the minimum lot area shall be six thousand four hundred (6,400) square feet.

(c)

For a multifamily dwelling, the minimum lot area shall six thousand four hundred (6,400) square feet plus an additional three thousand (3,000) square feet for each dwelling unit over two (2).

(Ord. No. 4589, § 2, 8-27-12; Ord. No. 4676, § 13, 11-28-16)

The minimum lot width shall be: (a) forty (40) feet if abutting an alley on either the side or the rear of the lot, or (b) fifty (50) feet if not abutting an alley on either the side or the rear of the lot.

(Ord. No. 4589, § 2, 8-27-12; Ord. No. 4839, § 2, 3-14-22)

Sixty (60) feet if abutting an alley on either the side or the rear of the lot; eighty (80) feet if not abutting an alley on either the side or the rear of the lot.

(Ord. No. 4589, § 2, 8-27-12)

Any subdivision of land requiring platting pursuant to chapter 32 of this Code and not being done simply to separate two (2) existing primary uses shall require public hearing and notice as set forth in Idaho Code §§ 67-6509 and 67-6512. Approval or denial of any such subdivision application shall be based upon compliance with the intents, purposes and standards of this chapter, those of chapter 32 of this Code, with the City of Lewiston comprehensive plan and shall be reasoned in accordance with Idaho Code § 67-6536.

(Ord. No. 4589, § 2, 8-27-12)

Sixty (60) percent, including all structures on the lot.

(Ord. No. 4589, § 2, 8-27-12)

(a)

Attached garages and detached buildings accessory to a single-family or two-family dwelling shall be subject to the following, notwithstanding the provisions of section 37-131 of this Code:

(1)

Minimum setbacks. Such building shall be subject to the same requirements as the dwelling, except that detached accessory buildings may be located five (5) feet from a rear lot line or three (3) feet where the rear lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section, and five (5) feet from an interior side lot or three (3) feet where the side lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section.

(2)

Detached accessory buildings shall not be in front of or project beyond the front wall of the dwelling, unless:

a.

The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley.

b.

The detached accessory building is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side.

(3)

The footprint of any one (1) detached accessory building shall not exceed one hundred (100) percent of the footprint of the dwelling, including any attached garage, carport, or patio cover; or sixty (60) percent of the habitable gross floor area of the dwelling; or seven hundred twenty (720) square feet, whichever is greater, but in no case greater than one thousand four hundred forty (1,440) square feet.

(4)

Detached accessory buildings that encroach into the minimum rear yard setback required for the dwelling shall be limited to sixteen (16) feet in height, unless the minimum five-foot rear yard setback required in subsection (a)(1) of this section is increased at a ratio of two (2) to one (1) for building height in excess of sixteen (16) feet; and provided, that in no case shall the building height exceed eighteen (18) feet, except for a second story accessory apartment constructed pursuant to section 37-41A.11 of this Code.

(b)

Attached and detached buildings accessory to a use other than a single-family or two-family dwelling shall comply with the height and setback standards required for the primary use building.

(Ord. No. 4589, § 2, 8-27-12; Ord. No. 4672, § 6, 12-13-16)

Only one (1) accessory apartment, detached from a single-family dwelling, may be constructed in compliance with section 37-131.2 of this Code and:

(1)

An accessory apartment in the Normal Hill South Zone shall provide a minimum of one (1) off-street parking space per bedroom; and

(2)

An accessory apartment in the Normal Hill South Zone shall not be located in front of or project beyond the front wall of the associated single-family dwelling, unless:

a.

The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley; or

b.

It is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side.

(Ord. No. 4589, § 2, 8-27-12; Ord. No. 4672, § 7, 12-13-16; Ord. No. 4755, § 4, 9-9-19)

Notwithstanding the provisions of section 37-149 of this Code:

(1)

One-half (0.50) of any public on-street parking located directly adjacent to the subject lot may be counted toward the required off-street parking.

(2)

For uses requiring more than four (4) parking spaces, twenty-five (25) percent of the parking may be for compact vehicles, if such parking stalls are dimensioned at no less than seven and one-half (7.5) feet by fifteen (15) feet with a twenty-foot minimum back-up space.

(3)

Residential uses.

a.

Zero (0) to one (1) bedroom unit: one (1) space per unit;

b.

Greater than one (1) bedroom unit: three-quarters (0.75) of a space per bedroom, rounded up to the nearest whole number;

c.

Housing devoted to persons meeting the U.S. Department of Housing and Urban Development's definition of "elderly": one-half (0.50) space per bedroom, rounded up to the nearest whole number;

(4)

Any use other than residential described above: as determined by section 37-149 of this Code.

(Ord. No. 4589, § 2, 8-27-12)

(a)

Nonconforming structures, if destroyed or removed, may be reconstructed in their same location to the same height, notwithstanding setback and building height requirements of this chapter and notwithstanding the provisions of section 37-168 of this Code; provided, that they meet the requirements of the most recently adopted building and fire codes and the replacement has an approved building permit within twelve (12) months of the date of destruction or removal of the nonconforming structure.

(b)

Nonconforming uses of structures or of structures and land in combination may be re-established by conditional use permit approval of the planning and zoning commission, notwithstanding the provisions of section 37-170 of this Code.

(Ord. No. 4589, § 2, 8-27-12; Ord. No. 4656, § 9, 3-28-16)

Editor's note— Ord. No. 4656, § 8, adopted March 28, 2016, repealed § 37-41A.13, relative to multifamily residential use in the Normal Hill South Zone, which derived from Ord. No. 4589, § 2, adopted August 27, 2012.

(Ord. No. 4669, § 1, 11-28-16)

(a)

Normal Hill has a very long and important history, as is recognized in the Lewiston Comprehensive Plan and in general by the community at large. The historic nature of the construction, the development pattern, and many of the sites and buildings in the NHHO zoning district contribute to the historic significance and character of the neighborhood. This neighborhood adds to the attractiveness, desirability, and economy of the City of Lewiston.

(b)

It is the intent of this section to preserve and enhance these benefits, encourage investment, improve properties, and increase property values in the neighborhood. It is not the intent of these provisions to deter property owners from maintaining, improving, or upgrading their buildings. Construction and maintenance work subject to this section shall not be denied a certificate of appropriateness (COA) when such work is for replacement of inefficient or failing materials, fixtures, or systems with modernly designed and constructed replacements that duplicate, replicate, or result in substantial conformance with the visual appearance or integrity of a historically significant aspect of the building.

(Ord. No. 4669, § 1, 11-28-16)

(a)

The provisions of this section shall apply to exterior features visible from public rights-of-way, exclusive of alleys, except basement egress windows, of the following:

(1)

Construction of a new building that requires a building permit.

(2)

Reconstruction or improvement of a building where such work requires a building permit and is valued in excess of fifty (50) percent of the building value.

(3)

Addition of more than one hundred twenty (120) square feet to an existing building, where a building permit is required.

(4)

Work proposed that requires a building permit, whether construction, reconstruction, improvement, or an addition on a building:

a.

Originally constructed prior to January 1, 1940; or

b.

Located within one hundred (100) feet of a building that was constructed prior to January 1, 1940.

(b)

No building permit for construction listed above shall be issued for a building located in the NHHO one unless the Lewiston Historic Preservation Commission (HPC) has issued a COA.

(c)

The provisions of this section shall be applicable to property owners who are entities that may otherwise be exempt from city building permits. This section shall apply in addition to the provisions of the underlying zoning of properties in the Normal Hill Heritage Overlay Zone and in addition to other applicable provisions of the City of Lewiston Zoning Code.

(Ord. No. 4669, § 1, 11-28-16; Ord. No. 4837, § 1, 12-20-21)

In accordance with section 37-41B.4 of this Code and subject to section 37-41B.5 of this Code, when considering applications for COAs, the HPC shall apply the following Secretary of Interior's Standards for Rehabilitation (36 CFR Part 67, Historic Preservation Certifications):

(1)

The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property should be avoided.

(2)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(3)

Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved.

(4)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(5)

Deteriorated historic features should be repaired rather than replaced. Where the severity of the deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by physical or pictorial documentary evidence.

(6)

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property, unless such work is for replacement of inefficient or failing materials, fixtures, or systems with modernly designed and constructed replacements that duplicate, replicate, or result in substantial conformance with the visual appearance or integrity of a historically significant aspect of the building. The new work should be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(7)

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(Ord. No. 4669, § 1, 11-28-16)

Subject to section 37-41B.5 of this Code:

(1)

If an application is found to be consistent with factors in sections 37-41B.3(1), (4) and (6) of this Code, then the HPC shall approve the application and issue a COA.

(2)

If an application complies with two (2) factors of sections 37-41B.3(1), (4), and (6) of this Code, then the application must also comply with at least three (3) of the remaining factors of sections 37-41B.3(2), (3), (5), and (7) of this Code to be approved for a COA, unless otherwise justified by the HPC due to special circumstance(s).

(3)

If an application complies with only one (1) factor of sections (1), (4), and (6), or none of them, then the HPC shall deny a COA unless and until the COA is reworked to meet the standards and requirements of this section.

(4)

If an application is filed for a brand new structure that is visible from an adjacent city street, then the HPC shall approve a COA when the construction incorporates architectural features found on surrounding historic buildings, including building massing, window style, roof pitch, and siding materials.

(Ord. No. 4669, § 1, 11-28-16)

(a)

The HPC may impose conditions of approval on a COA that are necessary to bring the work into compliance with section 37-41B.1 of this Code (intent).

(b)

The HPC may make an exception to one or more of the factors of section 37-41B.3 of this Code, provided such exception is justified by special findings, which shall be articulated and documented by the HPC and recorded in the HPC meeting minutes.

(c)

The HPC may grant a COA for improvements, regardless of compliance with factors in section 37-41B.3(1) through (5) of this Code, if the applicant demonstrates the following special circumstances:

(1)

The proposed improvements are necessary for the continued maintenance, safety, or enhanced ingress and egress of the structure; or

(2)

Compliance with this the provisions of this section would require expenditures for materials and other items required to obtain a COA that would exceed the costs that would be incurred without complying with the provisions of this section by twenty (20) percent or more.

(d)

Emergency repairs may be performed without a COA; provided, that it can be proven to the satisfaction of the building official that such repairs were necessitated by an emergency, it was not practical to obtain a COA or building permit before commencement of the repairs, and a building permit is applied for on the following business day. "Emergency repairs" refer to those situations described as such in the International Building Code, International Existing Building Code, and the International Residential Code, as adopted by the City of Lewiston.

(Ord. No. 4669, § 1, 11-28-16)

(a)

An applicant shall submit an application for a COA and supporting documentation to the Lewiston community development department. Documentation may include design drawings, project scope, materials, and other relevant documents to assist the HPC in reviewing the request for a COA.

(b)

Community development staff shall review the applicant's submission and include the request for a COA on the next meeting agenda of the HPC. Community development staff shall also include the applicant's application for a COA and associated materials in the meeting packet to the HPC at least one (1) week prior to the HPC's meeting.

(c)

A quorum of the HPC shall review each application for a COA within fourteen (14) calendar days of receipt of the completed application by community development staff.

(d)

If the HPC determines there is insufficient information to complete a full review of the application for a COA, then the HPC shall deny the application. The application for a COA may be submitted again with the additional information requested by the HPC. In such cases, community development staff shall write a file note and place it in the property file.

(e)

If there is sufficient information to complete a full review of the application for a COA, then a community development staff member shall assist the applicant in presenting to the HPC such information as necessary for the HPC to make an informed decision based on the factors of section 37-41B.3 of this Code.

(f)

The HPC shall deny, approve, or approve with conditions an application for a COA within seven (7) calendar days of reviewing the application. Decisions of the HPC shall be recorded in the meeting minutes of the HPC and shall include specific findings of the HPC based upon sections 37-41B.1 (intent), 37-41B.2 (applicability), and 37-41B.3 (Factors) of this Code. Failure by the HPC to render its decision within the time limits established herein shall constitute approval of the request for a COA.

(g)

No building permit application subject to review under section 37-41B.2 of this Code shall be issued without approval by the HPC of a COA, except as set forth in subsection (f) of this section. Community development staff shall verify compliance with any condition placed upon an approval of a COA by the HPC prior to issuance of a COA or a letter of completion, whichever is applicable.

(h)

Any denial or condition of approval on a COA rendered by the HPC may be appealed by the applicant to the city council pursuant to section 19.5-21(9) of this Code.

(i)

Upon written request, the property owner may request a written takings analysis within twenty-eight (28) days after the city council's decision, pursuant to the Idaho Regulatory Takings Act, Idaho Code § 67-8001, et seq. Such request shall be submitted to the city clerk.

(Ord. No. 4669, § 1, 11-28-16)

(a)

Purpose. To provide land for the development of multifamily dwellings and to provide an orderly transition from more intensive, high density uses to less intensive, lower density uses.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 16, 10-25-99)

In an R-3 zone the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this Code;

(2)

Church, subject to the special conditions of section 37-20.1(2) of this Code;

(3)

Class A manufactured home;

(4)

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5)

Family day care, subject to the special conditions of section 37-13.1(2) of this Code;

(6)

Intermediate term care facility, subject to the special conditions of section 37-44.1(1) of this Code;

(7)

Long-term care facility, subject to the special conditions of section 37-44.1(2) of this Code;

(8)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a maximum density of sixteen (16) dwelling units per acre;

(9)

Mortuary, subject to the special conditions of section 37-20.1(1) of this Code;

(10)

Multifamily dwelling, meeting the standards of section 37-124.1 of this Code;

(11)

Park, subject to the special conditions of section 37-20.1(4) of this Code;

(12)

School, subject to the special conditions of section 37-20.1(3) of this Code;

(13)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(14)

Single-family dwelling;

(15)

Small lot development subject to the requirements of section 37-33, standards for small lot development;

(16)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a maximum density of sixteen (16) dwelling units per acre;

(17)

Two-family dwelling.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 5, 7-1-96; Ord. No. 4249, § 17, 10-25-99; Ord. No. 4385, § 7, 2-14-05; Ord. No. 4386, § 2, 2-14-05; Ord. No. 4433, § 4, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 4, 7-13-09; Ord. No. 4656, § 10, 3-28-16; Ord. No. 4676, § 14, 11-28-16; Ord. No. 4841, § 8, 11-14-22; Ord. No. 4944, § 9, 7-14-25)

In an R-3 Zone the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in articles IV and IX:

(1)

Repealed by Ord. No. 4742.

(2)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(3)

Dormitory, subject to the special conditions of section 37-44.1 of this Code;

(4)

Group day care, subject to the special conditions of section 37-13.1(3) of this Code;

(5)

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(6)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a density greater than sixteen (16) dwelling units per acre;

(7)

Noncommercial kennel, subject to the commercial kennel standards of section 37-163(15) of this Code;

(8)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(9)

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(10)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(11)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(12)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a density greater than sixteen (16) dwelling units per acre.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 18, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 8, 2-14-05; Ord. No. 4386, § 3, 2-14-05; Ord. No. 4531, § 4, 7-13-09; Ord. No. 4742, § 2I, 8-19-19; Ord. No. 4799, § 7, 3-8-21; Ord. No. 4841, § 9, 11-14-22; Ord. No. 4944, § 10, 7-14-25)

(1)

Intermediate care facility.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

Access to the site meets all applicable ordinances.

(c)

The surrounding property will not otherwise be adversely affected.

(2)

Long-term care facility.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

Parking and access to the site meets all applicable ordinances.

(c)

The surrounding property will not otherwise be adversely affected.

(3)

Dormitory.

(a)

Dormitories with twelve (12) occupants or more shall have on-site management.

(b)

Buildings shall be designed with the following security measures:

1.

Interior access to each room;

2.

Controlled access beyond the lobby and to individual floors;

3.

Manager's name and contact information posted in clear view in the lobby.

(c)

Dumpsters shall be located inside the building or placed no closer than fifteen (15) feet from any property line adjacent to residentially zoned property.

(Ord. No. 4249, § 19, 10-25-99; Ord. No. 4386, § 6, 2-14-05)

In an R-3 zone, the minimum lot size shall be as follows:

(1)

Lot area shall be a minimum of six thousand (6,000) square feet plus an additional one thousand five hundred (1,500) square feet for each dwelling unit over one (1).

(2)

Lot width shall be a minimum of fifty (50) feet.

(3)

Lot depth shall be a minimum of eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 4, 7-13-09; Ord. No. 4676, § 15, 11-28-16; Ord. No. 4936, § 1, 1-27-25)

Except as provided in article VIII, in an R-3 zone minimum yard requirements shall be as follows:

(1)

A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2)

A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3)

A rear yard shall be a minimum of twenty (20) feet.

(4)

Side and rear yards shall be increased by one (1) foot for each foot by which a building exceeds a height of thirty-five (35) feet. A front yard shall be increased by one (1) foot for each two (2) feet by which a building exceeds thirty-five (35) feet.

(5)

Two-family dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots, provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero-lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero-lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 16, 11-28-16)

In an R-3 zone, buildings shall not cover more than fifty (50) percent of the lot.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 17, 11-28-16)

In an R-3 zone, no building shall exceed a height of forty-five (45) feet.

(Ord. No. 4108, § 2, 8-15-94)

Editor's note— Ord. No. 4216, § 1, adopted August 10, 1998, repealed § 37-49, relative to signs permitted in the R-3 zone, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

(a)

Purpose. To accommodate a compatible mixture of higher density residential uses with limited options for scattered, small-scale, low-impact neighborhood service businesses. Such areas are generally in proximity to major community facilities, employers, arterials and commercial development and generally serve as transition or buffer zones between major arterials or more intensively developed areas and residential districts.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 20, 10-25-99; Ord. No. 4936, § 2, 1-27-25)

In an R-4 zone the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this Code;

(2)

Church, subject to the special conditions of section 37-20.1(2) of this Code;

(3)

Class A manufactured home;

(4)

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business license;

(5)

Family day care, subject to the special conditions of section 37-13.1(2) of this Code;

(6)

Group day care, subject to the conditions of section 37-13.1(3) of this Code;

(7)

Intermediate care facility, subject to the special conditions of section 37-44.1(1) of this Code;

(8)

Long-term care facility, subject to the special conditions of section 37-44.1(2) of this Code;

(9)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a maximum density of eighteen (18) dwelling units per acre;

(10)

Mortuary, subject to the special conditions of section 37-20.1(1) of this Code;

(11)

Multifamily dwelling, meeting the standards of section 37-124.1 of this Code;

(12)

School, subject to the special conditions of section 37-20.1(3) of this Code;

(13)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(14)

Single-family dwelling;

(15)

Small lot development subject to the requirements of section 37-33 of this Code, standards for small lot development;

(16)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a maximum density of eighteen (18) dwelling units per acre;

(17)

Two-family dwelling.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 6, 7-1-96; Ord. No. 4249, § 21, 10-25-99; Ord. No. 4385, § 9, 2-14-05; Ord. No. 4386, § 4, 2-14-05; Ord. No. 4433, § 5, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4676, § 18, 11-28-16; Ord. No. 4841, § 10, 11-14-22; Ord. No. 4936, § 3, 1-27-25; Ord. No. 4944, § 11, 7-14-25)

In an R-4 zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in articles IV and IX:

(1)

Repealed by Ord. No. 4742.

