(a)

Uses designated in this chapter as conditional uses may be permitted upon authorization by the commission in accordance with the standards and procedures established in this article. The commission may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which it considers necessary to protect the best interests of the surrounding property or the city as a whole. Those conditions may include, but are not limited to:

(1)

More restrictive standards than generally required, such as increased lot or yard size, with limitations or increased parking space requirements;

(2)

Minimizing adverse impacts, such as limiting the number, size and location of signs and requiring screening, diking, fencing or landscaping;

(3)

Controlling the timing, sequence, and duration of development;

(4)

Designating the exact location and nature of development and assuring that it is maintained properly;

(5)

Requiring the provision of on-site or off-site public facilities.

(b)

Pursuant to Idaho Code § 67-6512(f), exceptions or waivers of standards, other than use, in this chapter may be permitted by the commission through issuance of a conditional use permit only when the exceptions or waivers of standards are incidental to the conditional use permit being considered by the commission.

(c)

The commission shall consider the following relevant criteria and standards when considering whether to grant a conditional use permit and/or an exception or waiver of standard that is incidental to a conditional use permit:

(1)

The proposed use (will/will not) result in conditions that will tend to generate nuisances (including but not limited to noise, dust, glare, vibrations, odors and the like) or, if so, that any anticipated nuisances will be appropriately mitigated.

(2)

The proposed use (is/is not) a public necessity (and/but) (is/is not) justified by the applicant and deemed to be of benefit to the public.

(3)

The character of the proposed use, if developed according to the plan as submitted, (will/will not) be in harmony with the area in which it is to be located.

(4)

The proposed use (will/will not) endanger the environment or the public health or safety.

(5)

The proposed use (will/will not) be in substantial conformance with the comprehensive plan.

(d)

Any use which is granted and permitted as a conditional use in a particular zone under the terms of this chapter shall be deemed to be a conforming use in said zone. A use existing prior to August 15, 1994, and which is classified in this chapter as a conditional use, shall be considered a conforming use. Any future change or alteration in existing structures shall be permitted outright, provided required permits are obtained and standards complied with. Any change in use shall be subject to the regulations of the zone in which it is located.

(e)

Any increase in lot area for a use allowed by conditional use shall require the approval of the planning and zoning commission in the same manner as the original application.

(f)

Upon approval by the planning and zoning commission of the findings of fact, conclusions of law and decision, those decisions that create uses that may be transferred with the land shall be filed on record in the office of the Nez Perce County recorder.

(g)

Authorization of a conditional use shall be void after twelve (12) months unless:

(1)

A building permit pursuant thereto has been applied for;

(2)

Where no building permit is required, the intent of the conditional use has been fulfilled; or

(3)

Substantial progress towards completion of the project has been accomplished, as determined by the community development director.

(h)

The community development director may extend the expiration date of a conditional use permit to six (6) months upon written request of the applicant. The decision to grant or deny the extension shall be based on the following criteria:

(1)

Application for extension is received prior to the expiration date;

(2)

The conditional use remains consistent with the comprehensive plan and conditional uses allowed with the zone;

(3)

The applicant can show progress towards establishing the conditional use;

(4)

The applicant can show that circumstances specific to the conditional use and beyond the applicant's control warrant an extension of time.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4530, § 1, 4-27-09; Ord. No. 4631, § 1, 7-13-15; Ord. No. 4651, § 1, 2-22-16)

(a)

A property owner or his agent may initiate a request for a conditional use or for the modification of an existing conditional use by filing an application with the community development department on forms prescribed in article XIII. The application shall be submitted at least twenty (20) working days prior to the meeting at which it will be considered. The application for a conditional use shall be accompanied by a site plan drawn neatly and accurately and to an appropriate scale showing at least the following items:

(1)

Property lines;

(2)

Street address or legal description;

(3)

Zoning of the property;

(4)

Setbacks measured from the property lines;

(5)

All building locations, size of buildings and overhangs;

(6)

Driveways and parking spaces;

(7)

Landscaping;

(8)

The size, location and nature of the requested use;

(9)

The location and size of all existing and proposed signs;

(10)

Location of solid waste disposal and collection facilities;

(11)

Other information, as directed by the community development department, necessary to fully explain and describe the nature of the request.

