Minidoka City Zoning Code
CHAPTER 7
PERFORMANCE STANDARDS
8-7-1: PURPOSE AND CONDITIONS:
The purpose of performance standards is to set specific conditions for various uses and classifications of uses of areas where problems are frequently encountered. (Ord. 2016-09-13-J, 9-13-2016)
8-7-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:
In addition to all yard regulations specified in the schedule of zoning regulations and in other sections of this title, the following provision shall be adhered to:
A. Visibility At Intersections: On a corner lot in all districts where front and side setbacks are required, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets in the area bounded by the right of way lines of such corner lots and a line adjoining points along said street right of way twenty five feet (25') from the point of intersection.
B. Fence And Wall Restrictions In Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of two and one-half feet (21/2') and ten feet (10').
C. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire groups as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate district.
D. Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district, except that the minimum yard requirements may be reduced if acceptable landscaping, screening or other mitigating feature approved by the commission is provided.
E. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard. Eaves of two feet (2') or less shall be disregarded for setback purposes.
F. Exceptions To Height Regulations: The height limitations contained in the official schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structure will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.
G. Residential Uses In Nonresidential Zones: Lots used for residential purposes in nonresidential zones shall be governed by setback and land use restrictions of lots in residential zones found in Chapter 6, Schedule of Land Use Regulations, found in this title.
H. Buildings Adjacent To Snake River: Buildings adjacent to the Snake River:
1. Will have a minimum setback measured horizontally from the high water mark of any impounded water of the Snake River of a sixty foot (60') setback in unincorporated areas and twenty foot (20') setback in incorporated areas.
2. Will have a minimum elevation for any finished floor level or top of foundation of six feet (6') measured vertically from the high water mark of any impounded water of the Snake River.
3. Will have a minimum elevation for the finish surface grade of the general area of which the septic system drainfield will be installed, of six feet (6') measured vertically from the high water mark of any impounded water of the Snake River. The septic system drainfield shall also be located on the opposite side of the building from the river, unless located no less than three hundred feet (300') horizontally from the high water mark of the river. (Ord. 2016-09-13-J, 9-13-2016; amd. Ord. 2019-11-18, 11-18-2019)
8-7-3: SUPPLEMENTAL GENERAL PROVISIONS:
In addition to all other regulations as specified in this title, the following provisions shall be adhered to:
A. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:
1. The building to be converted is located in a zoning district that permits the applicable multi-family use;
2. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
3. The lot area per unit equals the lot area requirements for new structures in that district;
4. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
5. The conversion is in compliance with all other relevant codes and ordinances.
B. Temporary Buildings And Concession Stands: Temporary building, construction trailers, equipment and materials may be used in conjunction with construction work in progress, but such temporary facilities shall be removed upon completion of the construction work. Temporary living accommodations shall not be permitted at a construction site unless approved by the administrator, proper permits are obtained and approved, and the temporary unit is removed immediately upon completion of the construction project. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the administrator. Concession stands may not be located on private property in any residential zone.
C. Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building or carport; however, one boat and one travel trailer may be stored in the side or rear yard.
D. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid or sight obscuring fence or wall of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided.
E. Permits For Private Septic Systems Required: All persons putting in private septic tanks and drainfields shall first obtain a sewer system permit from the health authority before building and zoning permits may be issued. All septic systems shall be installed to the requirements as established by the state, federal, and local governments and as administered by the health authority. Septic tanks and drainfields are not permitted where city sewer service is reasonably available.
F. Development Close To Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas as required by the state department of transportation, division of aeronautics and public transportation, and the federal aviation administration. (Ord. 2016-09-13-J, 9-13-2016)
8-7-4: COMMERCIAL AND INDUSTRIAL USES:
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards are implemented to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:
A. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the adopted fire code and the National Fire Protection Association standards.
B. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point. No electrical disturbance shall adversely affect the operation of any equipment at any point beyond the property of the emitter of such disturbance.
C. Noise: Objectionable noise as determined by the administrator, which is objectionable due to volume, frequency or beat, shall be muffled or otherwise controlled. Sirens and similar apparatus used solely for public purposes are exempt from this requirement.
D. Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
E. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority.
F. Glare: No direct or reflected glare shall be permitted which is directed toward and visible from any property outside a manufacturing district or from any street.
G. Erosion: No erosion, by man, wind, or water, shall be permitted which will carry objectionable substances onto neighboring properties.