(2)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(3)

Dormitory, subject to the special conditions of section 37-44.1 of this Code;

(4)

Eating and drinking establishment. Qualification for an eating and drinking establishment in the R-4 zones is contingent upon it being small-scale and neighborhood oriented with no drive-thru service;

(5)

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(6)

[Reserved;]

(7)

Personal service uses;

(8)

Professional offices, except medical, dental, and banking services;

(9)

Other limited commercial uses that are consistent with the purpose of the R-4 zone and are not detrimental to any of the outright permitted uses or other existing conditional uses or to nearby residential uses;

(10)

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(11)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(12)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 22, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 10, 2-14-05; Ord. No. 4386, § 5, 2-14-05; Ord. No. 4531, § 5, 7-13-09; Ord. No. 4742, § 2J, 8-19-19; Ord. No. 4799, § 8, 3-8-21; Ord. No. 4936, § 4, 1-27-25; Ord. No. 4944, § 12, 7-14-25)

In an R-4 zone, the minimum lot size shall be as follows:

(1)

Lot area shall be a minimum of five thousand (5,000) square feet plus an additional one thousand six hundred (1,600) square feet per dwelling unit over one (1).

(2)

Lot width shall be a minimum of fifty (50) feet.

(3)

Lot depth shall be a minimum of eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 5, 7-13-09; Ord. No. 4676, § 19, 11-28-16)

Except as provided in article VIII, in an R-4 zone minimum yard requirements shall be as follows:

(1)

A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2)

A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3)

A rear yard shall be a minimum of twenty (20) feet.

(4)

Side and rear yards shall be increased by one (1) foot for each foot by which a building exceeds a height of thirty-five (35) feet. A front yard shall be increased by one (1) foot for each two (2) feet by which a building exceeds thirty-five (35) feet.

(5)

Two-family dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots, provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero-lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero-lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 20, 11-28-16)

In an R-4 zone, buildings shall not cover more than fifty (50) percent of the lot.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 21, 11-28-16)

In an R-4 zone no building shall exceed a height of fifty (50) feet.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4936, § 5, 1-27-25)

Editor's note— Ord. No. 4216, § 1, adopted August 10, 1998, repealed § 37-57, relative to signs permitted in the R-4 zone, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Purpose. To foster mixed use development of a variety of commercial, industrial and residential uses in North Lewiston, utilizing development standards to protect abutting uses.

(Ord. No. 4283, § 3, 4-9-01)

In the North Lewiston mixed use development (MXD-NL) zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Auto, boat, truck, recreational vehicle rental, sales and service;

(2)

Building supply outlet;

(3)

Business or professional offices;

(4)

Car wash;

(5)

Class A manufactured home;

(6)

Commercial or industrial laundry and dry cleaners;

(7)

Concrete or concrete products manufacturing;

(8)

Eating or drinking establishments;

(9)

Financial institutions;

(10)

Greenhouses and nurseries;

(11)

Heavy equipment sales;

(12)

Heavy equipment service subject to development standards;

(13)

Hotels or motels;

(14)

Industrial parks;

(15)

Keeping of livestock on lots where the predominant use on the property is residential, subject to the standards of sections 37-195 through 37-199 of this Code;

(16)

Manufactured home park, subject to the provisions of chapter 23 of this Code, with a maximum density of eighteen (18) dwelling units per acre;

(17)

Manufacturing, processing, assembly and distribution, except a use specifically listed as a conditional use in an M-1, M-2 or P zone, subject to development standards;

(18)

Office parks;

(19)

Personal services;

(20)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(21)

Recreational vehicle park, subject to the standards of chapter 23 of this Code;

(22)

Retail sales and service;

(23)

Single-family, two-family, or multifamily residential, subject to the lot size requirements of the R-4 higher density residential zone, and multifamily residential shall be subject to the provisions of the standards of section 37-124.1 of this Code;

(24)

Repealed by Ord. No. 4742;

(25)

Tiny house village, subject to the provisions of chapter 23 of this Code, with a maximum density of eighteen (18) dwelling units per acre;

(26)

Truck terminals;

(27)

Veterinary clinic or kennel;

(28)

Warehousing and mini-storage, subject to development standards.

(Ord. No. 4283, § 3, 4-9-01; Ord. No. 4398, § 10, 1-9-06; Ord. No. 4676, § 22, 11-28-16; Ord. No. 4685, § 1, 7-10-17; Ord. No. 4742, § 2K, 8-19-19; Ord. No. 4799, § 9, 3-8-21; Ord. No. 4841, § 11, 11-14-22; Ord. No. 4936, § 6, 1-27-25)

In the MXD-NL Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements of articles IV and IX:

(1)

Semi-public use;

(2)

Wholesale distribution;

(3)

Wood processing plant.

(Ord. No. 4283, § 3, 4-9-01; Ord. No. 4398, § 11, 1-9-06; Ord. No. 4742, § 2K, 8-19-19; Ord. No. 4841, § 13, 11-14-22)

Because of the mixed use nature of this zone, certain uses are expressly prohibited due their potential negative impact on surrounding land uses. These uses include:

(1)

Asphalt plant;

(2)

Meatpacking;

(3)

Feed lot or stockyard;

(4)

All salvage and recycling operations except when incidental to a use permitted outright;

(5)

Solid waste handling facilities;

(6)

Rendering plants;

(7)

Junk yards, salvage yards or auto wrecking yards.

(Ord. No. 4283, § 3, 4-9-01)

In the MXD-NL zone, the minimum lot size shall be as follows:

(1)

A recreational vehicle park shall comply with the minimum lot size set forth in chapter 23 of this Code.

(2)

A residential use shall meet the minimum lot size for an R-4 higher density residential zone, as set forth in section 37-53 of this Code. If a lot is in residential use, or the aggregate of such contiguous lots or parcels platted prior to the time of the effective date of the ordinance codified in section 37-57.1 et seq. of this Code are in residential use and do not meet the requirements of said R-4 higher density residential zone, then such residential use shall be limited to a single-family residential use.

(3)

Other uses shall have no minimum lot size.

(Ord. No. 4283, § 3, 4-9-01; Ord. No. 4685, § 2, 7-10-17)

In the MXD-NL zone, the maximum height of any structure shall not to exceed forty-five (45) feet.

(Ord. No. 4283, § 3, 4-9-01)

Except as provided in article VIII, in the MXD-NL zone the minimum yard requirements shall be as follows:

(1)

Residential uses shall comply with the setback standards established for R-4 higher density residential zone uses as set forth in section 37-54 of this Code.

(2)

Residential accessory buildings shall conform to the requirements of section 37-131 of this Code.

(3)

New or expanded nonresidential structures shall be set back a minimum of fifteen (15) feet from any property line abutting an established residential use.

(4)

Vehicle, equipment and storage yards and customer or employee parking lots established after the effective date of the ordinance codified in section 37-57.1 et seq. of this Code shall be set back a minimum of five (5) feet from any right-of-way line of a public street and a minimum of fifteen (15) feet from any property used for residential purpose. Such uses shall be screened from view by a screen in conformance with the standards itemized in section 37-87(3) of this Code. The required setback from the public right of way for said vehicle, equipment, storage and parking lots shall be landscaped in accordance with standards set forth in section 37-153(b) of this Code.

(5)

No part of a required setback adjacent to an established residential use may be used for off-street parking or loading.

(Ord. No. 4283, § 3, 4-9-01)

In the MXD-NL zone, the standards for development shall be as follows:

(1)

Heating, ventilating, air conditioning units, air compressors and similar mechanical equipment installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this Code shall be located and directed away from adjacent residential uses and those residential uses across a public right-of-way sixty (60) feet in width or less.

(2)

Solid waste handling equipment including compactors and bulky waste disposal units installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this Code shall be placed a minimum of fifteen (15) feet from the property lines abutting established residential uses and those residential uses across a public right-of-way sixty (60) feet in width or less.

(3)

Uses involving the service or repair of heavy equipment established after the effective date of the ordinance codified in section 37-57.1 et seq. of this Code shall take place entirely within an enclosed structure; doors and access to said structure shall be oriented away from any adjacent established residential use.

(4)

Use of loudspeakers and other amplified noise shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m.

(5)

All parking lot development within the North Lewiston Mixed Use Zone (MXD-NL) shall be subject to the standards as set forth in section 37-151(a) of this Code for all parking lot and landscape standards.

(6)

Loading docks constructed or established after the effective date of the ordinance codified in section 37-57.1 et seq. of this Code shall be so located as to prevent headlights from shining onto adjacent existing residential units and shall be placed at least fifteen (15) feet from property lines abutting an established residential use.

(7)

Any land graded for construction of any type, and not built upon within three (3) months of the date of initial clearing, shall be seeded with grasses to minimize dust generation and weed propagation; all such property shall be kept in conformance with chapter 17 of this Code.

(8)

All construction sites shall be controlled to minimize dust generation during construction.

(9)

The property owner or developer shall take appropriate measures to prevent mud and debris from being tracked onto public rights-of-way.

(Ord. No. 4283, § 3, 4-9-01; Ord. No. 4531, § 6, 7-13-09)

In the MXD-NL zone, uses which cause excessive noise or dust, discernible odor at the property line, vibration or electrical disturbance are declared to be nuisances and are prohibited.

(Ord. No. 4283, § 3, 4-9-01)

(a)

Intent of screening. Screening is intended to preserve the enjoyment of residential properties and to minimize disturbances to residents.

(b)

Where screening is required. Visual screening shall be required between abutting uses as follows:

(1)

When a new commercial use is established adjacent to an existing residential use;

(2)

When a new industrial use is established adjacent to an existing residential use;

(3)

When an existing commercial or industrial use constructs a new facility, including, but not limited to, loading docks, parking areas, indoor or outdoor storage facilities, or a building expansion or major remodeling of structures within fifty (50) feet of an established residential use.

(c)

Approved methods to provide required screening.

(1)

Fencing may be used if a minimum of eight (8) feet in height and provides a solid appearance to block the view of the property from adjacent existing residential uses, subject to the provisions of subsection (d) of this section.

(2)

Evergreen vegetation may be used if it is a minimum of six (6) feet in height at the time of planting and is so spaced that it will provide a visual screen within five (5) years of planting, subject to the provisions of subsection (d) of this section.

(3)

Medium shrubbery with an expected maximum height between three (3) feet to six (6) feet may be used in a visual screen only if combined with deciduous shade trees of at least one and one-half-inch caliper at time of planting and an expected total height of at least thirty (30) feet in fifteen (15) years.

(d)

Extent of screening required.

(1)

Required screening shall be contained in a planting strip with a minimum depth of ten (10) feet, located entirely on the property providing the screening and shall consist of screening vegetation or solid fencing or a combination of both and shall contain one (1) one and one-half-inch caliper deciduous tree or one (1) minimum six-foot high evergreen tree for at least every thirty-five (35) linear feet of required screening.

(2)

All required landscaping shall be provided an automatic irrigation system.

(3)

Prior to the issuance of a certificate of occupancy, the developer of the property shall provide an acceptable landscape maintenance plan documenting a minimum three-year maintenance schedule and replacement of required vegetation.

(Ord. No. 4283, § 3, 4-9-01)

Provisions of sections 37-57.7, 37-57.8 and 37-57.10 of this Code, which require setbacks, screening or other standards between a nonresidential use and a residential use, shall apply only when the established use of property is clearly residential in nature as determined by the community development director.

(Ord. No. 4283, § 3, 4-9-01)

Purpose. To permit the establishment of convenience business uses while minimizing their impacts on nearby residential uses. Such zones shall be located along collector and arterial streets.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 23, 10-25-99)

In a C-1 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Car wash, subject to the special conditions of section 37-60.1(1) of this Code;

(2)

Convenience food store;

(3)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(4)

Drugstore;

(5)

Personal service uses;

(6)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(7)

Professional offices;

(8)

Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(9)

Residential uses legally established as of December 31, 2004;

(10)

Service station, subject to the special conditions of section 37-60.1(2) of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 24, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4390, § 1, 2-14-05; Ord. No. 4742, § 2L, 8-19-19)

In a C-1 zone, the following uses and their accessory uses are permitted when authorized in accordance with standards and requirements of articles IV and IX:

(1)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(2)

Other neighborhood commercial services which are not permitted outright but which are consistent with the purpose of the C-1 zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses nor to nearby residential uses;

(3)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(4)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(5)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(6)

A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, article VII, off-street parking and loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 25, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4799, § 10, 3-8-21)

(1)

Car wash.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

Parking and access to the site meets all applicable ordinances.

(c)

Surrounding property will not otherwise be adversely affected.

(d)

Any exterior lighting shall be directed or shrouded so as at not shine onto any adjacent properties.

(e)

Requirements of chapter 24, article II of this Code, noise control and regulation, shall be met.

(f)

If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height or a landscape buffer with an eighty (80) percent opacity rating, shall be installed on the outer perimeter of the lot and extending the full distance of the residential adjacency.

(2)

Service station.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

Parking and access to the site meets all applicable ordinances.

(c)

The surrounding property will not otherwise be adversely affected.

(d)

Any exterior lighting shall be directed or shrouded so as to not shine onto any adjacent properties.

(e)

Requirements of chapter 24, article II of this Code, noise control and regulation shall be met.

(f)

If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height or a landscape buffer with an eighty (80) percent opacity rating, shall be installed on the outer perimeter of the lot and extending the full distance of the residential adjacency.

(Ord. No. 4249, § 26, 10-25-99)

In a C-1 zone, the following development standards shall apply and be in force:

(1)

Maximum combined building footprint of all uses shall not exceed a total square footage of four thousand (4,000) square feet.

(2)

Maximum height for buildings: Thirty-five (35) feet.

(3)

Maximum lot coverage: Fifty-five (55) percent.

(4)

Minimum lot size: None.

(5)

Minimum front yard: Twenty (20) feet (except as provided in article VIII).

(6)

Minimum side yard: None except twenty (20) feet when a property abuts a residential zone (except as provided for in article VIII).

(7)

Minimum rear yard: None except twenty (20) feet when a property abuts a residential zone (except as provided for in article VIII).

(8)

Signs: Signs shall be subject to the sign ordinance of the city.

(9)

Off-street parking: Off-street parking is subject to the requirements provided in article VII.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4920, § 1, 8-26-24)

In a C-1 zone, the following limitations shall apply:

(1)

In considering the plans for a proposed use, the zoning official shall consider the effect of the use on the surrounding residential property and may impose conditions which in his or her judgment are necessary to protect such property from any adverse effects of the proposed use. Such conditions may include but need not be limited to:

(a)

Measures to reduce glare from roofs or siding into nearby residences.

(2)

All activity in connection with a use permitted outright, other than off-street parking or off-street loading, shall be wholly within an enclosed building.

(3)

Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight-obscuring fence, approved landscaping materials or a combination thereof. Such required screening shall be installed prior to the issuance of an occupancy permit.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4382, § 1, 1-24-05; Ord. No. 4531, § 7, 7-13-09)

Purpose: To provide for a protection and expansion area for Lewis-Clark State College and Saint Joseph Regional Medical Center as intended by the related growth and impact area discussions in the Lewiston Comprehensive Plan; to guide the future development of these institutions in a manner that preserves the historic residential character of the larger, surrounding neighborhood; to allow a mix of land uses, including commercial uses consistent and compatible with these two (2) institutions and offering limited commercial services to neighborhood residents; to create a vibrant, campus-like atmosphere for these two (2) institutions; to promote a pedestrian friendly environment; to establish complementary land uses within close proximity to each other; to provide transition and buffering between the differing land uses and development styles that are associated with this institutional zone and neighboring zoning; to provide housing and services for these two (2) institutions such that they may be as compact and self-sustaining as possible within their immediate campus areas.

(Ord. No. 4562, § 1, 8-15-11)

Within the NHMU Zone, the following uses and their accessory uses are permitted outright, subject to any and all other applicable provisions of this chapter:

(1)

Accessory buildings.

a.

Notwithstanding the provisions of section 37-131 of this Code, a building accessory to a college or hospital use, when on property owned by a college or hospital, shall be permitted, even if it is the only building on the lot, subject to the provisions of sections 37-62.4(1), (2), (3), and (4)(b) of this Code;

b.

Notwithstanding the provisions of section 37-131 of this Code, buildings accessory to any use permitted in this zone, other than a college, hospital, single-family residential, or two-family residential use, shall be permitted subject to the provisions of sections 37-62.4(1), (2), (3), and (4)(b) of this Code;

c.

Notwithstanding the provisions of section 37-131 of this Code, buildings accessory to single-family and two-family dwellings shall be permitted subject to the provisions of sections 37-41.10 and 37-41.11 of this Code;

(2)

Arts and cultural centers and related and similar theaters and studios, including dance;

(3)

Barber shops and hair and beauty salons;

(4)

Bed and breakfasts;

(5)

Colleges and adult schools affiliated with Lewis-Clark State College or Saint Joseph Regional Medical Center;

(6)

Commercial uses legally established and which have maintained annually a valid city business license with no lapse greater than one (1) year;

(7)

Copying, printing and mailing services;

(8)

Day care facilities;

(9)

Dormitories, fraternities and sororities;

(10)

Hospitals and clinics, except veterinary clinics and veterinary hospitals;

(11)

Repealed by Ord. 4676;

(12)

Parking lots and parking garages, when in conjunction with and accessory to a new construction project;

(13)

Professional offices providing medical services;

(14)

Single-family, two-family, and multifamily residential.

(Ord. No. 4562, § 1, 8-15-11; Ord. No. 4676, § 23, 11-28-16; Ord. No. 4672, § 8, 12-13-16)

Within the NHMU Zone the following uses and their accessory uses are permitted, subject to approval of a conditional use permit and any and all other applicable provisions of this chapter:

(1)

Repealed by Ord. No. 4742.