(b)

The general site plan, as approved or modified by the commission, shall be made a part of the applicant's file and all construction and development shall comply with the conditions of approval set by the commission as well as all applicable city codes. Nothing in this general site plan approval shall be interpreted as allowing the owner or applicant variation from current ordinances that were not specifically addressed at the time of permit approval.

(Ord. No. 4108, § 2, 8-15-94)

Before the commission shall act upon a request for a conditional use, it shall hold a public hearing pursuant to section 37-184 of this chapter.

(Ord. No. 4108, § 2, 8-15-94)

A conditional use shall comply with the standards of the zone in which it is located, except as the planning and zoning commission may modify these standards in authorizing the conditional use or as otherwise provided as follows:

(1)

Adult bookstores, adult theaters and adult entertainment facilities. The City of Lewiston planning and zoning commission may authorize an adult bookstore, adult theater, or adult entertainment facility within the appropriate zone as a conditional use only when the subject structure, building, place or portion thereof is located more than one thousand two hundred (1,200) feet from all residential zoning districts within the city, is located more than one thousand two hundred (1,200) feet from all educational facilities for minors, places of worship, city parks or playgrounds, or public meeting facilities catering substantially to minors. The planning and zoning commission shall review each application for a conditional use permit for adult bookstores, adult theaters, or adult entertainment facilities and shall cause the use of the property to be restricted in such a manner that the intended use shall be properly, adequately landscaped and that all signage for the facility shall be limited in size so as to be unobtrusive and compatible with adjoining land uses.

(2)

Repealed by Ord. No. 4742.

(3)

Churches. The planning and zoning commission may authorize a church as a conditional use, if, in its judgment, the size of the site is adequate for the intended use, access to the site is adequate, and the surrounding property will not otherwise be adversely affected. 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.

(4)

Multifamily dwelling. Where permitted as a conditional use, all standards for multifamily dwellings required of this chapter shall be met, and:

a.

For multifamily dwellings exceeding one (1) story:

1.

Side yards shall be twice that required in the zoning district; or

2.

Side yards may be those required in the zoning district where the structure is designed such that the second story wall begins at least twenty (20) feet from the property line.

b.

No more than fifty (50) percent of required parking for a multifamily dwelling may be allowed in the front of the building. For purposes of this requirement, the front of the building shall be that closest to street frontage(s). The planning and zoning commission or the city council may, as a condition of approval, require recreational and boat parking or additional open space.

(5)

Repealed by Ord. No. 4354.

(6)

Medical or dental clinic. The planning and zoning commission may authorize a medical or dental clinic as a conditional use in a residential zone when the location does not conflict with the established character of the neighborhood. In general, the planning and zoning commission will encourage a grouping of medical facilities in locations convenient to hospitals and which are located on arterial or collector streets and on the periphery of neighborhoods, rather than in their midst.

(7)

Public utility. In considering an application for a public utility use, the planning and zoning commission shall determine that the site, easement, or right-of-way is located so as to best serve the immediate area, and in the case of a right-of-way easement will not result in the uneconomic parceling of land. As far as possible, transmission towers, poles, overhead wires, pumping stations, and similar gear shall be so located, designed, and installed as to minimize their effect on scenic values and interference in radio and television receivers in the vicinity.

(8)

Wrecking yard or junkyard. A wrecking yard or junkyard shall be enclosed by a sight-obscuring fence not less than eight (8) feet high. A five-foot minimum buffer strip is required between the yard and the public right-of-way or residential zone or use with a minimum of one (1) one and one-fourth-inch caliper shade tree and five (5) shrubs every thirty-five (35) linear feet. When the use abuts a residential zone or use, the required yard shall be a minimum of sixty (60) percent coniferous plants, a minimum of six (6) feet in height at the time of planting, spaced in a manner to create a complete visual screen.

(9)

Individual minimum five thousand (5,000) square foot lots.

a.

Minimum lot size shall be five thousand (5,000) square feet with a minimum lot width of fifty (50) feet and minimum lot depth of eighty (80) feet.

b.