H. Water Pollution: Water pollution shall be subject to the requirements and regulations established by state and federal law.
I. Enforcement Provisions: The administrator, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
J. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the United States bureau of mines, the health authority and the Manufacturing Chemists Association, Inc., Washington, D.C. (Ord. 2016-09-13-J, 9-13-2016)
8-7-5: GRAVEL PITS; MINING ACTIVITIES:
A. A minimum setback of thirty feet (30') is required from any road right of way to top edge of any mining pit.
B. A minimum setback of ten feet (10') is required from any interior or rear property line to top edge of any mining pit, unless otherwise agreed by the adjacent property owner. Such agreement shall be signed, notarized and recorded.
C. A maximum of one to one (1:1) slope will be maintained with backfill on perimeter edges of the mining pits immediately following the extraction process.
D. A buffer shall be established between the mining operation pits and adjacent residential uses, county roads, state roads, or highways. Allowable buffer materials would consist of earthen berms, hedges, rows of trees, or other fast growing foliage that will obscure the sight of the mining operation from adjoining roads or residences. Residential development by the operator/owner may be used as the buffer from roads and other residences, this buffer must be in place and established as a visual buffer before the mining operation comes within two hundred feet (200') of the boundary.
E. A plan which details the type of buffer materials and estimated time schedule and plan for implementation shall be submitted and approved during the special use permit approval.
F. Safety fencing or other physical barriers as approved by the administrator shall be erected around all pits. Temporary warning style fencing material or other approved physical barrier with warning signs or materials will be allowed on the sides that are continually moving because of the mining operation.
G. Prior to mining activity, security access gates shall be installed and maintained to discourage trespass and dumping in the pit areas.
H. Operating hours shall be limited to six o'clock (6:00) A.M. to eight o'clock (8:00) P.M. Mondays through Saturdays. No operations will be permitted on Sundays or major holidays. Variations of these operating hours may be approved with conditions upon the granting of the special use permit.
I. Gravel crushing operations shall be confined and localized to the bottom of the pit unless otherwise approved by the commission at the granting of the special use permit.
J. No concrete batch plants or other heavy equipment associated with the ready mix concrete industry or salvaged equipment shall be located or stored at site or in the pit. A special use permit shall be obtained to set up and operate a temporary batch plant.
K. Any fueling shall be done from operable fuel vehicles or tanks with approved leakage containment systems and approved by the local fire chief.
L. No standing water shall be permitted in the pits, except what is created by natural precipitation and runoff or that is created or being used in the gravel mining, washing, and screening processes.
M. A plan addressing the extent and method of rehabilitation and reclamation shall be determined in advance of issuing the special use permit, and approved by the Idaho state department of lands, with due consideration given to what is suitable and compatible with the surrounding area.
N. The following shall be minimum reclamation standards:
1. Reclamation of mined areas shall commence immediately after the extraction process has ended, or mined area exceeds thirty (30) acres.
2. The date the extraction process shall be deemed terminated will be computed in the following manner: When ninety percent (90%) of the approved minable area has been mined, the allowable additional time for pit termination will be calculated by dividing remaining area by one-half (1/2) the average annual extraction rate measured by surface area. The average annual extraction rate shall be determined by dividing the area mined by age of the pit or the time it took to mine the given area.
3. The mined areas shall be completely reclaimed within one year after the extraction process has been terminated unless the area is used for stockpiles.
4. In cases where stockpiles exist in depleted areas, the pits shall be completely reclaimed to the full extent possible until the last stockpile is removed.
5. Stockpiles shall be removed from a mined area of the pit within four (4) years from when the time normal extraction process is terminated.
6. Final reclamation shall commence after the removal of the final stockpile and shall be finished within one year from the time of the stockpile removal or the time required for removal of stockpile as set forth in subsection N5 of this section.
7. Finished grade of reclaimed area shall be at least twelve inches (12") above seasonal high groundwater level, unless provisions for ponds, lakes or bodies of standing water are approved in both the special use permit and reclamation plan.
8. Reclamation shall include a minimum of twelve inches (12") of restored topsoil or other suitable material consisting of sixty percent (60%) of the normal soil profile of the adjacent and surrounding properties.
9. Reclaimed pit sides shall have maximum slope of one to one (1:1).
10. Area shall be reclaimed to be used for pasturing, agricultural, recreation, or residential uses. When reclamation is for residential use, the finished grade adjacent to the residences shall be six feet (6') above the natural high water mark.