(2)

Commercial uses not explicitly listed as uses permitted outright and which are determined to be consistent with the purpose of this zoning district and are not detrimental to any of the outright permitted uses or other existing conditional uses or to nearby residential uses;

(3)

Parking lots and parking garages not associated with and accessory to a new construction project;

(4)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(5)

Restaurants or eating and drinking establishments not exceeding two thousand (2,000) square feet and not including drive-through service windows;

(6)

Retail stores not exceeding three thousand (3,000) square feet, excluding furniture, flooring and building materials stores;

(7)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(8)

Professional offices not providing a medical service.

(Ord. No. 4562, § 1, 8-15-11; Ord. No. 4742, § 2M, 8-19-19; Ord. No. 4799, § 11, 3-8-21)

The following standards shall apply to all new construction and major remodels as defined in chapter 31 of this Code, article I, right-of-way, in the NHMU zoning district:

(1)

Maximum building height. sixty-five (65) feet for college and hospital owned and operated buildings and uses; forty-five (45) feet for all other buildings; however:

a.

For a lot directly abutting (does not includes lands separated by public street right-of-way) any other zone, the building height shall be limited to the maximum building height permitted in the adjacent zone; however;

b.

If the proposed building setback from the property line common between the two (2) zones is increased by two (2) feet for each foot above the maximum building height permitted in the adjacent zone, the proposed building may exceed the maximum allowable height of the adjacent zone. For purposes of this provision, building height shall be measured at the required setback line. This shall be interpreted such that the building may be stepped or sloped upward away from the property line. If the use of the property in the adjacent zone is a public park, a cemetery, or similar open space, then the increased setback is not required.

(2)

Maximum lot coverage. Sixty-five (65) percent.

(3)

Minimum lot size. None, except that residential development shall be subject to the lot size requirements of the higher density residential R-4 zone.

(4)

Minimum yards.

a.

Single-family and duplex residential: fifteen (15) feet from any front yard street right-of-way; fifteen (15) feet rear; five (5) feet sides, except that for a corner lot the street side yard shall be a minimum of ten (10) feet from the street right-of-way.

b.

Any use other than single-family or duplex residential: ten (10) feet from any street right-of-way and five (5) feet from any other property line or fifteen (15) feet if that other property line directly abuts (not including across a street or alley) a single-family or duplex residential use.

(5)

Open Space. Any use other than single-family or duplex residential shall provide a minimum of ten (10) percent of the lot area as improved open space, in addition to any landscape areas otherwise required by this chapter. Such improved open space may be for active or passive recreation or consist solely of landscaping that is above and beyond any minimum landscaping required by this chapter. Improvements, in addition to landscaping, may include, but not be limited to, items for public gathering, enjoyment, or resting, such as benches, tables, chairs, trellises, plazas, gardens, and sculptures.

(6)

Parking. Required off-street parking shall be subject to the provisions of article VII of this chapter; provided, that:

a.

Fifty (50) percent of the on-street parking on the same side of the street(s) as the subject property and within the limits of the street frontage of the subject property shall be counted toward the minimum number of required off-street parking spaces. Any removal of or reduction in the number of subject on-street parking spaces caused by the city or by anyone other than the subject property owner after compliance with this provision has been established for a particular land use shall not be considered as causing the subject land use to be illegal or nonconforming.

b.

For conversion of a single-family to a business which does not require more than four (4) parking stalls, the parking lot standards of article VII of this chapter shall not apply, except for required parking for disabled persons.

c.

For uses other than single-family and two-family residential and which require five (5) or more parking stalls, a maximum of fifty (50) percent of the required parking, not including the fifty (50) percent allowable on-street parking, may be provided between the building and the street. Where compliance with this provision cannot be met due to the subject property having multiple street frontages or where this provision is shown by the applicant to be unachievable, to impose undue hardship, or that it would provide no neighborhood benefit, this provision may be waived by mutual agreement of the community development and public works directors. However, the parking for which this provision is being waived shall be buffered from the street by double the width and number of plantings for perimeter parking lot landscaping required by section 37-153 of this Code and that the interior parking lot landscaping provided be double the percentage of interior parking lot landscaping required by section 37-153 of this Code.

d.

A maximum of twenty-five (25) percent of the required off-street parking may be for compact vehicles (except for single-family dwellings), if such parking stalls are dimensioned at no less than fifteen (15) feet by seven and one-half (7.5) feet with a minimum twenty-foot back-up space.

e.

Parking arrangements which include interior access between required parking for buildings and uses owned or leased by different parties and on separate, adjoining lots shall allow for a reduction of ten (10) percent of the required parking.

f.

Joint use parking, except for single-family and two-family dwellings, established pursuant to the provisions of section 37-146(5) of this Code shall allow for a reduction of thirty (30) percent of the required parking for the proposed use. Parking reduction allowed by this provision shall be ensured by a recorded agreement between the property owners and the city.

g.

Bicycle parking racks shall be provided, except uses which require less than five (5) parking spaces, to accommodate the number of bicycles equivalent to a minimum of five (5) percent of the minimum required vehicular parking spaces, but shall be for not less than one (1) bicycle and not more than ten (10) bicycles. Such bicycle parking racks shall be located for the convenience of users but shall not interfere with any vehicular or pedestrian travel ways, shall not be located in the public right-of-way without an encroachment permit from the department of public works, and shall not be located within any required landscaping area or planting strip.

(7)

Screening. Uses other than single-family and duplex residential which directly abut a single-family or duplex residential use shall provide either:

a.

A minimum three-foot-wide landscape strip with one (1) shade tree (twenty-foot-tall minimum expected mature height with fifteen-foot-wide minimum canopy) or one (1) ornamental tree (any tree less than twenty (20) feet tall and having less than fifteen (15) feet of canopy at maturity) and four (4) shrubs every twenty-five (25) feet; or

b.

A minimum six-foot-tall sight-obscuring fence or hedgerow with one (1) shade tree (twenty-foot-tall minimum expected mature height with fifteen-foot-wide minimum canopy) every thirty-five (35) feet.

c.

Shrubbery shall not be required where there is sight-obscuring fencing or hedgerow.

d.

These provisions may be satisfied or partially satisfied utilizing existing screening either on the site of the proposed development or on the neighboring property; provided, that such screening satisfy the intent and effect of this provision and is mutually agreed upon by the owners of the two (2) properties.

e.

Plantings and fencing shall be maintained so as not to be a hazard to person or property.

f.

The screening required by this section may be modified upon submission to the city of a signed and dated written agreement between the owners of the two (2) properties.

(8)

Noise. Noise generating, mechanical and electrical equipment (including rooftop equipment but not including meters or panels) for all uses shall be enclosed, muffled, designed, installed, and/or located so as not to violate the provisions of chapter 24 of this Code, article II, noise control and regulation, and, except for single-family and two-family residential uses, shall be screened or located so as not to be visible from a public street or sidewalk.

(9)

Street buffers. Street buffers consisting of trees and turf or trees and decorative rock, such as river rock or lava rock (not including gravel), shall be provided along all streets between the sidewalk and the street. Tree species shall be approved by the city forester.

(10)

Building facades. For all uses, building facades which face a street shall include exterior wall window and door openings equal to a minimum of twenty-five (25) percent of the area of the facade.

(11)

Signs. Signs in the Normal Hill Mixed Use Zoning District shall be regulated in the same manner as signs in the local commercial (C-1) zone, as set forth in chapter 30 of this Code. For purposes of this section, sign shall have the same meaning as defined in chapter 30 of this Code.

(Ord. No. 4562, § 1, 8-15-11; Ord. No. 4676, § 24, 11-28-16; Ord. No. 4692, § 12, 10-30-17)

(a)

Purpose. To encourage the development of facilities for the traveling public and conventions in locations readily accessible from principal and minor arterials and major through highways.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 27, 10-25-99)

In a C-2 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Car wash, subject to the special conditions of section 37-60.1(1) of this Code;

(2)

Commercial marina;

(3)

Commercial entertainment facility;

(4)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(5)

Eating or drinking establishment;

(6)

Motel/hotel;

(7)

Personal service uses;

(8)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(9)

Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(10)

Recreational vehicle park when in conformance with chapter 23 of this Code;

(11)

Residential uses legally established as of December 31, 2004;

(12)

Retail sales and service;

(13)

Service station, subject to the special conditions of section 37-60.1(2) of this Code;

(14)

Repealed by Ord. No. 4742.

(15)

Repealed by Ord. No. 4742.

(16)

Church.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 28, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4390, § 2, 2-14-05; Ord. No. 4398, § 12, 1-9-06; Ord. No. 4531, § 8, 7-13-09: Ord. No. 4742, § 2N, 8-19-19)

In a C-2 zone the following uses and their accessory uses are permitted when authorized in accordance with standards and requirements of articles IV and IX:

(1)

Multifamily residential;

(2)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(3)

Other tourist oriented uses which are not permitted outright but which are consistent with the purpose of the C-2 zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(4)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(5)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(6)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(7)

A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, article VII, off-street parking and loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 29, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4799, § 12, 3-8-21)

In a C-2 zone the following development standards shall apply and be in force:

(1)

Maximum height for buildings. None except thirty-five (35) feet when on a lot abutting a residential zone.

(2)

Maximum lot coverage. None.

(3)

Minimum lot size. None.

(4)

Minimum front yard. None.

(5)

Minimum side yard. None except fifteen (15) feet when a property abuts a residential zone.

(6)

Minimum rear yard. None except fifteen (15) feet when a property abuts a residential zone.

(7)

Signs. Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8)

Off-street parking. Off-street parking shall be subject to the requirements enumerated in article VII.

(9)

[Reserved.]

(10)

Minimum screening. Side or rear yards abutting residential zones shall be screened by means of a sight obscuring fence, approved landscaping materials or a combination thereof. Such required screening shall be installed prior to the issuance of an occupancy permit.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4920, § 2, 8-26-24)

Purpose. To provide for development of commercial and service uses designed to serve community wide needs. Such areas shall provide for uses which because of size, operating characteristics, or need for major street accessibility, may not be suitable in the central business district or local commercial areas. Provisions of this zone shall ensure compatibility of design with any adjacent residential development.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 30, 10-25-99)

In a C-3 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Auto, boat, manufactured home, recreational vehicle sales and service;

(2)

Car wash, subject to the special conditions of section 37-60.1(1) of this Code;

(3)

Commercial entertainment facility, subject to the special conditions of section 37-69.1(3) of this Code;

(4)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(5)

Drinking establishments;

(6)

Eating establishments;

(7)

Financial institutions;

(8)

Mini-storage, subject to the special conditions of section 37-69.1(1) of this Code;

(9)

Personal services;

(10)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(11)

Professional and business offices;

(12)

Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(13)

Residential uses legally established as of December 31, 2004;

(14)

Retail sales and services;

(15)

Service station, subject to the special conditions of section 37-60.1(2) of this Code;

(16)

Small animal hospital, clinic or kennel, subject to the special conditions of section 37-69.1(2) of this Code;

(17)

Repealed by Ord. No. 4742.

(18)

Repealed by Ord. No. 4742.

(19)

Repealed by Ord. No. 4753.

(20)

Church.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 31, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 3, 2-14-05; Ord. No. 4531, § 8, 7-13-09; Ord. No. 4742, § 2O, 8-19-19; Ord. No. 4753, § 3, 12-14-19)

In a C-3 zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements of articles IV and IX:

(1)

Other public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(2)

Other semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(3)

Other limited commercial uses which are not permitted outright but which are consistent with the purpose of the C-3 zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(4)

Recreational vehicle park, subject to the provisions of chapter 23, article II of this Code;

(5)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(6)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(7)

A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, article VII, off-street parking and loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 32, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4698, § 16, 10-30-17; Ord. No. 4753, § 4, 12-14-19; Ord. No. 4799, § 13, 3-8-21)

(1)

Mini-storage. Where a mini-storage complex abuts a residential use, the portion of the site abutting the residential use shall be fenced and/or landscaped. The underlying zoning, parking and landscaping standards shall determine the extent to which landscaping and fencing is required.

(a)

Where a mini-storage complex abuts a commercial zone, outdoor storage areas must be fenced along the perimeter of the outdoor storage area with a sight-obscuring fence.

(b)

Asphalt or Portland cement paving shall be required on all areas designated for vehicular movement, on- or off-loading, or parking.

(c)

On-site area for on- and off-loading of vehicles shall be provided so that such operations do not take place on or interfere with public right-of-way.

(d)

Exterior security lighting shall be provided.

(2)

Small animal hospital, clinic or kennel.

(a)

The floor of an indoor kennel shall be made or covered with a durable, impervious surface sloped to a floor drain to allow the area to be cleaned and disinfected.

(b)

The outdoor dog runs shall be enclosed with fences or walls of a minimum of eight (8) feet in height.

(c)

All laws applicable to the public health shall be complied with for the entire period of the operation of the kennel.

(d)

Outdoor kennels, play yards or pens associated with the kennel shall be located only in the side or rear yard and shall be set back one hundred (100) feet from any residentially zoned property.

(e)

A minimum ten-foot-wide landscaped buffer shall be installed along any side or rear property line adjacent to residentially zoned property. Landscaping shall consist of one (1) one and one-half (1½) inch caliper deciduous tree or one (1) six-foot evergreen tree and five (5) one-gallon shrubs per thirty-five (35) linear feet.

(3)

Commercial entertainment facility.

(a)

The size of the site is shown to be reasonable for the intended use.

(b)

Parking and access to the site meets all applicable ordinances.

(c)

The surrounding property will not otherwise be adversely affected.

(d)

Any exterior lighting shall be directed or shrouded so as to not shine onto any adjacent properties.

(e)

Requirements of chapter 24, article II of this Code, noise control and regulation, shall be met.

(f)

If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height, or a landscape buffer with a minimum eighty (80) percent opacity rating shall be installed on the perimeter of the portion of the lot abutting the residential use.

(Ord. No. 4249, § 33, 10-25-99; Ord. No. 4399, § 1, 7-11-2005; Ord. No. 4440, § 2, 8-14-06)

In a C-3 zone, the following development standards shall apply and be in force:

(1)

Maximum height for buildings. Forty-five (45) feet.

(2)

Maximum lot coverage. None.

(3)

Minimum lot size. None.

(4)

Minimum front yard. Twenty (20) feet measured from the front property line or forty-five (45) feet from the center line of the street, whichever is greater.

(5)

Minimum side yard. None except fifteen (15) feet when a property abuts a residential zone.

(6)

Minimum rear yard. None except fifteen (15) feet when a property abuts a residential zone.

(7)

Signs. Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8)

Off-street parking. Off-street parking shall be subject to the requirements enumerated in article VII.

(9)

Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight obscuring fence or approved landscaping materials. Such screening shall be installed prior to the issuance of a certificate of occupancy.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4920, § 3, 8-26-24)

Editor's note— Ord. No. 4249, § 33, adopted October 25, 1999, added a new section § 37-69.1. This section has been editorially renumbered to avoid duplication.

(a)

Purpose. To provide areas to serve the city and regional needs for commercial goods and services. Such areas shall be compatible with adjacent residential development.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 34, 10-25-99)

In a C-4 zone the following uses and their accessory uses are permitted outright subject to the standards of article IV:

(1)

Auto, boat, manufactured home, recreational vehicle, heavy equipment sales and service;

(2)

Building supply outlet;

(3)

Business or professional offices;

(4)

Car wash, subject to the special conditions of section 37-60.1(1) of this Code;

(5)

Commercial entertainment facility, subject to the special conditions of section 37-69.1(3) of this Code;

(6)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(7)

Eating or drinking establishment;

(8)

Financial institutions;

(9)

Greenhouses and nurseries;

(10)

Laundry and dry cleaners;

(11)

Mini-storage, subject to the special conditions of section 37-69.1(1) of this Code;

(12)

Mortuary;

(13)

Motel/hotel;

(14)

Multifamily residential uses not on the ground floor of a building;

(15)

Personal services;

(16)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(17)

Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(18)

Residential uses legally established as of December 31, 2004;

(19)

Retail sales and service;

(20)

Service station, subject to the special conditions of section 37-60.1(2) of this Code;

(21)

Repealed by Ord. No. 4742.

(22)

Repealed by Ord. No. 4742.

(23)

Repealed by Ord. No. 4753.

(24)

Veterinary clinic or kennel, subject to the special conditions of section 37-69.1(2) of this Code;

(25)

Recreational vehicle park, subject to the provisions of chapter 23, article II of this Code;

(26)

Church.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 35, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 4, 2-14-05; Ord. No. 4398, § 13, 1-9-06; Ord. No. 4531, § 8, 7-13-09; Ord. No. 4698, § 17, 10-30-17; Ord. No. 4742, § 2P, 8-19-19; Ord. No. 4753, § 5, 12-14-19)

In a C-4 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Tire recapping;

(2)

Truck terminal;

(3)

Multifamily residential when located on the ground floor of a structure;

(4)

Wholesale warehouse;

(5)

Adult bookstore;

(6)

Adult theaters;

(7)

Adult entertainment facility;

(8)

Other public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(9)

Other semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(10)

Repealed by Ord. No. 4753.

(11)

Homeless shelter, subject to the standards of section 37-125 of this Code;

(12)

Other general commercial uses which are not permitted outright but which are consistent with the purpose of the C-4 zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses or to nearby residential uses;

(13)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(14)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(15)

A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, article VII, off-street parking and loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only;

(16)

Bridge housing shelter, subject to the standards of section 37-125 of this Code;

(17)

Transitional housing village, subject to the provisions of chapter 42 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 36, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4689, § 4, 4-24-17; Ord. No. 4753, § 6, 12-14-19; Ord. No. 4799, § 14, 3-8-21; Ord. No. 4838, § 2, 12-13-21; Ord. No. 4841, § 13, 11-14-22)

In a C-4 zone, the following development standards shall apply and be in force:

(1)

Maximum height for buildings. Sixty (60) feet.

(2)

Maximum lot coverage. None.

(3)

Minimum lot size. None.

(4)

Minimum front yard. None except property abutting Thain Road shall have a twenty-foot minimum.

(5)

Minimum side yard. None except fifteen (15) feet when a property abuts a residential zone.

(6)

Minimum rear yard. None except fifteen (15) feet when a property abuts a residential zone.

(7)

Signs. Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8)

Off-street parking. Off-street parking shall be subject to the requirements enumerated in article VII.