Two (2) family units constructed so as to share a common or adjoining side wall shall be allowed to be legally split into two (2) minimum five thousand (5,000) square foot lots, provided all other setback and design criteria have been met. The side yard opposite the zero-lot line shall be a minimum of fifteen (15) feet.

c.

Setbacks and other design criteria shall be consistent with the zone except as otherwise stated.

d.

Maximum lot coverage shall be forty (40) percent.

e.

Accessory buildings shall be limited to twenty (20) percent of the total lot area and at no time shall more than fifty (50) percent of the floor area of all structures on the lot be accessory uses.

f.

When applying for a building permit, the owner shall present a verification of survey stakes or a resurvey. He shall also show the present or future location of the garage and access drive.

g.

Neighborhood compatibility must be proven. Any proposal which radically or adversely affects the density, typical pattern of development or style of housing will not be permitted.

(10)

Heliports.

a.

Definitions.

Helicopter means a rotary wing aircraft that depends principally upon the lift generated by one (1) or more power-driven rotors rotating on substantially vertical axes for its support and motion in the air, capable of hovering and flying backward and sideways in addition to forward flight.

Heliport means an area, either at ground level or elevated on a structure, used for the landing and take-off of helicopters.

Helistop means a minimum facility heliport, either at ground level or on a structure, without such auxiliary facilities as a waiting room hangar, parking, fueling and maintenance.

Landing and take-off area means that specific area in which the helicopter actually lands and takes off, including the touchdown area.

Obstruction clearance slopes means imaginary planes leading outward and upward from the take-off and landing area at angles compatible with the flight characteristics of the helicopter and the type of operations anticipated.

Peripheral area means a safety zone that provides an obstruction-free area on all sides of the landing and take-off area.

Touchdown area means that part of the landing or take-off area where it is preferred that the helicopter alight.

b.

Classification of heliports.

1.

Public use. A heliport shall be classified public when it is used for transportation by the general public.

2.

Private use. A heliport that is used privately for a special-use facility without scheduled air taxi operations for the public shall be classified private.

3.

Classes of heliports shall be as follows:

A.

Class I - Private.

B.

Class II - Public (small).

C.

Class III - Public (large).

4.

Subclassification of heliports is based upon support facilities and shall be as follows:

A.

Subclass A: Minimum support facilities - No buildings, maintenance or fueling.

B.

Subclass B: Limited support facilities - No maintenance or fueling.

C.

Subclass C: Complete support facilities - Including maintenance and fueling.

c.

General site considerations. For the purposes of reviewing heliport sites under conditional use, the planning and zoning commission shall encourage approach-departure paths over watercourses, beaches, parks, golf courses, industrial areas, vacant land or highways with minimum amount of obstructions. Highly populated areas including residential developments, playgrounds, schools and shopping districts shall not be used for approach-departure paths to the heliport.

d.

Heliport dimensions.

1.

The length and width of the landing and take-off area shall be one and five-tenths (1.5) times the overall length of the helicopter.

2.

The peripheral area surrounding the landing and take-off area shall have a minimum width of one-fourth (¼) the overall length of the helicopter, but not less than ten (10) feet.

3.

A safety barrier along the outside edge of the peripheral area shall consist of a chain link fence constructed to three (3) feet in height which shall be the minimum and maximum height. A heliport used for private use shall not be required to construct the safety barrier if the heliport property is enclosed within a security fence.

4.

No heliport shall be constructed or continued to be operated where the touchdown area is located within a horizontal distance to the nearest building as measured on an obstruction clearance slope ratio of two (2) feet distance to one (1) foot height of the nearest building except for structures built for the operation of any heliport. A touchdown area for a heliport located on a building roof shall have either the same or a higher elevation of the nearest building as measured on the obstruction clearance slope ratio of two (2) feet distance to one (1) foot height.

5.

The landing and take-off area shall be paved with plant mix asphalt or Portland cement concrete.

e.

Conditional use for heliport. The planning and zoning commission may grant a conditional use permit for a heliport for a period of five (5) years, which shall be reviewed by the planning and zoning commission within six (6) months of its expiration. The commission is hereby authorized to terminate the conditional use permit upon such review should land use development within the vicinity warrant revocation at the expiration of the initial five-year period.