11. At the time of final reclamation, an irrigation system shall be installed to support pasturing and farming uses.
12. Upon depletion of the area and the removal of stockpiles, all temporary buildings and structures except property line fences shall be entirely removed from the property. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-1: PURPOSE:
The purpose of this article is to control and regulate the erection and maintenance of signs, in the interest of public safety, to promote and enhance property values, and to encourage the design of signs to be in harmony and compatible with the overall street or road setting and the neighborhood character. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-2: DEFINITIONS:
For the purpose of this article, certain terms, phrases, or words used herein shall be as defined in chapter 2 of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-3: EXEMPT SIGNS:
The following types of signs, when not illuminated, do not require permits and are not subject to the general requirements of this article:
A. Directional or informational signs bearing no advertising message located within a parcel and signs not exceeding sixteen (16) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.
B. Memorial signs or tablets and names of buildings and dates of erection when mounted on or cut into the surface or facade of the building.
C. Traffic or other county signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board of county commissioners.
D. Signs placed by public utilities showing the location of underground facilities.
E. Project or construction signs when referring solely to the principal use of the property.
F. Home signs located on the parcel of the applicable residence or home occupancy.
G. Property and temporary signs. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-4: PROHIBITED SIGNS:
A. No sign or sign structure, other than those approved by the jurisdiction having authority, shall be placed upon any road or highway right of way.
B. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-5: GENERAL REGULATIONS:
A. Installation; Compliance With Building Code: In addition to the requirements herein provided, the installation of signs and billboards shall be governed by applicable provisions of the currently adopted building code.
B. Sign Projections: Sign projections over a public right of way, if permitted, will be governed by the applicable standards as established by the authority having jurisdiction as well as provisions provided in this title.
C. Placement; Consent Required: No sign or sign structure shall be placed on private or public property without the written consent of the owners or agents thereof.
D. Facing Side Or Rear Property Lines: No sign facing the side or rear property line of an abutting residential property shall be located within fifty feet (50') of such side or rear property line.
E. Flashing Or Animated Signs: Flashing and/or animated signs shall be prohibited within three hundred feet (300') of any residential zoning district.
F. Sign Size And Location: For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign and its location shall govern:
1. No projecting sign shall be erected in the same horizontal plane with other projecting signs, unless the sizes are spaced as set forth herein, measured center to center.
2. Projecting signs three feet (3') or less in depth shall be spaced no less than ten feet (10') apart.
3. Projecting signs more than three (3) to six feet (6') in depth shall be spaced no less than twenty feet (20') apart.
4. Projecting signs more than six feet (6') in depth shall be spaced no less than thirty feet (30') apart.
5. Any projecting sign erected at a shorter distance than required above shall be erected above the top edge or below the bottom edge of the blanketed sign. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-6: HOME SIGNS:
A. One accessory nameplate and home occupation sign or combination is permitted for each dwelling.
B. In RL, RM and RH zoning districts, the erection of such signs is subject to the following design standards:
1. Each sign shall not exceed four (4) square feet in area and may be illuminated by external illumination only.
2. Home occupation signs must be attached flatly to the building and not to exceed the height of the eaves line.
C. In other than RL, RM and RH zoning districts, the erection of such signs is subject to the following design standards:
1. Each sign shall not exceed sixteen (16) square feet in area and may be illuminated by external illumination only.
2. Home occupation signs located in the front yard shall be positioned as to not obstruct vision at intersections or for access driveways.
D. Any home occupation sign not complying with these provisions may be permitted only with the granting of a special use permit. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-7: BILLBOARDS:
A. Billboards shall be permitted as established in the official schedule of zoning regulations only adjacent to state highways and Interstate 84.
B. Billboards may be permitted as established in the official schedule of zoning regulations adjacent to other arterial streets or roads with the approval of a special use permit.
C. Billboards shall be located within one hundred feet (100') of the street, road, highway or interstate right of way.
D. Billboards shall not exceed a height of fifty feet (50') from the base of the sign or twenty five feet (25') from above grade level of the right of way, whichever is less.
E. Billboards shall not exceed three hundred twenty (320) square feet in area, except along Interstate 84 where billboards shall not exceed six hundred seventy five (675) square feet.