(9)

Minimum screening. Side or rear yards abutting residential zones shall be screened by means of a sight obscuring fence or approved landscaping materials. Such screening shall be installed prior to the issuance of an occupancy permit.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4920, § 4, 8-26-24)

The purpose of the temporary conditional use in a C-4 zone is to enable a better temporary use of certain existing structures to ease their transition from certain light industrial uses to general commercial uses in compliance with the goals and purposes of the comprehensive plan of the City of Lewiston.

In a C-4 zone, the temporary conditional uses of fabricating and assembly operations may be permitted only if the following conditions have been met:

(1)

The use shall only apply to existing structures and shall be compatible with the existing structures on the subject property. No exterior construction which substantially alters the existing structure shall be permitted by the grant of this conditional use and the building must be inspected by a building official.

(2)

For the purposes of this section, an existing structure is one that was constructed prior to January 1, 1981.

(3)

The use shall be compatible with all uses in existence within the surrounding area in that it will not create an adverse impact on traffic, noise levels, fire safety standards, clean air standards, water purity standards or detract from the nature and character of the surrounding uses.

(4)

The temporary conditional use shall not be granted outright and shall be strictly controlled, subject to such conditions as may be directed by the commission or the council to insure that the use shall be compatible as set forth in subsection (3) herein.

(5)

The temporary conditional use shall be granted only after following the same procedure for conditional uses in accordance with articles IV and IX.

(6)

The allowance of a temporary conditional use shall not grant the applicant any permanent rights in the use of the property. The temporary conditional use shall automatically terminate upon the expiration of a period of time to be set by the commission or the council which period of time shall in no event exceed five (5) years. Nothing shall prevent the holder of a temporary conditional use from applying for a new temporary conditional use for the same or similar purposes at, near or after the expiration date of a temporary conditional use granted pursuant to this section. Such an application shall be treated in all respects as a new application.

(7)

In any hearing concerning the allowance of a temporary conditional use pursuant to this section, the commission or the council shall consider and make findings and conclusions concerning the following:

a.

Specific findings with respect to subsections (1) through (6) of this section; and

b.

The nature and extent of the temporary conditional use shall be specifically set forth by the commission and the council and no implied use shall arise therefrom; and

c.

That the trend of the use of the area to general commercial use will not be impeded by the length of time for which the temporary conditional use is allowed.

(Ord. No. 4108, § 2, 8-15-94)

Purpose. To provide a mix of uses within the central business district for a wide variety of goods, services and compatible multifamily housing. Development shall provide access to adequate parking for uses that normally rely heavily on pedestrian circulation. Such areas should be compatible with adjacent noncommercial development.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 37, 10-25-99)

In a C-5 zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of article IV:

(1)

Business or professional office;

(2)

Commercial entertainment - indoors and outdoors;

(3)

Convention center;

(4)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(5)

Eating or drinking establishment;

(6)

Financial institutions;

(7)

Hotel;

(8)

Multifamily residential uses not on the ground floor of a building;

(9)

Personal use;

(10)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(11)

Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(12)

Residential uses legally established as of December 31, 2004;

(13)

Retail sales and service;

(14)

Repealed by Ord. No. 4742.

(15)

Repealed by Ord. No. 4742.

(16)

Repealed by Ord. No. 4753.

(17)

Theater;

(18)

Winery, brewery;

(19)

Church.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 38, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 5, 2-14-05; Ord. No. 4508, § 1, 7-14-08; Ord. No. 4531, § 8, 7-13-09; Ord. No. 4742, § 2Q, 8-19-19; Ord. No. 4753, § 7, 12-14-19)

In a C-5 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Automobile, recreational vehicle sales and service;

(2)

Multifamily residential when located on the ground floor of a building;

(3)

Other public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(4)

Other semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(5)

Printing establishments;

(6)

Processing, packing and storage;

(7)

Recycle center;

(8)

Service station, subject to the special conditions of section 37-60.1(2) of this Code;

(9)

Repealed by Ord. No. 4753.

(10)

Warehousing;

(11)

Welding fabrication;

(12)

Other central commercial uses which are not permitted outright but which are consistent with the purpose of the C-5 zone, and are not detrimental to any of the outright permitted uses or any other existing conditional uses or to nearby residential uses;

(13)

Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this Code;

(14)

Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(15)

A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, article VII, off-street parking and loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 39, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4508, § 2, 7-14-08; Ord. No. 4753, § 8, 12-14-19; Ord. No. 4799, § 15, 3-8-21)

In a C-5 zone, the following development standards shall apply and be in force:

(1)

Maximum height for buildings. None.

(2)

Maximum lot coverage. None.

(3)

Minimum lot size. None.

(4)

Minimum front yard. None.

(5)

Minimum side yard. None.

(6)

Minimum rear yard. None.

(7)

Signs. Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8)

Off-street parking. Off-street parking shall be subject to the requirements enumerated in article VII.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4920, § 5, 8-26-24)

Purpose. To encourage the establishment of areas for varied types of commercial uses and to meet the needs of the regional market area. Such uses shall be readily accessible from streets designated as principal or minor arterials as shown in the Lewiston Comprehensive Transportation Plan.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 40, 10-25-99)

In a C-6 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Auto, boat, manufactured home, recreational vehicle sales and service;

(2)

Eating and drinking establishments;

(3)

Financial institutions;

(4)

Hotel/motel;

(5)

Car wash, subject to the special conditions of section 37-60.1(1) of this Code;

(6)

Commercial entertainment facility, subject to the special conditions of section 37-69.1(3) of this Code;

(7)

Day care center, subject to the special conditions of section 37-20.1(5) of this Code;

(8)

Mini-storage, subject to the special conditions of section 37-69.1(1) of this Code;

(9)

Personal services;

(10)

Preschool, subject to the special conditions of section 37-20.1(6) of this Code;

(11)

Professional and business offices;

(12)

Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(13)

Residential uses legally established as of December 31, 2004;

(14)

Retail sales and services;

(15)

Service station, subject to the special conditions of section 37-60.1(2) of this Code;

(16)

Small animal hospital, clinic or kennel, subject to the special conditions of section 37-69.1(2) of this Code;

(17)

Repealed by Ord. No. 4742.

(18)

Repealed by Ord. No. 4742.

(19)

Repealed by Ord. No. 4753.

(20)

Recreational vehicle park, subject to the standards of chapter 23 of this Code;

(21)

Church.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 41, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 6, 2-14-05; Ord. No. 4398, § 14, 1-9-06; Ord. No. 4531, § 8, 7-13-09; Ord. No. 4742, § 2R, 8-19-19; Ord. No. 4753, § 9, 12-14-19)

In a C-6 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(2)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(3)

Other limited arterial commercial uses which are not permitted outright but which are consistent with the purpose of the C-6 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(4)

Homeless shelter, subject to the standards of section 37-125 of this Code;

(5)

Bridge housing shelter, subject to the standards of section 37-125 of this Code;

(6)

Transitional housing village, subject to the provisions of chapter 42 of this Code;

(7)

Multifamily residential uses not on the ground floor of a building.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 42, 10-25-99; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4689, § 5, 4-24-17; Ord. No. 4753, § 10, 12-14-19; Ord. No. 4799, § 16, 3-8-21; Ord. No. 4838, § 3, 12-13-21; Ord. No. 4841, § 14, 11-14-22; Ord. No. 4936, § 8, 1-27-25)

In a C-6 zone, the following development standards shall apply and be in force:

(1)

Maximum height for buildings. None except forty-five (45) feet when a building on a lot abuts a residential zone.

(2)

Maximum lot coverage. None.

(3)

Minimum lot size. None.

(4)

Minimum front yard. When fronting on an urban arterial street as defined by the general street plan of the city, the minimum front yard shall be a minimum of forty (40) feet if the adjoining right-of-way is less than eighty (80) feet wide and a minimum of twenty (20) feet if the adjoining right-of-way is eighty (80) or more feet wide. When fronting on other streets shall be a minimum of twenty (20) feet measured from the front of the property line or forty-five (45) feet from the center line of the street, whichever is greater.

(5)

Minimum side yard. None except fifteen (15) feet when a property abuts a residential zone.

(6)

Minimum rear yard. None except fifteen (15) feet when a property abuts a residential zone.

(7)

Signs. Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8)

Off-street parking. Off-street parking shall be subject to the requirements enumerated in article VII.

(9)

Minimum screening. Side or rear yards abutting residential zones shall be screened by means of a sight-obscuring fence or approved landscaping materials. Such screening shall be installed prior to the issuance of a certificate of occupancy.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 9, 7-13-09; Ord. No. 4920, § 6, 8-26-24)

Purpose: To provide for light manufacturing, processing, storage, warehousing, distribution and commercial uses subject to stated standards. To provide for necessary community uses that are not appropriate in residential districts. Regulations are intended to prevent friction between uses in the zone and also to protect nearby residential districts.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 43, 10-25-99; Ord. No. 4689, § 6, 4-24-17)

In an M-1 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Auto, manufactured home, recreational vehicle, heavy equipment sales and service;

(2)

Boat sales and marina;

(3)

Commercial entertainment facility - indoor;

(4)

Commercial or industrial laundry;

(5)

Eating or drinking establishment;

(6)

General contracting and storage yard;

(7)

Greenhouses and nurseries;

(8)

Manufacturing, fabricating, processing, repairing, packing or storage, except a use specifically listed as a use permitted outright or as a conditional use in an M-2 zone;

(9)

Mini-storage;

(10)

Port facility;

(11)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(13)

Retail sales and service;

(14)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(15)

Service station;

(16)

Tire recapping;

(17)

Truck terminal;

(18)

Veterinary clinic or kennel;

(19)

Wholesale distribution.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. § 44, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 1, 2-14-05; Ord. No. 4742, § 2S, 8-19-19; Ord. No. 4753, § 11, 12-14-19; Ord. No. 4799, § 17, 3-8-21)

In an M-1 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Bulk petroleum storage and distribution facilities;

(2)

Commercial entertainment facility - outdoor;

(3)

Grain storage;

(4)

Homeless shelter, subject to the standards of section 37-125 of this Code;

(5)

Other light manufacturing uses which are not permitted outright but which are consistent with the purpose of the M-1 zone and are not detrimental to any of the outright permitted uses or other existing conditional uses or to nearby residential uses;

(6)

Other public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(7)

Other semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(8)

Quarrying;

(9)

Bridge housing shelter, subject to the standards of section 37-125 of this Code;

(10)

Transitional housing village, subject to the provisions of chapter 42 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 45, 10-25-99; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 2, 2-14-05; Ord. No. 4689, § 7, 4-24-17; Ord. No. 4753, § 12, 12-14-19; Ord. No. 4799, § 18, 3-8-21; Ord. No. 4838, § 4, 12-13-2; Ord. No. 4841, § 15, 11-14-22)

In an M-1 zone the following limitations on use shall apply:

(1)

Any use which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited.

(2)

Materials shall be stored, and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

(3)

All service, processing and storage on property abutting or facing a residential zone or a through highway shall be wholly within an enclosed building or screened from view from the residential zone or a through highway by a permanently maintained, sight obscuring fence at least eight (8) feet high, approved landscaping material or a combination thereof.

(4)

Access from a public street to properties in an M-1 zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets.

(5)

Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect the use or value of the adjacent property.

(6)

Effluent from permitted uses cannot be returned to the rivers without prior treatment or processing to ensure compliance with state and federal water pollution control standards and city ordinances.

(7)

Multifamily residential uses not on the ground floor of a building.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4936, § 8, 1-27-25)

In an M-1 zone a side yard or rear yard abutting a residential zone shall be a minimum of twenty-five (25) feet. Said required yard shall be screened by means of a sight obscuring fence, approved landscaping materials or a combination thereof. Such required screening shall be installed prior to the issuance of an occupancy permit.

(Ord. No. 4108, § 2, 8-15-94)

Purpose: To provide for general manufacturing and closely related uses. Limitations on use for this zone are intended to provide protection principally against effects harmful to other zones. To provide for necessary community uses that are not appropriate in residential districts.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 46, 10-25-99; Ord. No. 4689, § 8, 4-24-17)

In an M-2 zone, the following uses and their accessory uses are permitted outright subject to the provisions of article IV:

(1)

Auto, manufactured home, recreational vehicle, heavy equipment sales and service;

(2)

Boat sales and marina;

(3)

Chemical and fertilizer storage and blending of fertilizers;

(4)

Commercial entertainment facility - indoor;

(5)

Commercial or industrial laundry;

(6)

Concrete or concrete products manufacturing;

(7)

General contracting and storage yard;

(8)

Grain storage;

(9)

Greenhouses and nursery;

(10)

Manufacturing, fabricating, processing, repairing, packing or storage except a use specifically listed as a conditional use in the P Zone;

(11)

Mini-storage;

(12)

Petroleum products storage or distribution facility;

(13)

Port facility;

(14)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(15)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(16)

Recycling center;

(17)

Retail sales and service;

(18)

Service station;

(19)

Tire recapping;

(20)

Truck terminal;

(21)

Veterinary clinic or kennel;

(22)

Wholesale distribution;

(23)

Wood processing plant.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 47, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 3, 2-14-05; Ord. No. 4742, § 2T, 8-19-19; Ord. No. 4753, § 13, 12-14-19; Ord. No. 4799, § 19, 3-8-21)

In an M-2 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Asphalt plant;

(2)

Cement manufacturing;

(3)

Chemical storage and manufacturing, including farm fertilizers;

(4)

Commercial entertainment facility - outdoor;

(5)

Feed lot or stockyard;

(6)

Heliport;

(7)

Homeless shelter, subject to the standards of section 37-125 of this Code;

(8)

Meat packing plant excepting stockyards;

(9)

Other public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(10)

Other semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(11)

Repealed by Ord. No. 4753.

(12)

Wrecking yard;

(13)

Other general manufacturing uses that are not permitted outright, but that are consistent with the purpose of the M-2 zone and are not detrimental to any of the outright permitted uses or other existing conditional uses or to nearby residential uses;

(14)

Bridge housing shelter, subject to the standards of section 37-125 of this Code;

(15)

Transitional housing village, subject to the provisions of chapter 42 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 48, 10-25-99; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 4, 2-14-05; Ord. No. 4689, § 9, 4-24-17; Ord. No. 4753, § 14, 12-14-19; Ord. No. 4799, § 20, 3-8-21; Ord. No. 4838, § 5, 12-13-21; Ord. No. 4841, § 16, 11-14-22)

In an M-2 zone the following limitations on use shall apply:

(1)

Any use which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited.

(2)

Materials shall be stored, and grounds maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

(3)

All service, processing and storage on property abutting or facing a residential zone or a through highway shall be wholly within an enclosed building or screened from view from the residential zone or a through highway by a permanently maintained, sight obscuring fence at least eight (8) feet high, approved landscaping material or a combination thereof.

(4)

Access from a public street to properties in an M-2 zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets.

(5)

Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect the use or value of the adjacent property.

(6)

Effluent from permitted uses cannot be returned to the rivers without prior treatment or processing to ensure compliance with existing city ordinances, state and federal water pollution control standards.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Intents and purposes. The City of Lewiston recognizes the value of the Clearwater and Snake Rivers as assets to the community and aspires to be the premier small-town waterfront city; facilitate the enhancement of the waterfront as a recreational, social, and economic activity center; and enhance the vitality of beautiful, downtown Lewiston. The intents and purposes of the FIB zone are to maximize the intensity of use and the value of lands within its boundaries; to create a pedestrian priority environment; to create a visually interesting and appealing atmosphere; to prioritize land uses and building forms that contribute the most qualities toward achievement of these purposes, without unduly limiting use of private property; and to implement goals and objectives set forth in Chapter 12-3 of the Lewiston Comprehensive Plan (the Lewiston Waterfront Plan), as follows:

(1)

Establish land use patterns along the rivers which maximize the potential of the rivers by increasing uses which create more outdoor recreation and pedestrian activity along the waterfront and which create a pleasing, enjoyable environment.

(2)

Improve the attractiveness and sense of place of the built environment on public and private properties and to preserve and enhance views of the rivers and related open spaces and bridges.

(3)

Improve Levee Trail and river access.

(4)

Establish a mixed-use downtown waterfront zoning district to encourage land uses that promote enjoyment of the rivers; are complementary to beautiful, downtown Lewiston; and include a residential component. The FIB zone is intended to bring higher concentrations of residents, workers, and visitors expected to frequent restaurant, retail, recreation, and entertainment businesses and facilities in the immediate area.

(5)

Improve the sense of place, connectivity, and visual appearance of the built environment.

(6)

Establish zoning development standards and incentive options to improve community design. The intent is to focus design of new construction and reconstruction, pedestrian-friendliness, and a visually welcoming environment, including consideration of such things as, but not limited to:

a.

Building materials, architecture, bulk, height, scale, setbacks, and orientation on the lot;

b.

Historic preservation and enhancement;

c.

Public and private pedestrian and bicycle amenities and improvements, including wayfinding, that improve nonmotorized access to the rivers and to adjoining public and private facilities;

d.

Parking lot size, orientation on the lot, and related landscaping;

e.

Landscape buffering between potentially incompatible uses or uses of substantially different intensity and landscaping simply as a beautification;

f.

Formal and informal social gathering or resting areas;

g.

View-shed and view corridor preservation and provision of river-view vantage stations/points;

h.

Public artwork;

i.

Burial of existing overhead utilities and of new utilities;

j.

Reduced stormwater run-off amounts and/or rates; and

k.

Increased stormwater run-off quality.

(7)

Establish zoning and development incentives for provision of social and public gathering or resting spaces and amenities in new development and redevelopment.

(8)

Reduce the amount of off-street parking required by the Lewiston City Code to encourage higher intensity land use and development and a pedestrian-oriented, destination environment.

(Ord. No. 4725, § 2, 11-26-18; Ord. No. 4862, § 1, 1-23-23)

Compliance with the provisions and requirements of the FIB zone shall be determined by the community development department, utilizing the stated intents and purposes of the FIB zone. A final decision of the community development department may be appealed by an affected person to the commission, in accordance with section 37-192 of this Code.

(Ord. No. 4725, § 2, 11-26-18)

(a)

Notwithstanding the nonconformity regulations in article X of this chapter, a building or land use in the FIB zone that exists prior to October 27, 2018, that does not meet the requirements herein shall be considered legally nonconforming. Such building or land use shall be allowed to continue in existence and be structurally repaired, maintained, and/or improved to any extent not otherwise regulated by the FIB zone.