(11)

Ravines and drainageways.

a.

Open drainage channels defined as category B drainages within section 37-3 of this Code shall not be altered, improved, or relocated without approval of the Lewiston planning and zoning commission. Improvements may include the use of pipes, culverts, or concrete lining.

1.

Requests for alteration, improvement or relocation of a category B drainage shall be submitted with drawings of improvements or alterations, and a statement that the estimated flow of storm water will be maintained throughout the channel. The drawings and statement shall be signed and stamped by an engineer registered in the State of Idaho.

2.

The city engineer shall review requests for alteration, improvement or relocation within fifteen (15) working days of complete submittal. Complete submittal shall include:

A.

Proof of application for a section 404 permit from the Army Corps of Engineers or a letter from the Corps of Engineers stating no permit is required;

B.

Proof of application for a stream channel alteration permit from the Idaho Department of Water Resources or a letter from the Department of Water Resources stating no permit is required; and

C.

Proof of compliance with the City of Lewiston's National Pollutant Discharge Elimination System (NPDES) permit or Idaho Pollutant Discharge Elimination System (IPDES) permit, as applicable.

3.

The city engineer shall make a recommendation to the planning and zoning commission within forty-five (45) working days of complete submittal.

4.

The planning and zoning commission shall approve or deny a conditional use permit for the proposed alteration, improvement or relocation at a public hearing as provided in article XIII of this chapter. The commission may consider impacts of the proposed project on upstream property owners, water quality, wildlife habitat, and other considerations pertinent to the site and the proposed project. The commission may request documentation of land use impacts, both existing and proposed, through studies, presentations, or other documents, and may require said documentation to be stamped and signed by professionals deemed qualified by the commission.

5.

Open drainage channels that meet the definition of waters of the U.S. as determined by the Army Corps of Engineers shall not be altered, improved, or relocated without a Department of the Army permit and a stream channel alteration permit issued by the State of Idaho, or a letter of "no permit required" from both agencies.

b.

Ravine/drainageway standards.

1.

Grading standards for alteration, excavation, fill, relocation, or modification of drainageways identified in the Lewiston Stormwater Master Plan shall be those standards provided in the 1997 Uniform Building Code, Appendix Chapter 33, Excavation and Grading, except that Sections 33.6.2 and 3310 shall not apply.

2.

All slopes disturbed by project grading, including on-site slopes which are not necessary for construction staging, shall be reseeded with native shrubs, grasses, etc., consistent with recommendations from a qualified erosion control professional, or an equivalent approved by the community development director. Reseeding shall be completed within three (3) months of completion of final grading. These areas shall be bonded to ensure proper reestablishment of the vegetation, with temporary irrigation if deemed necessary based on seed mix and time of year.

3.

An erosion control plan meeting requirements of the City of Lewiston's National Pollutant Discharge Elimination System (NPDES) permit or Idaho Pollutant Discharge Elimination System (IPDES) permit, as applicable, shall be submitted to the public works director for review and approval.

4.

Drainageways will not be piped and/or filled unless there are no alternatives.

5.

Engineered improvements to the drainageway shall emphasize reducing erosion, improving water quality, and controlling velocities.

(12)

Class B manufactured homes on individual building lots.

a.

No class B manufactured home shall be allowed on any individual building lot within the City of Lewiston unless the class B manufactured home has been inspected and approved by the United States Department of Housing and Urban Development (HUD) and bears the seal of that department, and the planning and zoning commission of the City of Lewiston, Idaho, shall find that approval of the application for a conditional use permit will be compatible with the general character of the neighborhood or to the property values of other property within the neighborhood. In making its determination, the commission shall consider at least the following criteria:

1.

Existence of other similar class B manufactured homes in the neighborhood within three hundred (300) feet of the proposed location.

2.

The general character of the neighborhood within three hundred (300) feet of the proposed site, including the existing land uses, compatibility of types and types and styles of buildings and condition of housing.

b.

Approval of a conditional use permit application shall be conditional upon the applicant complying with the following requirements:

1.