F. Billboards may be allowed two (2) faces or back to back sign faces, provided there is no more than five feet (5') separating the sign faces.
G. Billboards shall not be located any closer than one thousand feet (1,000') from any other billboard measured from center of sign to center of sign in the direction of the traffic being served on any given side of the street, road, highway or Interstate 84.
H. Billboards located on intersecting streets, roads or highways shall not be located any closer than one thousand feet (1,000') from any billboard located on an intersecting street, road or highway.
I. Billboards shall not be located within four hundred feet (400') of any residential zoning district.
J. Billboard's primary structure shall be of painted noncombustible material and monopole design.
K. Illumination of billboards shall be limited to the hours between dusk and dawn. (Ord. 2016-09-13-J, 9-13-2016)
8-7A-8: TEMPORARY AND NONCONFORMING SIGNS:
A. Those signs herein designated as being temporary signs shall be completely removed by the owner of the sign or by the owner of the property upon which the sign is located at the expiration of the time which the sign was permitted.
B. Temporary signs may be permitted past the established expiration date with the approval of a special use permit.
C. Nonconforming signs shall be deemed to be a conforming use and/or structure, and may continue in use and normal maintenance.
D. Nonconforming signs may only be expanded or enlarged with the approval of a special use permit. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-1: FINDINGS:
Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The performance standards for such unique land uses, as set out in this article, shall be adhered to in addition to all other provisions of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-2: ACCESSORY BUILDINGS IN RESIDENTIAL ZONES:
Accessory buildings in residential zones:
A. Shall not be located in any required front yard area; and
B. Shall not be located closer than five feet (5') from any side or rear property line. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-3: ANIMAL CLINIC, ANIMAL HOSPITAL, VETERINARY OFFICE AND KENNEL:
An animal clinic, animal hospital, veterinary office and kennel shall be located at least three hundred feet (300') from any residence, including motels and hotels, except for an owner's residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property, and will comply with all state and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance, and to reduce to a minimum the factors of noise and odor. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-4: MEATPACKING, PROCESSING PLANTS AND SLAUGHTERHOUSE FACILITIES:
These facilities:
A. Shall be located not less than one thousand feet (1,000') from any residence, except for an owner's residence. This restriction may be waived if the affected property owner gives written permission to the commission.
B. Shall be designed and located with full consideration to their proximity to adjacent use, their effect upon adjacent and surrounding properties, and to the reduction of nuisance factors.
C. Shall be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.
D. Shall be required to comply with the confined animal feeding operation requirements when the operation confines and feeds more than two hundred (200) animal units on a continuous basis. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-5: BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVEGROUND AND FOR RESALE:
These storage facilities:
A. Shall be located at least three hundred feet (300') from a residential zone, a residence, motel, and hotel, except for an owner's residence.
B. Shall be erected subject to the approval of the fire chief or fire marshal.
C. Shall have suitable loading and unloading spaces and off street parking facilities, subject to the approval of the fire chief or fire marshal. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-6: CHEMICAL, PESTICIDE AND FERTILIZER STORAGE AND MANUFACTURING:
These facilities shall have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal and state department of agriculture. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-7: HAZARDOUS CHEMICAL, HAZARDOUS MATERIAL, STORAGE AND DISPENSING FACILITIES:
A. Risk Management Plan: Hazardous material facilities shall require a risk management plan (RMP) demonstrating that a release of the hazardous substances does not pose a threat to the public and must be submitted with any construction documents or submittals that are presented for any zoning and/or building permit application.
B. Hazard Assessment: As a minimum, the hazard assessment shall include the preparation and reporting of worst case release scenarios for each structure under consideration, showing the potential effect on the public for each. As a minimum, the worst case event shall include the complete failure (instantaneous release of entire contents) of a vessel, piping system, or other storage structure. A worst case event includes (but is not limited to) a release during the design wind or design seismic event as well as accidental damage caused by equipment or vehicles either by impact or failure. In this assessment, the evaluation of the effectiveness of subsequent measures for accident mitigation shall be based on the assumption that the complete failure of the primary storage structure has occurred. The off site impact must be defined in terms of population within the potentially affected area.