(b)

The allowable size of expansion of any such nonconforming building shall be at least a one to one (1:1) ratio of the percentage of the gross floor area expansion to the percentage of points necessary to qualify for new building construction, as set forth in section 37-93.D of this Code. However, in every case, a building expansion shall generate a minimum of one (1) point. For purposes of this section, any fraction of a point up to and including one-half (½) shall be rounded down to the nearest whole number, and any fraction of a point greater than one-half (½) shall be rounded up to the nearest whole number.

(c)

Permits and business license applications for existing buildings or uses that were approved under the regulations of the FIB zone and that propose construction, remodeling, or change of use or occupancy of the business in question shall be subject to approval by the community development director or designee. Approval of such applications by the community development director or designee shall be subject to the following findings:

(1)

The proposal will result in a condition that generates more allowable land use and development qualifier points than the existing or most recent condition of the building, site, and/or use;

(2)

The proposal will not result in a condition that would have the effect of eliminating points that previously qualified the building or use for approval, or, if so, the proposal includes elements of equal or greater value within the qualification point system;

(3)

The proposal will not create an element of noncompliance with the FIB zone that did not already exist; and

(4)

The proposal will further the intents and purposes of the FIB zone.

(Ord. No. 4725, § 3, 11-26-18)

Editor's note— Ord. No. 4753, § 15, adopted December 14, 2019, repealed § 37-93.C, pertaining to temporary vendors, which derived from Ord. No. 4725, § 4, adopted November 26, 2018.

(a)

The construction of a new building in the FIB Zone, other than an accessory building, or the reconstruction of an existing building in the FIB Zone, other than an accessory building, shall comply with the building form and orientation standards contained in this section, except that:

(1)

Development proposals that generate a minimum of one and one-half (1½) times the minimum point threshold required by section 37-93.E of this Code shall be exempted from the floor area ratio standard; and

(2)

Development proposals that generate a minimum of one and one-third (1⅓) times the minimum point threshold required by section 37-93.E of this Code shall be exempted from any one (1) of the building form and orientation standards of the developer's choosing, except the building height or floor area ratio standard.

(b)

For purposes of this section, reconstruction of an existing building shall mean work that exceeds eighty (80) percent of the building value, as determined by one (1) of the following options chosen by the building owner:

(1)

The assessed value, as determined and on file at the Nez Perce County Assessor's office on the date of a building permit application;

(2)

The appraised value, as determined by an appraiser licensed by the Idaho Real Estate Appraiser Board Bureau of Occupational Licenses, within not more than one (1) year from the date of a building permit application filed after October 27, 2018; or

(3)

Sixty-five (65) percent of the value used to determine a building permit fee to reconstruct the building based upon the most recently adopted International Building Code, as determined by the City of Lewiston building official.

(c)

Standards.

(1)

Building height. Height allowance: Eighty-four (84) feet maximum, not counting any parapet of three (3) feet in height or less and not counting any architectural appurtenance exempted from maximum allowable building height, pursuant to section 37-159 of this Code; or a maximum of eight (8) stories, as determined by the City of Lewiston building official based upon the International Building Code.

(2)

Floor area ratio (FAR). FAR: 0.5 to 1.0, which means that the total building gross floor area shall be equal to at least fifty (50) percent of lot square footage. Any roof-top parking or roof-top patio shall be included in the FAR calculation, and basements designed for occupancy or a parking garage shall also be included in the FAR calculation. Faux or false stories shall not be included in the FAR calculation. This FAR standard shall not apply to a commercial entertainment facility.

(3)

Building location relative to Levee Bypass Road right-of-way line. Ten (10) feet minimum.

(4)

Building location relative to a street right-of-way line other than Levee Bypass Road: Ten (10) feet maximum at first floor level, except for a hotel as specified below. For a lot having more than one (1) street frontage, the building shall be located a maximum of ten (10) feet from at least one (1) of the street frontages. Upper floors (those above the first floor) each may be set back not more than an additional five (5) feet per floor or per fourteen (14) feet of building height above the first floor, whichever yields the greater setback, unless such upper floor additional setback is to accommodate an outdoor terrace that extends to the required setback for that floor level.

If the space between the first floor of the building and street right-of-way line is used for outdoor dining, gathering, or other improved open space that is designed for access and use by the public, occupants, or patrons of the building, then the building may be set back a maximum of twenty (20) feet from the street right-of-way line.

A hotel building shall not be located farther than fifteen (15) feet from a street right-of-way line, unless: (a) the lot has multiple street frontages and the hotel building maintains the fifteen (15) feet maximum setback from at least one (1) street frontage; or (b) it is for purposes of accommodating a porte-cochere for loading/unloading guests of the hotel. If the hotel building is set back farther than fifteen (15) feet from the street right-of-way line to accommodate a porte-cochere, then the hotel building shall be attached to the porte-cochere, and the porte-cochere shall not be set back from the street right-of-way line farther than twelve (12) feet. Upper floor levels of a hotel building may be set back farther from the street right-of-way line than the first floor at a ratio not to exceed ten (10) feet of additional setback per floor level greater than one (1).

(5)

Building access. Location, design, and orientation of building access. Building walls facing streets shall contain at least one (1) public, architecturally defined pedestrian building entrance. Such entrance shall be designed and oriented so as to be clearly identifiable from the street and sidewalk as a public pedestrian entrance to the building. Architectural definition of the building entrance may include recession or protrusion of the entrance and/or an awning or a roof protrusion directly above the entrance.

(6)

First floor street-facing building wall transparency. A minimum of forty (40) percent of the area of a street-facing first floor building wall shall be clear, non-opaque window area, unless it is shown by the applicant that compliance with this standard is inherently in conflict with the type of use within the building and the proposal incorporates decorative or architectural features into the wall of the building as mitigation. Any such conflict shall be justified by the applicant, in writing, and accepted by the community development department.

(7)

Upper floor (above the first floor) street-facing building wall transparency. A minimum of thirty (30) percent of the area of a street-facing upper floor building wall shall be clear, non-opaque window area or incorporate architectural features that have similar visual effect in breaking up the appearance of the wall mass, unless it is shown by the applicant that compliance with this standard is inherently in conflict with the type of use within the building and the proposal incorporates decorative or architectural features into the wall of the building as mitigation. Any such conflict shall be justified by the applicant, in writing, and accepted by the community development department.

(8)

Outdoor lighting. Outdoor lighting for parking lots, walkways, usable open space, and exterior doorways shall be installed and designed to provide a safe and comfortable pedestrian environment. All such lighting shall be:

a.

A full cutoff design so that there is not light dispersion or direct glare above a 90-degree horizontal plane from the base of the fixture, or

b.

Contained within an opaque or semi-transparent globe or housing that does not produce glare from the light source (e.g., the light bulb).

(9)

Dumpster screening. Dumpsters shall be fully screened from view at ground level, unless located such that they are not visible from a street, public pedestrian path, and an adjoining property under separate ownership.

(Ord. No. 4725, § 5, 11-26-18; Ord. No. 4862, § 2, 1-23-23)

(a)

Use of a property solely for public parking (including free, permit, pay by hour, or leased), including a parking garage, shall be exempt from having to qualify in the point system set forth in this section.

(b)

Accessory buildings shall be exempt from having to qualify under the point system set forth in this section. Accessory building uses shall not be recognized for point earning purposes under the "multiple use" category set forth in this section.

(c)

Proposed construction and reconstruction shall incorporate use and/or design elements sufficient to generate a minimum of eighteen (18) points from the point system qualifiers list below in order to qualify for zoning approval to obtain a building permit. Development proposals that generate a minimum of one and one-third (1⅓) times the minimum point threshold required herein shall be exempted from any one (1) of the building form and orientation standards of the developer's choosing, except the building height or floor area ratio standard, and those that generate a minimum of one and one-half (1½) times the minimum point threshold required herein shall be exempted from the floor area ratio standard, if the developer so chooses. As an alternative to exemption from any one (1) of the building form and orientation standards or the floor area ratio standard, points generated in excess of eighteen (118) may be "banked" and applied to a subsequent building project.

(d)

Interpretational decisions about whether a specific proposal qualifies for points in any of the categories listed in this section shall be determined by the community development department, which, in so doing, shall consider the stated intents and purposes of the FIB Zone.

(e)

As an alternative to development qualification pursuant to the eighteen (18) point requirement of this section, any development or redevelopment may be permitted by conditional use permit pursuant to article IX of this chapter, provided that the development generates a minimum of nine (9) points from the point system qualifiers list. Any such conditional use permit, in addition to meeting the required relevant criteria and standards set forth in article IX of this chapter, shall also be found to be consistent with the stated intents and purposes of the FIB Zone.

(f)

Point system qualifiers.

(1)

Multiple use property. Two (2) points for each use greater than one (1), up to a maximum of twelve (12) points; however, four (4) points shall be awarded for a commercial entertainment facility (not including adult bookstore, adult entertainment facility, or adult theater) or a hotel with a minimum of sixty (60) guest rooms, and two (2) points shall be awarded for each four (4) multifamily residential or residential condominium dwelling units.

a.

No single use counted toward this point allowance shall be less than twenty (20) percent of the gross floor area of the building, or if an outdoor use such as an outdoor commercial entertainment use, then not less than thirty-three (33) percent of the square footage of the lot.

b.

Multiple uses of the same category (e.g., two (2) retail stores in the same building) shall qualify as multiple uses for this point category only if they have separate business licenses and are physically separated by a wall or floor such that the business spaces are not open to each other.

(2)

Minimum of one (1) employee per three hundred (300) square feet of gross floor area, excluding any single meeting or conference room of which the square footage exceeds the minimum required for all employees to meet together in the same room: three (3) points. Qualification for this point category shall be supported by submittal of a five-year business plan and building floor plan(s) that together show justification for this point qualifier and that shall be approved by the community development department for such purpose.

(3)

Floor area ratio (FAR) increases above the one-half (½) minimum standard shall be awarded one (1) point for each 0.15 above the one-half (½) minimum standard, up to a maximum of six (6) points. Basements designed for occupancy or a parking garage shall be included in the FAR calculation. Any building floor level, including a basement, or roof-top parking or roof-top patio shall be included in the FAR calculation. Faux or false stories shall not be included in the FAR calculation.

(4)

Open space and amenities for social gathering or active or passive recreation, such as courtyards, plazas and gardens, ball courts, and playgrounds (privately owned and maintained and consisting of at least one (1) percent of the development project area or two hundred twenty-five (225) square feet, whichever is greater). Two (2) points. Outdoor dining and/or drinking areas for eating and drinking establishments shall not qualify for points in this category.

(5)

Parkland dedication for public use, on the condition that the parkland dedication is accepted by the applicable public agency. Two (2) points per two thousand five hundred (2,500) square feet of parkland area dedicated.

(6)

Public art (outdoors): three (3) points. Public art, as used herein, shall mean works "commissioned" at a cost of not less than three thousand dollars ($3,000.00) or two (2) percent of the building permit valuation, whichever is greater, for locations of open public access. Such works may be inanimate, interactive, representational, abstract, aesthetic, didactic, functional, and/or symbolic art pieces or artistic projects or displays. Public art proposals shall be reviewed by an ad hoc committee consisting of not less than three (3), and no more than five (5), persons from the Lewis-Clark State College Center for Arts and History, Beautiful Downtown Lewiston, the Idaho Commission on the Arts, and/or one (1) Lewiston citizen at large. Such committee shall make recommendations to the community development director (or designee) for decision to accept or deny a proposal. Committee recommendations and community development director (or designee) decisions shall not be based upon the likes or dislikes of the particular art being proposed, but rather on agreement or disagreement that the art qualifies as commissioned, that it meets the valuation criteria, that it will be sufficiently located outdoors with open public access, and that it is indeed art representative of one (1) or more of the categories listed herein.

(7)

New levee trail or river access. Twelve (12) points. To qualify for points, the proposal shall be accepted and approved by all entities having authority, which may include, but is not limited to, the City of Lewiston, the United States Army Corps of Engineers, and the Idaho Transportation Department. The levee trail or river access shall be within a dedicated public right-of-way or granted public easement for legal public access and include physical improvements necessary for public use, including compliance with applicable Americans with Disabilities Act standards.

(8)

Outdoor café located not farther than twenty (20) feet from and within clear view of a public street and with seating providing for a minimum of twelve (12) seats. Two (2) points.

(9)

Rooftop garden, patio, deck, or other type of rooftop open space with amenities to invite use (shall be at least twenty (20) percent of the area of the building footprint or two thousand (2,000) square feet, whichever is less). Two (2) points.

(10)

Alternative transportation mode support. This category includes public transit, carpool, bicycle, wayfinding, and electric vehicle accommodations, as well as public trail or walkway connections and implementation or participation in programs focused on transportation modes other than single occupancy fossil fuel burning vehicles.

a.

Unsheltered bicycle racks: One-quarter (¼) point for each two (2) bicycles, up to a maximum of three (3) points.

b.

Sheltered bicycle parking racks, bike lockers, or bike room (shall accommodate a minimum of four (4) bicycles or fifteen (15) percent of the minimum number of required off-street parking stalls, whichever is greater): One (1) point for each four (4) bicycles, up to a maximum of three (3) points.

c.

Electric car charging stations: one (1) point for each charging station up to three (3), plus one-half (½) point for each additional charging station, up to a total maximum of five (5) points.

d.

Provision of public transit system improvement, which shall be subject to approval and acceptance by the community development and public works directors, or their designees:

1.

Dedication of public right-of-way or easement to accommodate bus stop, on the condition that such dedication or easement is accepted by the applicable public agency: Two (2) points.

2.

Construction of street improvements necessary to accommodate bus stop: Two (2) points.

3.

Installation of bus stop shelter with bench: One (1) point.

(11)

Conference facilities (shall be open to or for rent by the general public and allow related meal service, which may or may not be provided by the facility owner):

a.

With accommodations for a minimum of one hundred (100) people in one (1) room: Three (3) points.

b.

With accommodations for a minimum of one hundred (100) people cumulatively in more than one (1) room: Two (2) points.

c.

With accommodations for a minimum of fifty (50) people in one (1) room (cannot be combined with points awarded under subsection (11)(a) or (b) of this section): One (1) point.

(12)

Leadership in Energy and Environmental Design (LEED) certified building: LEED Certificate: Two (2) points; Silver Certificate: Three (3) points; Gold Certificate: Six (6) points; Platinum Certificate: Seven (7) points.

(13)

Relocate overhead utilities underground, subject to approval of the entities having jurisdiction over such utilities: Three (3) points for each utility pole removed.

(14)

Minimum fifteen (15) percent landscaping of the development site, excluding any required landscaping: Three (3) points.

(15)

Tripartite design of street facing building walls: Three (3) points for vertical tripartite design, two (2) points for horizontal tripartite design, or five (5) points for both vertical and horizontal tripartite design. This design option is to create the appearance of three (3) distinct building sections by change in color and/or texture, by incorporation of recessed or protruding doorways, doorway overhangs, columns (structural or faux), horizontal and/or vertical bands, balconies, reveals, canopies or awnings, cornices, protruding parapets, and other architectural features that contribute to the appearance of three (3) distinct building sections.

(16)

Reinforced building comer at street intersection: Four (4) points. This design option shall include a pedestrian building entrance within ten (10) feet of the corner of the building on each street frontage or a single entrance in any diagonal wall at the building corner, where such wall is at least ten (10) feet wide. The building corner shall be designed with increased building height, mass, facade angles, or change(s) in depth for increased prominence of that portion of the building. It may also include architectural features, such as cupolas, turrets, or change in roof pitch.

(17)

Exterior decks or balconies on upper floor(s) (minimum one (1) floor level above the ground floor) where cumulative deck or balcony width is at least thirty (30) percent of the width of the wall on that particular floor level; or a minimum of one (1) deck or balcony per floor level where the cumulative deck or balcony width for all floor levels is at least thirty (30) percent of the width of the wall: Two (2) points. Any such deck or balcony shall be functionally accessible by to occupants of the building, or where such deck or balcony is intended for private use by residents of an individual apartment, then functionally accessible to the occupant(s) of that apartment.

(18)

Shared parking arrangement for a minimum of thirty-three (33) percent of the minimum number of off-street parking spaces requirement: Three (3) points.

(19)

Covered, enclosed, or sheltered off-street parking shall be awarded points for only one (1) of the following categories:

a.

Surface level parking garage(s) or carports: one-half (½) point per four (4) cars for fully enclosed garages or one-half (½) point per four (4) cars for carports, up to a maximum of four (4) points.

b.

Rooftop parking with commercial and/or residential uses below: Five (5) points.

c.

First floor parking garage with businesses or homes above and/or below: Five (5) points.

d.

Multi-level parking garage with no other uses in it, where the parking is for private land use and not a public parking garage and the parking garage is attached to the building it is providing parking for: Six (6) points.

e.

Mid-floor parking with residential and/or commercial uses above and below: Seven (7) points.

f.

Below ground parking garage with businesses and/or homes above: Eight (8) points.

(20)

First floor street frontage walls that are at least sixty (60) percent visually penetrable: Two (2) points.

(21)

Provision of all required stormwater detention underground or integration of all required stormwater detention with required landscaping or a combination of providing part of the required stormwater detention underground and integrating the remainder of the required stormwater detention with required landscaping: Two (2) points.

(22)

On-site retention of the stormwater from a two-year, 24-hour storm: One (1) point per four thousand (4,000) square feet of impervious surface area retained, up to a maximum of five (5) points.

(23)

Incorporation of best management practices and facilities designed to remove a minimum of ninety (90) percent of sediment, sand, and oil from stormwater prior to release to the City of Lewiston stormwater conveyance system: Three (3) points.

(24)

Permeable pavement for the entirety of required parking surface area, including driveways, interior drive aisles driving surface areas necessary for parking stall access and exit: Two (2) points.

(25)

High reflectance (cool) pavement material for a parking lot: Two (2) points.

(26)

Enclosing or otherwise hiding rooftop equipment from view at ground level, or locating rooftop equipment such that it is not visible, within a one-hundred-foot-radius of the building footprint: Two (2) points.

(27)

Preservation of an existing, ground level view from a public street or sidewalk or from an existing rooftop patio of the Railroad Bridge or Blue Bridge by site planning and/or building design specifically for this purpose: Two (2) points.

(28)

Historic preservation or enhancement of or contribution to the character of the existing historic district, as determined by the City of Lewiston historic preservation commission (may only be used for property outside of the existing historic district): Three (3) points.