The class B manufactured home shall be permanently attached to the real property of the lot upon which the manufactured home is situated by anchoring the manufactured home to a concrete foundation, removing the tongue and wheels from the manufactured home and installing skirting around the entire circumference of the manufactured home.

2.

A building permit for the placement of the class B manufactured home on the foundation on the lot shall be obtained from the community development department of the City of Lewiston.

3.

A certificate of occupancy for the Class B manufactured home shall be obtained from the community development department of the City of Lewiston.

(13)

Repealed by Ord. No. 4573.

(14)

Home occupations not specifically enumerated in article VI of this chapter, home occupations.

a.

Within fifteen (15) days of application for a home occupation not specifically enumerated in article VI of this chapter, home occupations, the community development director shall determine if the proposed home occupation is substantially similar to uses listed in section 37-142 of this Code, home occupations not permitted.

b.

If the community development director determines that the proposed home occupation is substantially similar to uses listed in section 37-142 of this Code, and not allowed, the application will be administratively denied.

c.

If the community development director determines that the proposed home occupation is not similar to uses listed in section 37-142 of this Code, the planning and zoning commission shall consider the application at the next regularly scheduled public hearing date.

(15)

Kennel standards.

a.

Where kennels are permitted as a conditional use, the following standards shall apply:

1.

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;

2.

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

3.

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

4.

All 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;

5.

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-inch caliper deciduous tree or one (1) six-foot evergreen tree and five (5) one-gallon shrubs per thirty-five (35) linear feet.

(16)

Manufactured homes as sales offices.

a.

Manufactured home units, bearing the seal of the U.S. Department of Housing and Urban Development, or commercial coach units may be used for office space only for used car sales lots and manufactured home sales offices in commercial zones upon approval of a conditional use permit.

1.

The manufactured unit shall not be used as a residence;

2.

The manufactured unit shall be skirted in accordance with section 23-13 of this Code; skirting shall be kept in reasonable repair;

3.

The manufactured unit shall be placed at least twenty (20) feet from all property lines;

4.

Parking lots and travelways serving the unit shall be in accordance with provisions of article VII of this chapter;

5.

The permit shall be personal to the applicant, shall not run with the land, and shall not be transferred to a future buyer of the property or business without a conditional use permit approved by the planning and zoning commission.

(17)

Replacement of nonconforming commercial uses in residential zones. Where replacement of a nonconforming commercial use is permitted in a residential zone, the following standards shall apply:

a.

A restored commercial building shall meet all yard and setback requirements for the zone.

b.

A restored commercial building shall not exceed the square footage of the original building footprint, except as provided herein for energy conservation.

c.

A restored commercial building shall be consistent with the prevailing architectural character of the neighborhood as determined by the planning and zoning commission. For purposes of commercial replacement in a residential zone, a neighborhood shall be defined by all the residential structures within three hundred (300) feet of the restoration site, or an area to be determined by the commission.

d.

Restored commercial buildings shall provide adequate parking as determined by the planning and zoning commission. Parking lots shall meet all landscaping requirements of parking lots.

e.

Area lighting shall meet or exceed standards established by the National Electrical Code, shall be downlit, shielded from above, and shielded from the sides with house side shields.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 57, 10-25-99; Ord. No. 4322, § 3, 12-9-02; Ord. No. 4328, § 4, 3-24-03; Ord. No. 4344, § 3, 11-17-03; Ord. No. 4354, § 3, 3-29-04; Ord. No. 4393, § 8, 3-14-05; Ord. No. 4399, § 2, 7-11-05; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 16, 7-13-09; Ord. No. 4573, § 1, 2-27-12; Ord. No. 4630, § 1, 7-13-15; Ord. No. 4692, § 17, 10-30-17; Ord. No. 4742, § 2V, 8-19-19; Ord. No. 4747, § 1, 8-26-19; Ord. No. 4841, § 21, 11-14-22)

Editor's note— Ord. No. 4249, § 58, adopted October 25, 1999, repealed § 37-164, relating to standards governing neighborhood commercial conditional uses, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Editor's note— Ord. No. 4283, § 5, adopted April 9, 2001, repealed § 37-165, relating to variances for existing businesses, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.