C. Prevention Program: As a minimum, the prevention program shall consist of the comprehensive elements of process safety management, which is based upon accident prevention through the application of management controls in the key areas of design, construction, operation, and maintenance. Secondary containment of the hazardous substances (including, but not limited to, double wall tank, dike of sufficient size to contain a spill, or other means to contain a release of the hazardous substances within the property boundary of the facility and prevent release of harmful quantities of contaminants to the air, soil, groundwater, or surface water) are permitted to be used to mitigate the risk of release. The hazard assessment shall demonstrate that a release of the hazardous material from a worst case event does not pose a threat to the public outside the property boundary of the facility.
D. Emergency Response: As a minimum, the emergency response plan shall address public notification, emergency medical treatment for accidental exposure to humans, and procedures for emergency response to releases that have consequences beyond the property boundary of the facility. The emergency response plan shall address the potential that resources for response could be compromised by the event that has caused the emergency. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-8: CONTRACTOR'S YARD:
Contractors' yards:
A. Shall be located a minimum distance of three hundred feet (300') from any residence, except for any owner's residence; or will have a sight obscuring fence around areas utilized for storage of materials and equipment.
B. Shall be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
C. Shall have fence, approved by the administrator or the commission, around areas utilized for storage of materials and equipment. (Ord. 2016-09-13-J, 9-13-2016; amd. Ord. 2019-11-18, 11-18-2019)
8-7B-9: DRIVE-IN RESTAURANT:
Drive-in restaurants:
A. Shall be maintained in a neat and orderly condition to prevent trash from moving onto other properties.
B. Shall have a six foot (6') high sight obscuring fence along the property lines that adjoin an existing residence or residentially zoned area.
C. Shall provide for adequate trash receptacles.
D. Shall not direct night lighting toward any residence. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-10: FILLING, GRADING, LAGOONING, DREDGING OR OTHER EARTHMOVING ACTIVITY:
These activities:
A. Shall result in the smallest amount of bare ground exposed for the shortest time feasible.
B. Shall provide temporary ground cover, such as mulch.
C. Shall use diversions, silting, basins, terraces and other methods to trap sediment.
D. Shall provide lagooning in such a manner as to avoid creation of fish trap conditions.
E. Shall not restrict a floodway, channel or natural drainageway.
F. Shall construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.
G. Shall not have below grade excavation, except for drainageways within fifty feet (50') of any lot line or public right of way.
H. Shall restore topsoil or loam to a depth of not less than four inches (4"). (Ord. 2016-09-13-J, 9-13-2016)
8-7B-11: BOATHOUSES:
Boathouses:
A. Shall only be located within a shore lot.
B. Shall be limited to one on premises boathouse for each shore lot.
C. Shall not exceed a height of fifteen feet (15') without a special use permit issued by the commission.
D. Shall not be located closer than ten feet (10') to any property line.
E. Shall not exceed three hundred (300) square feet of building area without a special use permit issued by the commission. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-12: HOME OCCUPATION:
The following shall apply to home occupations:
A. No more than one person, other than members of the family residing on the premises, shall be engaged in such occupation.
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
C. There shall be no change in the outside appearance of any of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign.
D. If the dwelling or an accessory building is used as a home office for a business that provides services at other locations, no storage of material or equipment will be allowed outside of an enclosed building. Temporary or overnight parking of licensed vehicles, used for related services at other locations, is permitted. Yards for storage of materials or equipment shall not be considered as part of a home occupation and shall comply with the specific requirements of that use.
E. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title, and shall not be located in a required front yard.
F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
G. Home occupations shall be conducted completely inside the dwelling, enclosed garage or other building accessory to the dwelling. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-13: MANUFACTURED OR MOBILE HOMES:
The following shall apply to manufactured or mobile homes:
A. A manufactured or mobile home shall not be moved onto a site or occupied before a building permit has been issued.
B. At least one inspection after the permit is issued shall be to verify compliance with applicable zoning, health, installation, and building requirements.
C. A permit shall be required for all classes of manufactured homes and shall be in addition to any other required zoning, permit, or hookup fees.
D. Manufactured or mobile homes as defined in this title shall only be used for residential purposes.
E. Manufactured or mobile homes that are no longer occupied and have become run down, dilapidated or deemed unsafe or a public nuisance shall be removed and/or disposed of at the owner's expense. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-14: MANUFACTURED (MOBILE) HOME PARKS OR COURTS:
Manufactured (mobile) home parks or courts:
A. Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity so that such use will not change the essential character of the same area.
B. Shall not be hazardous or detrimental to existing or future neighboring uses.
C. Shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools, or the persons, or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services.