(Ord. No. 4725, § 6, 11-26-18; Ord. No. 4762, § 13, 1-6-20; Ord. No. 4862, § 3, 1-23-23)

(a)

If a public street adjacent to an existing or proposed site development is converted or reconstructed to provide on-street, public parking, then one half (½) of such parking along the subject development site's frontage of that street shall count toward the off-street parking requirement for the development of that site.

(b)

The maximum allowable number of off-street parking stalls allowed by section 37-149 of this Code; shall not apply to parking located in a multi-level parking garage or where the parking overage is off-street parking provided for public use.

(c)

Not more than thirty-three (33) percent of the off-street parking provided shall be located between a building and the street; however, this provision shall not apply to the Levee Bypass Road. For a corner lot, the total number of off-street parking spaces located between the building and the two (2) adjoining streets shall not exceed fifty (50) percent.

(d)

Parking lots with more than thirty (30) parking stalls shall include improved, delineated pedestrian walkways connecting the parking stalls to the associated building or outdoor use. Such walkways shall be at least three (3) feet wide and constructed of asphalt, concrete, compacted gravel, or other alternative surface that is safe and convenient for pedestrian use.

(e)

Parking structures providing parking above a first floor shall be designed and constructed to prevent vehicle headlights from shining directly onto adjoining buildings.

(Ord. No. 4725, § 7, 11-26-18; Ord. No. 4862, § 4, 1-23-23; Ord. No. 4939, § 1, 2-24-25)

(a)

Building footprint. No building footprint in the FIB zone shall exceed forty-five thousand (45,000) square feet, unless:

(1)

The floor area ratio (FAR) is at least one (1); or

(2)

The project incorporates use and/or design elements from the list of qualifiers contained in section 37-93.E of this Code, whereby the project generates at least six (6) points more than the minimum necessary to qualify for a building permit; or

(3)

The building provides pedestrian and vehicular access through the building or between two (2) buildings connected by a shared roof, according to the following:

a.

The buildings are attached with a common roof and have a minimum exterior wall separation of ten (10) feet of improved pedestrian walkway and/or improved, useable open space; or

b.

The buildings are attached with a common roof and have a minimum exterior wall separation of twenty (20) feet with a minimum twelve-foot-wide, one-way driveway and a minimum four-foot-wide sidewalk on each side (this option may be substituted as follows: the buildings are attached with a common roof and have a twenty-eight-foot-wide minimum building separation with a twenty-foot-wide driveway and a four-foot-wide sidewalk on each side if the driveway width is required by the City of Lewiston fire department to be twenty (20) feet wide); or

c.

The buildings are attached with a common roof and have a minimum exterior wall separation of thirty-two (32) feet, with a minimum twenty-four-foot wide, two-way driveway and a four-foot-wide sidewalk on each side.

(b)

Properties within the FIB zone that are also within a designated historic district shall be subject to the adopted rules and procedures of the historic district, in addition to the FIB zone.

(c)

No drive-thru windows or drive-thru service facilities shall be permitted in the FIB zone, except as may be provided by pick-up/delivery to vehicles parked on a public street.

(d)

No detached, single-family residential use as the only use of a building or lot shall be permitted in the FIB zone.

(e)

No homeless shelter, bridge housing shelter, or transitional housing village shall be permitted in the FIB zone.

(f)

No adult bookstore, adult entertainment facility, adult theater, or other sexually oriented business or any business engaged primarily in the sale of obscene material, as defined in Idaho Code Title 18, Chapter 41, shall be permitted in the FIB zone.

(g)

No direct train or barge shipping of freight shall be permitted in the FIB zone (passenger transport is allowed), except for continuation of an existing use, reuse of a train loading dock in an existing building, or expansion of a nonconforming shipping use or building pursuant to section 37-93.B of this Code.

(h)

No unmitigated particulate matter, as defined or determined by the Environmental Protection Agency or Department of Environmental Quality as being an air pollutant, shall be released into the air within the FIB zone.

(i)

No tractor trailer or shipping container storage that is visible from beyond the property lines of the subject property shall be permitted in the FIB zone. Any such storage shall be either within a building or covered by a roof and surrounded by sight-obscuring fencing that is at least seven (7) feet tall.

(j)

No other outdoor storage shall be permitted in the FIB zone, except for licensed, registered, operating vehicles; outdoor recreational equipment; outdoor furniture; and other items related to an on-site business that are incidental and ancillary to such business and that are made for outdoor usage related to the type of on-site business.

(k)

Barbed and razor wire fencing shall be prohibited within the FIB zone.

(Ord. No. 4725, § 8, 11-26-18; Ord. No. 4862, § 5, 1-23-23)

(a)

Purpose. To provide a special planning area for development of limited commercial use that minimizes impacts on nearby residential uses and fosters creative residential development compatible with anticipated high traffic volumes on Bryden Avenue.

(b)

Description. The Bryden Avenue Special Planning Area shall be described with the following boundaries:

This area extends from approximately 5th Street east to 10th Street along Bryden Avenue, and includes land situated between Linden Avenue on the north and Airway Avenue to the south.

(c)

The Bryden Avenue Special Planning Area shall be divided into distinct planning areas:

(1)

Planning Sub-Area A - Approximately two hundred (200) feet west of 5th Street to 10th Street, inclusive of an area approximately two hundred eighty (280) feet north and south of Bryden Avenue. This is an area defined by Linden Drive on the north, Bryden Drive on the south, 10th Street on the east, and 5th Street to the west, as depicted on the official zoning map of the City of Lewiston.

(2)

Planning Sub-Area B - Approximately two hundred (200) feet west of 5th Street to 10th Street, exclusive of the area identified as Planning Area A.

(Ord. No. 4372, § 1, 4-11-05)

(a)

Area A. In the Bryden Avenue Special Planning Area A the following uses and their accessory uses are permitted outright subject to standards of article IV of this chapter:

Planning Area A

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings meeting the standards of section 37-124.1 of this Code.

(4)

Professional offices.

(5)

Bed and breakfast type lodging, limited to six (6) guestrooms.

(6)

Retail sales, not including fuel or auto sales, limited to forty thousand (40,000) square feet of gross floor area.

(7)

Restaurants; provided, that a restaurant may serve alcohol with meals, but shall not be permitted a separate lounge for serving alcoholic beverages.

(8)

Personal services, including repair and maintenance (not related to automobiles or motorcycles).

(9)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency.

(10)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency.

(11)

Churches.

(12)

Financial institutions.

(13)

Hotels, motels.

(14)

Conference centers.

(15)

Other limited commercial uses that are not permitted outright, but that are consistent with the purpose of the BASPA zone and are not detrimental to any of the outright permitted uses or other existing conditional uses or to nearby residential uses.

In the Bryden Avenue Special Planning Area A the following uses and their accessory uses are permitted when authorized in accordance with articles IV (supplementary regulations) and IX (conditional uses) of this chapter:

(1)

Restaurants that have separate lounges for serving alcoholic beverages.

(2)

Fuel and auto sales.

(3)

Commercial entertainment facilities.

(4)

Other uses determined to be compatible with the intent, uses, and standards of Planning Area A.

(b)

Area B. In the Bryden Avenue Special Planning Area B the following uses and their accessory uses are permitted outright subject to the standards of article IV of this chapter:

Planning Area B

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

Class A manufactured home.

(5)

Manufactured home park, subject to the provisions of chapter 23 of this Code.

(6)

Tiny house village, subject to the provisions of chapter 23 of this Code.

In the Bryden Avenue Special Planning Area B the following uses and their accessory uses are permitted conditional uses when authorized in accordance with articles IV and IX of this chapter:

(1)

Intermediate care facility, subject to the special conditions of section 37-44.1 of this Code.

(2)

Long-term care facility, subject to the special conditions of section 37-44.1 of this Code.

(3)

Church, subject to the special conditions of section 37-20.1 of this Code.

(4)

School, subject to the special conditions of section 37-20.1 of this Code.

(5)

Family day care, subject to the special conditions of section 37-13.1 of this Code.

(Ord. No. 4372, § 1, 4-11-05; Ord. No. 4531, § 10, 7-13-09; Ord. No. 4670, § 1, 10-24-16; Ord. No. 4694, § 1, 8-21-17; Ord. No. 4799, § 21, 3-8-21; Ord. No. 4841, § 17, 11-14-22; Ord. No. 4936, § 7, 1-27-25)

Within the Bryden Avenue Special Planning Area, lot size shall be determined by individual parcel boundaries, not including public right-of-way:

(1)

Planning Area A.

Minimum lot size: None.

(2)

Planning Area B.

Minimum lot size, single-family dwelling: Seven thousand five hundred (7,500) square feet.

Minimum lot size, two-family dwelling: Seven thousand five hundred (7,500) square feet.

Minimum lot size, multifamily dwelling: Seven thousand five hundred (7,500) plus one thousand five hundred (1,500) square feet per unit for every unit over two (2).

Minimum lot width: Fifty (50) feet.

Minimum lot depth: Eighty (80) feet.

(Ord. No. 4372, § 1, 4-11-05)

(a)

Planning Area A.

(1)

Commercial structures within thirty-two (32) feet of the boundaries of Planning Area B shall be no greater than sixteen (16) feet in height. Building height may increase one (1) foot for every one (1) foot increase in distance beyond thirty-two (32) feet from the boundaries of Planning Area B. However, this provision shall not apply when the structure in question is on a lot or development site that is under single ownership or control and such lot is divided by the boundary line of the BASPAA and BASPAB zones.

(2)

Multifamily structures within thirty-two (32) feet of the boundaries of Planning Area B shall be no greater than sixteen (16) feet in height. Building height may increase one (1) foot for every one (1) foot increase in distance from thirty-two (32) feet from the boundaries of Planning Area B. However, this provision shall not apply when the structure in question is on a lot or development site that is under single ownership or control and such lot is divided by the boundary line of the BASPAA and BASPAB zones.

(3)

Maximum building height shall not exceed forty-five (45) feet.

(b)

Planning Area B. Maximum building height shall not exceed thirty-five (35) feet.

(Ord. No. 4372, § 1, 4-11-05; Ord. No. 4657, § 1, 6-13-16)

(a)

Planning Area A.

(1)

Front: Within Planning Area A, the front yard shall be considered that area adjacent to Bryden Avenue along the length of the Bryden Avenue right-of-way. A front yard shall be minimum five (5) feet in depth.

(2)

Rear: Within Planning Area A, the rear yard shall be considered that area furthest from and parallel to Bryden Avenue. Where a structure containing a commercial use abuts Planning Area B, the commercial structure must be set back a minimum fifteen (15) feet from the property line or thirty-five (35) feet from an established residential structure within Planning Area B, whichever is greater.

(3)

Side: Within Planning Area A, there shall be no minimum side yard.

(b)

Planning Area B.

(1)

Front yards: minimum fifteen (15) feet.

(2)

Rear yards: minimum fifteen (15) feet.

(3)

Side yards: minimum five (5) feet, and the total of both side yards shall be ten (10) feet.

(Ord. No. 4372, § 1, 4-11-05; Ord. No. 4920, § 7, 8-26-24)

(a)

Planning Area A.

(1)

Lots.

a.

Commercial development shall be restricted to those properties with a minimum fifty (50) feet of dedicated access to Bryden Avenue.

b.

Access easements shall not be considered dedicated access.

(2)

Structures.

a.

Building facades fronting Bryden Avenue shall have a minimum fifteen (15) percent window area on the Bryden Avenue side of the building.

b.

Facades greater than fifty (50) feet in length shall incorporate wall plane projections extending over twenty (20) percent of the length of the facade. Plane projections shall be a minimum three (3) inches in depth and a minimum height equal to twenty-five (25) percent of the height of the wall.

c.

Building facades shall include at least two (2) of the following at a ratio of four to one (4:1):

1.

Color change,

2.

Texture change,

3.

Building material change.

d.

All roofs shall give the appearance of a hip or gable roof with a minimum 3:12 pitch. Gable or hip roof treatments or dormers shall be used to conceal flat roofs. All such roof treatments shall be sufficient to hide rooftop equipment from view at grade.

e.

Gable and hip roofs shall include eaves a minimum eighteen (18) inches in length measured from the intersecting wall.

f.

No external, amplified loudspeakers may be installed, except as allowed with a use permitted as a conditional use.

(3)

Landscaping and screening.

a.

A five-foot landscaped strip shall be planted along the entire length of the Bryden Avenue right-of-way at the time of new construction or major remodeling. The landscaped strip shall include trees as follows:

b.

Trees shall be placed along rights-of-way every thirty-five (35) feet;

c.

Tree species shall be limited to:

1.

Frontier elm (Ulmus frontier);

2.

Littleleaf linden (Tilia cordata);

3.

"Green vase" zelkova (Zelkova serrata);

4.

Other species approved by the community development director in consultation with the urban forester.

(4)

Property in commercial use and abutting residential uses shall have a sight-obscuring fence or landscaping along the property boundary adjacent to those residential uses.

(5)

Parking areas abutting residential uses in Planning Area B shall have a five-foot landscaped buffer between the parking area and residential uses in addition to subsection (a)(2) of this section.

(6)

Where required parking is located wholly to the side or rear of the primary structure, the required landscape buffer between the parking area and residential uses may be decreased by two (2) feet of width.

(7)

All lighting shall be shielded from residential uses and shall not trespass upon residential uses.

(8)

The following parking standards shall apply:

a.

Multifamily dwellings, two (2) spaces per dwelling unit.

b.

Offices, including medical offices; retail sales and service; personal services; financial institutions:

1.

One (1) space per two hundred fifty (250) square feet of usable office space, examination room, reception area (including lobby), sales area, display area, or service area;

2.

No parking in excess of fifty (50) percent of required parking may be placed in the front of the primary structure.

c.

Bed and breakfast type lodging, limited to six (6) guestrooms, one (1) space per guestroom plus one (1) space per dwelling unit.

d.

Restaurant, including lounge:

1.

One space per four (4) seats;

2.

No parking in excess of fifty (50) percent of required parking may be placed in the front of the primary structure.

e.

In addition to design standards provided in sections 37-146 to 37-148 and sections 37-151 to 37-155 of this chapter:

1.

Where parking areas contain three (3) or more parking aisles, pedestrian walkways through the parking area separate from vehicle travelways shall be installed;

2.

Such pedestrian walkways shall be incorporated into the required interior landscaping, if any.

f.

Reduction in parking stall size may be allowed upon approval of the city engineer.

(9)

Signage for individual businesses shall meet the requirements of chapter 30 of this Code.

a.

The number of freestanding signs, as defined in chapter 30 of this Code, shall be limited to one (1) per two hundred (200) linear feet of Bryden Avenue frontage;

b.

Maximum sign height for such freestanding signs shall not exceed thirty (30) feet.

(b)

Planning Area B.

(1)

Structures: Residential building facades, excluding the facades of accessory structures, fronting local residential and residential collector streets shall have a minimum fifteen (15) percent window area on the street side of the building.

(2)

All roofs shall be hip or gable with a minimum 3:12 pitch.

(3)

Roofs shall include eaves a minimum eighteen (18) inches in length measured from the intersecting wall.

(4)

All required off-street parking shall be paved with an asphalted material acceptable to the city engineer.

(5)

Required off-street parking for multifamily dwellings shall meet the parking lot requirements of sections 37-151 to 37-155.

(Ord. No. 4372, § 1, 4-11-05; Ord. No. 4462, § 1, 12-11-06; Ord. No. 4692, § 13, 10-30-17; Ord. No. 4843, § 1, 4-11-22; Ord. No. 4920, § 8, 8-26-24)

Editor's note— Ord. No. 4670, § 2, adopted October 24, 2016, repealed § 37-93.7, pertaining to notification of construction or major remodeling in the heavy industrial zone, which derived from Ord. No. 4372, § 1, adopted April 11, 2005.

(a)

Planning Area A.

(1)

Access to/from Bryden Avenue, as administered by the city engineer, shall be limited to:

a.

One (1) access per one hundred (100) linear feet of curb as measured from the edge of right-of-way at the intersection of Bryden Avenue and streets designated as arterials or residential collectors;

b.

Or, where access to a property from Bryden Avenue would be eliminated by subsection (a)(1)(a) of this section, a single access shall be allowed to the property no more than twenty-six (26) feet in width.

(2)

Access driveways to a single parcel to/from Bryden Avenue may not exceed twenty-six (26) feet in width.

(3)

Access driveways to multiple parcels to/from Bryden Avenue may not exceed thirty (30) feet in width.

(4)

No vehicle access from/to Bryden Drive or Linden Drive shall be allowed, except where required for emergency vehicles.

(5)

Planter strips a minimum of five (5) feet wide shall be incorporated into the right-of-way of Bryden Avenue and separate the sidewalk from the street, unless otherwise determined by the public works director to be unfeasible due to existing conditions, such as, but not limited to, topography.

(6)

Planter strips shall contain one (1) street tree every thirty-five (35) feet. Street tree species shall be limited to:

a.

Frontier elm (Ulmus frontier);

b.

Littleleaf linden (Tilia cordata);

c.

"Green vase" zelkova (Zelkova serrata);

d.

Other species approved by the community development director in consultation with the urban forester.

(b)

Planning Area B.

(1)

As administered by the city engineer, no commercial access to local residential or residential collector streets shall be allowed across property with an established residential use.

(Ord. No. 4372, § 1, 4-11-05; Ord. No. 4522, § 1, 11-24-08; Ord. No. 4843, § 2, 4-11-22; Ord. No. 4920, § 9, 8-26-24)

(a)

General. A planned unit development is tailored for a specific property to develop criteria that will determine building guidelines and land uses, where the desired development cannot be achieved with a standardized zoning district contained in this chapter nor with a contract zoning agreement authorized pursuant to section 37-115 of this chapter. An application for a planned unit development zone shall be processed as an amendment to the official zoning map, in accordance with article XII of this chapter. The ordinance adopting a planned unit development zone shall contain or adopt by reference an agreement that sets forth the allowable land uses and development standards. A planned unit development shall not be used as a mechanism to address development issues that are more appropriately addressed by securing a variance or a conditional use permit.

(b)

Purposes.