D. Shall be consistent with the intent and purpose of this title and the comprehensive plan.
E. Shall have vehicular approaches to the property which shall be designed as not to create an interference with traffic in surrounding streets or roads.
F. Shall not result in the destruction or damage of natural, scenic or historic features of major importance.
G. Shall meet the minimum health standards as set forth and administered by the appropriate health authority.
H. Shall have a minimum of eight feet (8') separation between manufactured home units. Garages, carports or any other accessory buildings shall be located at least eight feet (8') from all manufactured homes other than the one they are intended to serve.
I. Shall provide two (2) off street parking spaces for each mobile home parking space.
J. Shall be a minimum total area of two (2) acres for the manufactured home park or court, including common areas, buildings, and facilities. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-15: RECREATIONAL VEHICLES:
It is prohibited to place and occupy a recreational vehicle on any lot or parcel, except in an approved recreational vehicle or manufactured home park, subject to the following exceptions:
A. Temporary occupancy of up to fourteen (14) days of a recreational vehicle for use by friend or family of owner or occupant.
B. Upon the issuance of the appropriate permits, a recreational vehicle may be placed and occupied on a construction site until construction is completed, but not to exceed eighteen (18) months.
C. Upon the issuance of the appropriate permits, a recreational vehicle may be placed and occupied on any parcel or lot that would allow the placement of a class C manufactured home. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-16: OUTDOOR STORAGE OF COMMERCIAL AND INDUSTRIAL MATERIALS:
Such outdoor storage:
A. Shall be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.
B. Shall not be located in any front yard setback area. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-17: RIDING STABLES AND SCHOOLS:
Riding stables and schools:
A. Shall locate all stables or loafing sheds no closer than one hundred feet (100') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property lines.
B. Shall be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers, and the factors of noise and odor.
C. Shall require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-18: RIFLE AND PISTOL RANGE:
Rifle and pistol ranges:
A. Shall be designed with a backstop.
B. Shall be designed to avoid a line of fire that is directed toward any residence or business within one mile.
C. Shall incorporate landscaping that is compatible with the surrounding landscaping.
D. Shall provide supervision and security measures during periods of use. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-19: SALVAGE YARD, WRECKING YARD, AUTOMOBILE SALVAGE YARD, OR AUTOMOBILE WRECKING YARD:
Salvage yards:
A. Shall have a sight obscuring fence approved by the planning commission meeting the terms of this title. Shall be constructed parallel to and ten feet (10') back of the right of way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard.
B. Shall not result in the storage of automobiles, junk or salvage material that is visible from any public right of way.
C. Shall not result in the storage of materials that exceed the height of the fence.
D. Shall have landscaping that is compatible with the surrounding area.
E. Shall comply with other regulations or ordinances of Minidoka County. (Ord. 2016-09-13-J, 9-13-2016; amd. Ord. 2019-11-18, 11-18-2019)
8-7B-20: ABANDONED, JUNKED PROPERTY:
No person shall place, allow, discard, maintain, park or store for a period of time exceeding forty eight (48) hours any dismantled, abandoned, junked, damaged, unlicensed or destroyed motor vehicles, equipment, machinery or miscellaneous property. The provisions of this article shall not apply to any lawfully operated business when otherwise permitted and in compliance with this and all other applicable ordinances, or when said motor vehicles, equipment, machinery or miscellaneous property is housed entirely within an enclosed building. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-21: LIVESTOCK:
Unless otherwise regulated in this title or any other applicable ordinance, the keeping of livestock shall comply with the following provisions:
A. Number Of Livestock Limited: On any lots, tract or parcel not zoned agricultural within city areas of impact, or any rural residential subdivision having an enclosed pasture of at least one-half (1/2) acre, fenced to hold or contain livestock, the owner, renter or occupant thereof may have not more than one head of horses, mules, cattle or any combination of said animals for each full one-half (1/2) acre of enclosed pasture; or, not more than two (2) swine or three (3) sheep or goats, or combination thereof for each full one-half (1/2) acre of enclosed pasture; or, such owner, occupant or renter may have and keep one horse, mule or head of cattle, or any of the same, in combination with two (2) swine or three (3) sheep or goats or combination thereof, on each full one acre of enclosed pasture.
B. Confined Animal Feeding Operations: Livestock confined on any parcel or tract shall not exceed the number allowed by an approved confined animal feeding operation permit. In the absence of a confined animal feeding operation permit on parcels or tracts within an agricultural zoning district with a minimum of one acre of fenced pasture area, the maximum density of animal units shall not exceed five (5) per acre in livestock density unless an approved waste management plan is in place allowing a greater density.
C. Waste And Runoff: Waste and runoff shall be contained completely on the premises and not allowed to enter any river, stream, drain ditch, canal, or lateral. The keeping and maintaining of livestock and pets shall also comply with other livestock and animal control provisions of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-22: SANITARY LANDFILL:
A sanitary landfill:
A. Shall conform to time limits for daily operation as defined by the governing board.
B. Shall provide a bond, for privately owned sites, to ensure compliance with the provisions of the zoning approval.
C. Shall provide for a paved street to the facility.
D. Shall be supervised during the hours of operation.
E. Shall be required to plan for, install and maintain such safeguards and measures as the commission shall require to ensure that groundwater quality and air quality are preserved and environmental hazards and nuisance and unsightly areas are not created by the operation.
F. Shall comply with any other local, state or federal regulations or ordinances. (Ord. 2016-09-13-J, 9-13-2016)
8-7B-23: REFUSE, SOLID WASTE, STAGNANT WATER:
No person shall permit or suffer to be or accumulate in or upon any yard, lot, place or premises, or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises, or in any building or shed owned or occupied by him within the jurisdiction of the county, any stagnant or impure water, refuse, vegetable decay or decaying substance, human or animal discharge, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell, or to pollute or render unhealthful the atmosphere or the premises, or thereby to be, become, cause or create a public nuisance. (Ord. 2016-09-13-J, 9-13-2016)
8-7C-1: PURPOSE:
A. The purpose of this Article is to establish regulations for the use of Residential Dwellings as Short-Term Rentals to safeguard the public health, safety and general welfare, to protect the integrity of the County’s residence, to establish a system to track the Short-Term Rental inventory in the County, to ensure compliance with local performance standards, to provide a means of contact for the Responsible Party of a Short-Term Rental, to establish a Good Neighbor Policy for Occupants of Short-Term Rentals and their guests, and to allow private property owners the right to fully and efficiently utilize their property without undue regulation or interference.
B. Nothing in this section shall be construed so as to nullify or override any lease agreements, or covenants, conditions, and restrictions applicable to the property that may prohibit or restrict its use for Short-Term Rental purposes. (Ord. 2019-11-18, 11-18-2019)
8-7C-2: DEFINITIONS:
OCCUPANT: The person or persons who contract with the Responsible Party for Use of the Short-Term Rental.
RESIDENTIAL DWELLING: A single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Tents, recreational vehicles, campers, and similar units not designed for permanent residential use are excluded from this definition.
RESPONSIBLE PARTY: The owner of a Residential Dwelling being used as a Short-Term Rental, as well as any person designated by the owner who is responsible for compliance with this Article by an Occupant and any guests utilizing the Short-Term Rental. The Responsible Party shall provide for the maintenance of the property and ensure compliance by the Occupant and any guests with the provisions of this Article, or any other applicable law, rule, or regulation pertaining to the use and occupancy of a Short-Term Rental. The owner of the property shall not be relieved of responsibility or liability for noncompliance with the provisions of this Article, or any other applicable law, rule, or regulation pertaining to the use and occupancy of a Short-Term Rental because of the designation of another Responsible Party. All Responsible Parties shall be at least twenty-one (21) years old.
SELF-INSPECTION CHECKLIST: The current form approved by the County for use with a Short-Term Rental application.
SHORT-TERM RENTAL: A Residential Dwelling which is rented for thirty (30) days or fewer, and which is sometimes referred to as a “vacation rental.” This term does not include a Bed-and-Breakfast facility, an RV Park or campground, or a hotel or motel. (Ord. 2019-11-18, 11-18-2019)
8-7C-3: PERMIT REQUIRED:
A. An applicant for a Short-Term Rental permit must be the owner of the Residential Dwelling to be offered for rent. No person with less than a fee ownership interest may apply for a Short-Term Rental permit.
1. A Short-Term Rental permit is valid only for the Residential Dwelling identified in the application. An applicant shall file a separate application and obtain a separate permit for each Residential Dwelling to be used as a Short-Term Rental.