(1)

To allow a planned and coordinated mix of land uses and/or housing types which would otherwise not be allowed and when special project design elements or benefits to the neighborhood or community are offered or which may be required, and which otherwise would not have been required or achieved;

(2)

To encourage a more creative and efficient utilization of land; a concentration or clustering of development in order to create, allow for, or provide open space; and/or a preservation of natural resources or special features of the site;

(3)

To allow a variety in the types of environment available to the people of Lewiston;

(4)

To provide the means for greater creativity and flexibility in design and development than is provided under the strict application of the zoning and subdivision codes, while at the same time preserving the health, safety, order, and general welfare of the City of Lewiston and its residents;

(5)

To encourage the overall planning, designing, and development of larger tracts of land;

(6)

To provide a better means of cooperation between the City of Lewiston and private developers in the urbanization of undeveloped lands and the revitalization of existing, deteriorated or underutilized lands;

(7)

To allow for exceptions to standards in the zoning and subdivision codes without sacrificing overall benefit to a neighborhood or to the community;

(8)

To promote more cohesive and coordinated development.

(Ord. No. 4270, § 3, 10-30-00; Ord. No. 4872, § 3, 3-13-23)

Editor's note— Sec. 4 of Ord. No. 4872, adopted March 13, 2023, repealed § 37-95, which pertained to designation, and derived from Ord. No. 4270, adopted October 30, 2000.

(a)

The tract of land for which a planned unit development is proposed shall be a minimum of five (5) acres. Areas of less than five (5) acres may qualify as a planned unit development project if the applicant can show to the commission that the waiver of this requirement is in the public interest and that at least one (1) of the following conditions exist:

(1)

Unusual physical features of the site or the surrounding neighborhood are such that development under the provisions of the planned unit development district will contribute to the amenity and functionality of the neighborhood.

(2)

The site is adjacent to an area which has been developed under the provisions of the planned unit development district and will contribute to the amenity and functionality of the neighborhood.

(3)

The proposed development is substantially similar to or will serve, enhance, or compliment neighboring development.

(4)

The proposed development meets or is consistent with at least four (4) of the eight (8) stated purposes of the PUD Zone.

(b)

Exceptions from traditional zoning and subdivision requirements may be granted within the project when they do not result in inconsistency with the stated purposes of the planned unit development zone, provide greater functionality and/or a higher amenity to the neighborhood, and/or are in the interest of the community in general.

(c)

Private roadways (as defined in chapter 32 of this Code) may be permitted within the project if their maintenance is provided for, as acceptable to the public works director; they are designed and installed to specifications, acceptable to the city engineer; and they are approved by the city council.

(d)

All land use and development and activity within a planned unit development zone shall be subject to adopted city codes and standards, except as may otherwise be specified in the required planned unit development agreement.

(1)

The planned unit development agreement shall explicitly identify any exceptions to city code or standards modified by the agreement.

(2)

If the agreement does not identify specific city codes or standards waived or modified by the agreement, then the city codes and standards adopted by the city shall remain in full force and effect.

(Ord. No. 4872, § 5, 3-13-23)

Editor's note— Sec. 4 of Ord. No. 4872, adopted March 13, 2023, repealed § 37-96, which pertained to designation, and derived from Ord. No. 4270, adopted October 30, 2000. Sec. 5 of said ordinance enacted new provisions to read as herein set out.

(a)

Application for a PUD zone shall require a pre-application meeting to be scheduled by the community development department. After formal application submittal to the community development department is accepted by the city planner as being consistent with the stated purposes of the PUD zone, it shall be processed in accordance with article XII of this chapter.

(b)

Development master plan. Application for and approval of a PUD shall include a development master plan. The development master plan shall consist of the following:

(1)

A written narrative of the proposed project, including, but not limited to, description of the following:

a.

Project intent, purpose, and target market, including how such is planned to be achieved;

b.

Why the project necessitates being done as a PUD; what is proposed that cannot be accommodated through standardized zoning and/or subdivision; what waivers or modifications to adopted standards are proposed; what benefits are proposed that would not otherwise be gained or achieved through a standardized zoning and/or subdivision;

c.

Project development timeline, including intended start, phasing, and completion;

d.

Intended post-development project ownership and maintenance responsibilities;

e.

How the project will fit into the neighborhood; project benefits, compatibility, and negative impacts; and

f.

Anticipated traffic generation and compatibility with and impact to the local street system.

(2)

A site plan drawn to scale illustrating the following:

a.

Property lines, labeled and dimensioned;

b.

North arrow;

c.

Conceptual subdivision plan or preliminary plat, if applicable;

d.

Size, location, and arrangement of proposed buildings with the buildings labeled and setbacks to property lines indicated;

e.

Parking areas and streets, sidewalks, and other transportation facilities;

f.

Landscaping, screening, storm water detention facilities, freestanding and monument sign locations, and dumpster/trash collection facilities;

g.

Common open spaces and recreational areas;

h.

Proposed public and private water, sanitary sewer, storm sewer, outdoor lighting, and any other utilities (e.g., electric, communications, gas); and

i.

Other information as may be deemed necessary, depending on the project site, location, and/or proposal particulars.

(3)

Topography by contours related to USCG survey datum, or other datum approved by the city engineer or designee, shown on the same map as the proposed PUD layout and showing existing and/or proposed contours adequate to describe any future grading. Contour interval shall be such as to adequately reflect the character and the drainage of the land.

(4)

A written description and illustration of the architectural style and appearance of the proposed building(s).

(5)

Traffic generation statement. The number of vehicular trips expected to be generated by a PUD may require a traffic impact study, as determined by the city engineer or designee. A PUD shall mitigate traffic impacts according to the traffic impact study and the city engineer or designee.

(c)

Amendment to a planned unit development agreement and/or development master plan:

(1)

Any substantial modification of an approved PUD agreement and/or development master plan shall require resubmittal of the PUD application with a written description and mapped depiction of the proposed amendments to the city planning and zoning commission and the city council pursuant to the procedures provided in section 37-184 of this Code. The proposed amendments, if approved, will become an amendment to the approved development master plan. The community development director or designee is authorized to determine whether the proposed plan amendment is substantial.

a.

For the purposes of this section, a substantial modification is any modification in the type of land use, phasing, development improvements, number or type of dwelling units, project scale, design standards or project design that could be expected to have resulted in the denial of the original or previously approved proposal to meet the required relevant criteria and standards or denial of the original or previously approved application, the imposition of additional requirements of development, or that could be expected to cause undue hardship or unmitigated adverse impact on neighbors to the PUD or to the community or result in conditions or impacts substantially different than were identified, presented, represented, or expected from the original or previously approved proposal. Any increase in residential development density greater than ten (10) percent or any increase in intensity of land use that would generate greater than ten (10) percent more traffic shall be deemed a substantial modification to the PUD.

(2)

Any non-substantial modification to an approved PUD agreement and/or development master plan may be approved or denied by the community development director or designee, who may modify or require new condition(s) of approval, as necessary to ensure that the intent of the original approval is met. Non-substantial modifications are those modifications not deemed to be substantial by the community development director or designee, and that do not otherwise fall under the criteria of subsection 37-97(c)(1)a. Final decision-making about a non-substantial modification is subject to mailing of a notice of intent for PUD change approval to property owners within the PUD and to property owners within three hundred thirty (330) feet of the PUD. Such notice shall describe the nature of the proposed change and advise recipients of the right to object to the change and that any such objection received in writing by the community development department within fifteen (15) days of the date of the notice shall require a public hearing before the planning and zoning commission pursuant to section 37-184 of this Code. Decisions of the planning and zoning commission may be appealed by any person entitled to notice of the proceedings in accordance with section 37-185 of this Code.

(Ord. No. 4270, § 3, 10-30-00; Ord. No. 4389, § 1, 2-14-05; Ord. No. 4531, § 11, 7-13-09; Ord. No. 4797, § 1, 1-25-21; Ord. No. 4872, §§ 6, 7, 3-13-23)

(a)

Purpose. To provide for uses, buildings, and structures in which airport or aviation related facilities may be installed and used, including taxiways and runways, commercial aviation, general aviation, terminal buildings, aircraft hangars, air navigation aids, related accessory uses and other uses, structures, and facilities as may be compatible with and useful to the airport. Development shall be in conformance with the adopted Airport Master Plan and Federal Aviation Administration regulations.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 51, 10-25-99; Ord. No. 4497, § 1, 1-7-08)

In an "A" zone, the following uses and their accessory uses are permitted when they are in conformance with the standards and requirements of this chapter and the adopted Airport Master Plan, and when they have received written authorization from the Lewiston City Council and board of commissioners of Nez Perce County, Idaho, as owners of the Lewiston-Nez Perce County Airport.

(1)

Commercial aviation uses;

(2)

Hangars, public and private;

(3)

Municipal terminal building;

(4)

Navigation aids;

(5)

Repealed by Ord. No. 4497;

(6)

Taxiways, runways and aprons;

(7)

Any conditional use hereafter listed when located within the terminal building;

(8)

Agricultural uses;

(9)

Recreational or cultural facility associated with aviation uses;

(10)

Recreational vehicle park, subject to the standards of chapter 23, article II of this Code;

(11)

Public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(12)

Air freight carriers;

(13)

Mini-storage units;

(14)

Light industrial uses, consisting of manufacturing, fabricating, processing, repairing, packing or storage; including industrial park uses and warehousing consistent with light industrial uses;

(15)

Eating and drinking establishment;

(16)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(17)

Fueling center, including convenience retail sales not to exceed two thousand (2,000) square feet of retail sales area.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 52, 10-25-99; Ord. No. 4497, § 1, 1-7-08; Ord. No. 4698, § 18, 10-30-17; Ord. No. 4799, § 22, 3-8-21)

In an "A" zone, the following uses and their accessory uses are permitted when they are in conformance with the standards and requirements of this chapter and the adopted Airport Master Plan, and when they have received written authorization of the Lewiston City Council and board of commissioners of Nez Perce County, Idaho, as owners of the Lewiston-Nez Perce County Airport prior to the submittal of a request for a conditional use permit:

(1)

Business or professional offices;

(2)

Barber or beauty shop;

(3)

Repealed by Ord. No. 4497;

(4)

Repealed by Ord. No. 4497;

(5)

Motel or hotel;

(6)

Retail store not associated with a fueling center;

(7)

Other uses that are not permitted outright, but that are consistent with the purpose of the A zone and are not detrimental to any of the outright permitted uses or other existing conditional uses or any nearby residential uses.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 53, 10-25-99; Ord. No. 4497, § 1, 1-7-08; Ord. No. 4799, § 23, 3-8-21)

Sec.

37-101. Height of buildings.

In an "A" zone, no building shall exceed a height of forty-five (45) feet or three (3) stories, except a flight control building.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

In an "A" zone, airports may adopt and enforce design standards separate from and not listed within this chapter. All construction must meet the design standards adopted by the governing body of the airport in addition to the standards listed here. Where design or site standards of the airport may conflict with standards of this chapter, the standards of the airport shall supersede those of this chapter.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

(a)

In an "A" zone, a yard abutting a residential zone shall be a minimum of fifty (50) feet.

(b)

In an "A" zone, a yard abutting a commercial zone, or a legally established commercial use in a residential zone, shall be fifteen (15) feet, all of which shall be landscaped in accordance with a landscape plan approved by the community development director.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4257, § 1, 11-22-99; Ord. No. 4497, § 1, 1-7-08)

The following definitions apply to this article:

Airport shall mean the Lewiston-Nez Perce County Airport.

Approach surface shall mean the area that extends for ten thousand (10,000) feet of the east end of Runway 26 at the airport as depicted on the official Approach and Clear Zone Plan Map.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

There is hereby adopted the official Approach and Clear Zone Plan Map for the City of Lewiston. Originals of said map shall be kept on file in the office of the airport manager for the Lewiston-Nez Perce County Airport. Said maps shall accurately depict for public inspection the height limitations adopted hereafter.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

Editor's note— Ord. No. 4497, § 1, adopted January 7, 2008, repealed § 37-106, relating to approach surface height limitations, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

No manmade structure or object or natural growth shall exceed one hundred (100) feet in height, measured at the location of the structure or object, in the transitional surface and horizontal surface areas of the airport as depicted by the official Approach and Clear Zone Plan Map.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

(a)

Manmade structures that violate the provisions of this article are declared a public nuisance and constitute a misdemeanor as provided in section 37-193 of this chapter.

(b)

Objects of natural growth that violate the provisions of this article are declared a public nuisance and constitute a misdemeanor as provided in section 37-193 of this chapter.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

The purposes of the Airport Overlay Zones (AOZ) are to:

(a)

Prevent and minimize conflicts between the airport and surrounding land uses and development;

(b)

Ensure continued viability of the airport;

(c)

Implement the intents, goals, and objectives of the airport chapter of the Lewiston Comprehensive Plan;

(d)

Protect airspace and prevent aviation hazards pursuant to 14 CFR Part 77; and

(e)

Protect property rights and the public health, safety, and welfare.

(Ord. No. 4822, § 2, 10-11-21)

Sections 37-108.1 through 37-108.8 of this Code shall apply to all lands located within the boundaries of the airport overlay zones established herein and depicted on the City of Lewiston zoning map and shall apply to such lands in addition to the provisions of the underlying zoning districts and other provisions of this chapter, as may be applicable. In the case of conflicting provisions, the provisions of the AOZ shall apply.

(Ord. No. 4822, § 3, 10-11-21)

The following definitions shall be specific and applicable to the airport overlay zones only. Other terms used in provisions related to the airport overlay zones that are not defined in this section and are defined in section 37-3 of this Code shall apply to the airport overlay zones, in addition to the following defined terms. In the case of conflicting definitions contained in this section and those in section 37-3 of this Code, the definitions contained in this section shall apply.

Airport means the Lewiston-Nez Perce County Regional Airport.

Airport elevation means the highest point of the airport's usable runway measured in feet from mean sea level.

Aviation hazard means any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of the airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property, or as otherwise defined in Idaho Code § 21-501.

Height means the greatest distance measured between the highest point of natural grade or finished grade at the base of a structure to its highest point, whichever yields the greater distance.

Inner critical overlay zone (ICOZ) means an area rectangular in shape and centered about the extended runway centerline. The width is two thousand (2,000) feet and it extends a horizontal distance of five thousand (5,000) feet from each end of the primary surface. The purpose of the inner critical overlay zone is to protect aircraft approach and departure paths off the ends of the runway beyond the runway protection overlay zone (RPZ) and to enhance the protection of people and property on the ground, as described in the Idaho Airport Land Use Guidelines.

Land use, compatible means land use that tends to not result in the creation of hazards to flight operations, such as attracting birds, having upwardly projecting glaring lights, creating heavy smoke, or producing electronic aberrations in navigational guidance systems; and that is not intensive enough that it poses too great a risk for a large number of concentrated or vulnerable populations, and that is not noise-sensitive and neither adversely affects flight operations of the airport nor is itself adversely affected by such flight operations.

Land use, incompatible means land use that tends to result in the creation of hazards to flight operations, such as attracting birds, having upwardly projecting glaring lights, creating heavy smoke, or producing electronic aberrations in navigational guidance systems; or that is intensive enough that it poses too great a risk for a large number of concentrated or vulnerable populations, or that is noise sensitive.

Lateral safety overlay zone (LSOZ) means an area rectangular in shape and centered laterally about the runway centerline that is intended to enhance the protection of people and property on the ground adjacent to the sides of a runway. It extends two hundred (200) feet beyond each runway end and one thousand (1,000) feet from both sides of the runway centerline for a total width of two thousand (2,000) feet, as described in the Idaho Airport Land Use Guidelines.

Nonconforming structure or use means a structure or use of land that does not conform to the regulations of the airport overlay zones, but which was legally in existence at the time of the effective date of Ordinance No. 4822.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in the airport overlay zones and 14 CFR Part 77.

Outer critical overlay zone (OCOZ) means an area rectangular in shape and centered about the extended runway centerline. The width is one thousand (1,000) feet and the length extends a horizontal distance of up to five thousand (5,000) feet, but no less than three thousand (3,000) feet, from each end of the inner critical overlay zone. the purpose of the outer critical overlay zone is to protect aircraft approach and departure paths off the ends of the runway beyond the inner critical overlay zone and to enhance the protection of people and property on the ground, as described in the Idaho Airport Land Use Guidelines.

Runway means a defined area on the airport designed for landing and takeoff of aircraft along its length.

Runway protection overlay zone (RPOZ) means an area off the runway end used to enhance the protection of people and property on the ground. The runway protection overlay zone is trapezoidal in shape and centered about the extended runway centerline. The runway protection overlay zone dimension for a particular runway end is a function of the type of aircraft and approach visibility minimum associated with that particular runway end. The inner width of the runway protection overlay zone is the same as the width of the primary surface. The outer width of the runway protection overlay zone is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The applicable runway protection overlay zone dimensions are depicted on the airport layout plan (ALP) Sheet 2 of 20, and listed on the ALP Data Sheet 3 of 20 of the 2016 Lewiston-Nez Perce County Regional Airport Master Plan. This surface is further described in Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5300-13A, Airport Design.

Structure means any object constructed or installed by a person, including, without limitation, buildings, towers, smokestacks, and overhead transmission lines.

Traffic pattern overlay zone (TPOZ) means an area where aircraft are commonly operating for the purposes of landing and take-off at the airport, as depicted in the airport overlay zones map. It is based on the predominant usage of the category of aircraft forecasted to use the airport and the specific traffic patterns established by the airport, as described in the Idaho Airport Land Use Guidelines. For Runway 8/26, the Traffic Pattern Overlay Zone is an oval shape that extends approximately two (2) miles beyond each runway end and approximately two (2) miles south of the runway. For Runway 12/30, the traffic pattern overlay zone is an oval shape that extends approximately one (1) mile beyond each runway end and approximately one (1) mile southwest of the runway.

(Ord. No. 4822, § 4, 10-11-21)

The controlled area of the airport is divided into the following airport overlay zones, which are defined herein:

(1)

Runway protection overlay zone (RPOZ).

(2)

Lateral safety overlay zone (LSOZ).

(3)

Inner critical overlay zone (ICOZ).

(4)

Outer critical overlay zone (OCOZ).

(5)

Traffic pattern overlay zone (TPOZ).

(Ord. No. 4822, § 5, 10-11-21)

Within the airport overlay zones, uses of land and structures shall be permitted or not permitted pursuant to the airport overlay zone table set forth below; however, any use to be located on airport property shall be permitted in any airport overlay zones if written endorsement for such is provided by the airport authority board, not otherwise prohibited by the FAA, and permitted by the underlying zoning district. Where any land use allowed either by right or as a conditional use in the underlying zoning district conflicts with the allowable land uses set forth in the airport overlay zone table, the airport overlay zone table shall take precedence. Where any allowable land use conflict exists within the airport overlay zone table, the more restrictive of the conflicting zones shall take precedence. Where a more specific land use term is captured by/included in a more general, related land use term, the allowance or prohibition of the use shall be governed by the more specific term. Notwithstanding the land use allowances listed below, all land uses shall be subject to the height zone allowances and restrictions provisions of the AOZ.

(Ord. No. 4822, § 6, 10-11-21)

(a)

Airport height zones (height zones). In order to carry out the provisions of the airport overlay zones, there are hereby created and established certain height zones, which include all the land lying beneath the primary surfaces, approach and departure surfaces, transitional surfaces, horizontal surface, and conical surface, which have been established by 14 CFR Part 77 and are defined therein, and are depicted on the January 2016 Airport Master Plan's Airport Layout Plan (ALP) Sheets 8 through 16.

The various height zones are hereby established and defined below:

(1)

Nonprecision instrument approach zone: Runway 12/30. The inner edge of the nonprecision instrument approach zone for Runway 12/30 is the same width as the primary surface, which is five hundred (500) feet, and it expands uniformly to a width of three thousand five hundred (3,500) feet for a horizontal distance of ten thousand (10,000) feet at a slope of 34:1. Its centerline is a continuation of the extended runway centerline. The surface for which this zone underlies is depicted on Sheets 8, 11, 15, and 16 of the airport's ALP.

(2)

Nonprecision instrument approach zone: Runway 8. The inner edge of the nonprecision instrument approach zone for runway 8 is the same width as the primary surface, which is one thousand (1,000) feet, and it expands uniformly to a width of four thousand (4,000) feet for a horizontal distance of ten thousand (10,000) feet and upward at a slope of 34:1. Its centerline is a continuation of the extended runway centerline. The surface for which this zone underlies is depicted on Sheets 8, 11, and 12 of the airport's ALP.

(3)

Precision instrument runway approach zone (inner): Runway 26. The inner edge of the precision instrument approach zone (inner) for Runway 26 is the same width as the primary surface, which is one thousand (1,000) feet, and it expands uniformly to a width of four thousand (4,000) feet for a horizontal distance of ten thousand (10,000) feet and upward at a slope of 50:1. Its centerline is a continuation of the extended runway centerline. The surface for which this zone underlies is depicted on Sheets 8, 10, and 13 of the airport's ALP.

(4)

Precision instrument runway approach zone (outer): Runway 26. The inner edge of the precision instrument runway approach zone (outer) for Runway 26 begins at the outer edge of the precision instrument approach zone (inner) and is four thousand (4,000) feet wide. It expands uniformly to an outer width of sixteen thousand (16,000) feet for a horizontal distance of forty thousand (40,000) feet and upward at a slope of 40:1. Its centerline is a continuation of the extended runway centerline. The surface for which this zone underlies is depicted on Sheets 9 and 10 of the airport's ALP.

(5)

Instrument departure zone: All runways. The inner edge of the instrument departure zone begins at, and is the same elevation as, each runway end and is one thousand (1,000) feet wide. It expands outward uniformly at fifteen (15) degrees for a horizontal distance of ten thousand two hundred (10,200) feet to an outer width of six thousand four hundred sixty-six (6,466) feet and upward at a slope of 40:1 along the extended runway centerline. The surfaces for which this zone underlies is depicted on Sheets 12, 13, 14, 15 and 16 of the airport's ALP.

(6)

Transitional zone. The area projected beneath the transitional surface. The surfaces for which this zone underlies is depicted in yellow on Sheets 8 and 9 of the airport's ALP.

(7)

Horizontal zone. The area projected beneath the horizontal surface, which is one hundred fifty (150) feet above airport elevation. It does not include the approach and transitional zones. The surface for which this zone underlies is depicted on Sheets 8, 10, and 11 of the airport's ALP.

(8)

Conical zone. The conical zone begins at the outer edge of, and same elevation as, the horizontal surface, which is one hundred fifty (150) feet above airport elevation, and extends outward for a horizontal distance of four thousand (4,000) feet and upward at a slope of 20:1 to a height of three hundred fifty (350) feet above airport elevation. The surface for which this zone underlies is depicted on Sheets 8, 10, and 11 of the airport's ALP.

(b)

Airport height zone limitations and statement of disclosure. No structure shall be erected, altered, or maintained and no tree shall be allowed to grow into or above any height zone established herein and regulated by 14 CFR Part 77. Allowable structure heights within the airport overlay zones shall be pursuant to the underlying zoning district or the height zone set forth in the airport overlay zones, whichever is more restrictive. Section 37-159 of this Code, general exceptions to building height limitations, shall not apply to any structure located within the airport overlay zones.

Applicants submitting building permit applications for properties within the airport overlay zones shall be subject to the airport height zone limitations set forth herein. Such applicants shall submit to the community development department, prior to issuance of a building permit, a completed and signed statement of disclosure on a form provided by the community development department, wherein the property owner or legal representative thereof accepts sole and complete responsibility for, and releases the City of Lewiston from, any liability associated with compliance with 14 CFR Part 77, as determined by the Federal Aviation Administration (FAA).

Applicants submitting building permit applications for properties within the airport overlay zones are strongly encouraged to obtain FAA approval for compliance with 14 CFR Part 77 prior to obtaining a building permit and to submit such approval with their application for building permit. Such approval is recommended using the following process:

A preliminary slope calculation using the FAA Notice Criteria Tool, located at
https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm,

to determine if a project submitted by the applicant for a building permit exceeds the FAA notification criteria within the height zones. This step will inform the applicant if the proposed structure height results in the applicant having to file a notice under 14 CFR Part 77.9 to the FAA. If the online results show that the proposed structure exceeds the 14 CFR Part 77 notice criteria, then the proposed structure requires an aeronautical study to determine if it will exceed a standard of the 14 CFR Part 77 surfaces. The applicant shall be responsible for complying with 14 CFR Part 77.9.

(Ord. No. 4822, § 7, 10-11-21)

Aviation hazards shall be regulated in accordance with Idaho Code, Title 21, Chapter 5, as may be amended from time to time.

(Ord. No. 4822, § 8, 10-11-21)

(a)

The regulations of the airport overlay zones shall not require the removal or alteration of any use or structure not conforming to the regulations of the airport overlay zones at the time of the effective date of Ordinance No. 4822, with the exception of an aviation hazard identified by the State of Idaho, FAA, or airport, and identified in the current Airport Master Plan (2016) Obstruction Chart in Chapter Five - Airport Layout Plans or subsequent aeronautical surveys.

(b)

Nothing contained herein shall require a change in the construction, alteration, or intended use of any structure, which structure's construction or alteration commenced prior to the effective date of Ordinance No. 4822 and construction or alteration is being diligently pursued, with the exception of aviation hazards identified by the State of Idaho, FAA, or airport, and identified in the current Airport Master Plan (2016) Obstruction Chart in Chapter Five - Airport Layout Plans or subsequent aeronautical surveys.

(c)

Nothing contained herein shall preclude the vesting of a use and/or development right of a planned unit development agreement approved prior to the adoption of the effective date of Ordinance No. 4822.

(d)

The regulations of the airport overlay zones shall not prohibit the continuance, maintenance, repair, or reconstruction of, or the addition to, a nonconforming structure or use of structure, with the exception of an aviation hazard identified by the State of Idaho, FAA, or airport.

(e)

A nonconforming use of land not occupying a structure shall not be increased in intensity or expanded to occupy a greater area of land and shall only be changed to a conforming use.

(f)

The owner of a nonconforming structure or parts thereof that are not subject to the height limitations such as chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio, television and communication towers, masts, aerials, cooling towers, and other similar projections, is hereby required to install, operate, and maintain such markers and lights in accordance with FAA Advisory Circular 70/7460-1M, Obstruction Marking and Lighting, as indicators of aviation hazards or obstructions to the operators of aircraft. Such markers and lights shall be installed, operated, and maintained at the expense of the property owner.

(Ord. No. 4822, § 9, 10-11-21)

(a)

Purpose. To provide zoning for uses, buildings and structures in which port facilities may be installed and used for port or port-oriented development. Port facilities may include the following in accordance with the comprehensive plan for port development as adopted or amended by the Port of Lewiston, Idaho: Piers, wharves, cranes, derricks, railroad spurs, aprons, transit storage, dolphins, and other uses, buildings, and structures which may be compatible with and useful to the development of the port.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 54, 10-25-99)

In the "P" zone, the following uses and their accessory uses are permitted when they are in conformance with the standards and requirements of article IV of this chapter:

(1)

Auto, manufactured home, recreational, heavy equipment sales and service;

(2)

Boat sales and marina;

(3)

Chemical and fertilizer storage, blending and distribution facilities;

(4)

Commercial entertainment facility - indoor;

(5)

Commercial marina;

(6)

Commercial or industrial laundry;

(7)

Concrete or concrete products manufacturing;

(8)

Eating and drinking establishments;

(9)

General contracting and storage yard;

(10)

Grain storage;

(11)

Greenhouses and nursery;

(12)

Manufacturing, fabricating, processing, repairing, packing or storage except a use specifically listed as a conditional use in the M-2 Zone;

(13)

Mineral storage;

(14)

Mini-storage;

(15)

Offices;

(16)

Petroleum products storage and distributing facilities;

(17)

Port facilities as described above;

(18)

Public uses which uses are similar to other permitted uses in this zone;

(19)

Recycling center;

(20)

Retail sales and service;

(21)

Service station;

(22)

Solid waste handling facilities;

(23)

Repealed by Ord. No. 4742.

(24)

Repealed by Ord. No. 4742.

(25)

Tire recapping;

(26)

Transportation facilities;

(27)

Truck terminal;

(28)

Veterinary clinic or kennel;

(29)

Warehouse;

(30)

Wholesale distribution;

(31)

Wood processing plant;

(32)

Wood products storage.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4160, § 1, 6-3-96; Ord. No. 4249, § 55, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4387, § 5, 2-14-05; Ord. No. 4742, § 2U, 8-19-19)

In a "P" zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of articles IV and IX:

(1)

Other public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a public agency;

(2)

Semi-public use, or any use conducted by a private company or nonprofit organization that is substantially the same as or substantially similar to a use normally conducted by a semi-public agency;

(3)

Scrap metal storage;

(4)

Asphalt plant;

(5)

Meat packing plant excepting stockyards;

(6)

Cement manufacturing;

(7)

Chemical storage and manufacturing, including farm fertilizers;

(8)

Rendering plant;

(9)

Heliport;

(10)

Quarrying;

(11)

Other manufacturing uses which are not permitted outright but which are consistent with the purpose of the P zone and are not detrimental to any of the outright permitted uses or other existing conditional uses or any nearby residential uses.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4160, § 2, 6-3-96; Ord. No. 4249, § 56, 10-25-99; Ord. No. 4799, § 24, 3-8-21)

In a "P" zone, the following limitations on use shall apply:

(1)

Any use which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited.

(2)

Materials shall be stored and grounds maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

(3)

All service, processing, and storage on property abutting or facing a residential zone or a through highway shall be wholly within an enclosed building or screened from view from the residential zone or a through highway by a permanently maintained, sight obscuring fence at least eight (8) feet high.

(4)

Access from a public street to properties in the "P" zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets.

(5)

Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise, or otherwise adversely affect the use or value of the adjacent property.

(6)

Effluent from permitted uses cannot be returned to the rivers without prior treatment or processing to insure compliance with existing city ordinances and state and federal pollution control standards.

(Ord. No. 4108, § 2, 8-15-94)

Purpose. The purpose of the billboard overlay zone is to permit the construction and maintenance of billboards in limited areas within the city according to specified standards.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Any billboard constructed hereunder shall be located adjacent to a roadway designated as part of the billboard overlay zone according to the official zoning map of the City of Lewiston and in a location approved by the planning and zoning commission.

(b)

A conditional use permit shall be required to construct a billboard. An applicant shall apply for a conditional use permit as provided in article IX of this chapter. In determining whether to grant or deny a conditional use permit for a billboard, the planning and zoning commission shall consider compliance with the standards contained in chapter 30 of this Code; whether the billboard would substantially block the view of any existing sign from the public right-of-way; and, if the billboard is an illuminated sign, whether the billboard complies with industry practices for eliminating or reducing up-lighting and light trespass. For purposes of this section, billboard, sign, public right-of-way, and illuminated sign shall have the same meanings as defined in chapter 30 of this Code.

(c)

The construction, modification, repair, and demolition of a billboard shall comply with the provisions and procedures set forth in chapter 30 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4692, § 14, 10-30-17)

Purpose. Contract zoning agreements are development agreements which are a discretionary tool to be used by the city but differentiated from a planned unit development, and authorized pursuant to Idaho Code § 67-6511A. Contract zoning agreements may allow a specific project with a specific use and/or development scheme on real property in an area which may not be appropriate for all uses allowed or conditional uses in the requested zone. Approval of the contract zoning agreement, pursuant to this article, would permit the zoning or rezoning requested but such zoning or rezoning will be conditioned on the performance of the provisions and terms of the contract zoning agreement. No contract zoning agreement shall be enacted which would allow permitted uses or conditional uses for the zone which would not otherwise be allowed in that zone.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4872, § 8, 3-13-23)

(a)

A contract zoning agreement may be permitted or required at the discretion of the planning and zoning commission and the city council for the zoning or rezoning of a particular parcel of real property or collection of parcels of real property through the following methods:

(1)

Application of the owner or developer of the real property;

(2)

Upon recommendation of the community development director at any stage during the zoning or rezoning process, whether or not the developer made application for a contract zoning agreement;

(3)

By decision of the commission or the council at any stage during the zoning or rezoning process, whether or not the owner or developer made application for a contract zoning agreement or it was recommended by the community development director.

(b)

The commission or the council may require a contract zoning agreement be executed to allow a particular project to proceed, if, in the opinion of the commission or council:

(1)

The proposed land use zone would allow undesirable land uses or development schemes for the character of the real property in question or the surrounding neighborhood; and

(2)

The specific project and/or use contemplated by the application before the commission or council has value to the community and is an appropriate project or use for the real property.

(c)

In the event, during the zoning or rezoning process, the commission determines that a contract zoning agreement should be entered into, the commission shall retain jurisdiction of the zoning or rezoning process, defer consideration of the application before the commission and set a time limit for the submittal of the contract zoning agreement.

(d)

In the event, during the zoning or rezoning process, the council determines that a contract zoning agreement should be entered into, the council shall remand the matter back to the commission for submittal of the contract zoning agreement, set time limits for the submission of the contract zoning agreement and give whatever direction to the commission as it deems appropriate.

(e)

All time limits set pursuant to this section may be extended upon an affirmative vote of the commission or council.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Agreement between city and developer. Prior to the approval by the city council of the contract zoning agreement, the developer or owner shall execute an agreement between himself and the city which shall be reviewed and approved for form by the city attorney prior to action by the city council and shall address the following:

(1)

Identification of uses to be allowed under the contract zoning agreement;

(2)

Identification of development standards that shall be required under the contract zoning agreement;

(3)

Planned implementation of improvements and planned construction schedule.

(b)

Adherence to approved plans. The improvements and standards approved in the contract zoning agreement shall be constructed as approved unless an amendment to the agreement is approved by the city council;

(c)

Disposition of abandoned or uncompleted work. The agreement shall identify means by which the project may be completed if abandoned or uncompleted under the original agreement.

(d)

Any other matter mutually agreeable to the council and developer.

(e)

A provision that failure to comply with the terms of the contract zoning agreement shall be deemed a consent of the owner and developers to rezone the real property to the initial zone existing immediately prior to the execution of the contract zoning agreement or to any zone recommended by the commission and approved by the council to reflect changes that may have occurred in the land uses since the approval of the contract zoning agreement.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Contract zoning agreements may be approved at the sole discretion of the city council following a public hearing on the related zone change application.

(b)

After the public hearing the commission or the council may add conditions and terms to the contract zoning agreement.

(c)

After approval of the contract zoning agreement by the council, it shall not become effective until adoption and publication of the zone change ordinance and execution of the contract zoning agreement by all parties.

(d)

Following approval and execution of the contract zoning agreement, the city clerk shall cause said contract zoning agreement to be recorded in the office of the Nez Perce County Recorder. The contract zoning agreement and all conditions, terms, duties and obligations included in said agreement shall be an encumbrance on the real property

(Ord. No. 4108, § 2, 8-15-94)

An owner, co-owner, developer, agent of owner or developer, assignee of owner or developer and all subsequent owners or developers of the real property that is encumbered by the contract zoning agreement shall comply with all conditions, terms, obligations, and duties contained in said agreement. Failure to comply shall subject the real property to the provisions of section 37-121 and section 37-122 of this chapter.

(Ord. No. 4108, § 2, 8-15-94)

Contract zoning agreement may be modified in the sole discretion of the city council upon proper notification of the owner or developer and after public hearing and notice as required by section 37-184(b)(2) of this chapter. A modification shall not allow a use that is not an outright use or conditional use in the existing land use zone of the real property as set forth in the contract zoning agreement.

(Ord. No. 4108, § 2, 8-15-94)

(a)

Upon a preliminary finding by the city council of noncompliance of a contract zoning agreement by the owner or developer of real property encumbered by said agreement, the council shall establish a date for a public hearing on said noncompliance. Notice of said public hearing shall be given pursuant to section 37-184(b)(2) of this chapter.

(b)

After the public hearing the city council, in its sole discretion, shall adopt, by majority vote, a written decision with appropriate findings. The decision of the council shall:

(1)

Find the owner and/or developer is in compliance with the contract zoning agreement and find that said agreement shall continue in force, or

(2)

Find the owner and/or developer is in noncompliance and direct the owner and/or developer to make a proper application to modify the contract zoning agreement as provided in section 37-120 of this chapter, or

(3)

Find the owner and/or developer is in noncompliance and terminate the contract zoning agreement.

(c)

In the event the city council terminates the contract zoning agreement, the city council shall adopt an ordinance reverting the real property that was encumbered by the contract zoning agreement to the initial land use zone applicable to the real property prior to the adoption of the contract zoning agreement. All uses which are not consistent with said initial zone shall cease and shall not be considered a pre-existing use. The owner or developer may apply for a conditional use permit for uses which are allowable conditional uses in said initial zone.

(Ord. No. 4108, § 2, 8-15-94)

Contract zoning agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, monetary damages, criminal penalties and/or termination as provided in section 37-121 of this chapter. Enforcement options available to the city shall not be considered exclusive.

(Ord. No. 4108, § 2, 8-15-94)