2. A Short-Term Rental permit is non-transferable.
B. Prior to offering a Short-Term Rental to the public, the owner of the Residential Dwelling shall complete an application on a form provided by the County and file it with the County Clerk or his/her designee. The application shall include:
1. The owner’s legal name, contact number, both physical and mailing addresses, and email address;
2. If the Short-Term Rental is to be operated or managed by someone other than the owner, the name, contact number, both physical and mailing addresses, and email address for a Responsible Party with day-to-day authority and/or control over the Short-Term Rental;
3. The address of the Short-Term Rental; and
4. The signatures of the owner and other Responsible Party, if any, agreeing and acknowledging that they are jointly responsible for the compliance by the Occupant and any guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the Short-Term Rental, and for any unreasonable noise, disturbances or disorderly conduct by the Occupant and/or guests while utilizing while on the property of the Short-Term Rental.
5. The fee established by Resolution of the County.
C. If any information required by subsections B (1) through (4) hereof changes, a responsible Party shall promptly advise the County.
D. At the time an application is filed with the County, a Responsible Party shall complete and file with the County the Self-Inspection Check list. A new Self-Inspection Checklist shall be completed and filed with the County each year thereafter during which the Short-Term Rental will be offered to the public.
E. Short-Term Rentals are not a grandfathered use. All Short-Term Rentals in the County must have a permit to operate.
F. A Short-Term Rental permit expires on March 31 of each year; PROVIDED, if the Residential Dwelling identified in the application is sold or title is otherwise transferred, the permit shall automatically expire upon the transfer of title.
1. To renew a Short-Term Rental permit, the holder shall submit an application for renewal on a form provided by the County to the County Clerk or his/her designee, together with the renewal fee.
2. The renewal application must be submitted by March 1 of each year. A permit for which a renewal application is not submitted by March 1 shall expire on March 31.
3. If a permit has expired, a new application shall be required.
G. Any Residential Dwelling in the County may be rented without a permit for no more than sixteen (16) days per calendar year, where those sixteen (16) days are divided into no more than four (4) stays. (Ord. 2019-11-18, 11-18-2019)
8-7C-4: STANDARDS:
A. Accessory Dwelling Units and Properties with Multiple Dwelling Units.
1. An Accessory Dwelling Unit (ADU), as defined in 8-2-2 of this Code, which existed on the effective date of this Article may be rented as a Short-Term Rental, provided that either the principal dwelling or ADU on the property must be occupied by a majority owner of the property or an immediate family member of the property owner more than six (6) months out of any given year.
2. A principal dwelling and its associated ADU may not both be rented out concurrently as Short-Term Rentals to separate individual parties.
B. Duplex and Multiple-family Housing.
1. The owner(s) of multiple units in a Duplex or Multiple-family housing must designate which dwelling unit will be rented as a Short-Term Rental and advise the County of said designation in the application for a permit.
C. Duties of Responsible Party.
1. A Responsible Party must be available twenty-four (24) hours per day, seven (7) days per week, for the purpose of responding within sixty (60) minutes to complaints regarding the condition of the Short-Term Rental or the conduct of the Occupant of the Short-Term Rental and/or their guests.
2. Responsible Party shall obtain the name, address, and contact number of each Occupant of a Short-Term Rental.
3. A Responsible Party shall provide the information required in section 8-7D-4 (C) (2) to the County at the County’s request, if available.
4. A Responsible Party, upon notification that any Occupant or guest has created any unreasonable noise or disturbance, engaged in disorderly conduct, or committed a violation of any applicable law, rule or regulation pertaining to the use and occupancy of a Short-Term Rental, shall promptly respond in an appropriate manner within sixty (60) minutes and require an immediate halt to the conduct, and take such steps as may be necessary to prevent a recurrence of such conduct. Failure of the Responsible Party to respond to calls or complaints regarding the condition, operation, or conduct of an Occupant or guest in a Short-Term Rental in an appropriate manner within sixty (60) minutes shall constitute a violation of this Article.
5. A Responsible Party shall prepare a written notice, and shall mail or deliver the notice to all residents and owners of property abutting or across the street from the Short-Term Rental, which notice shall state the intent to operate a Short-Term Rental and the number of bedrooms that will be rented to overnight guests, and include information on how to contact the Responsible Party by phone.
6. A Responsible Party shall post on or near the inside of the front door of the Short-Term Rental a notice which includes the address of the Rental, emergency contact numbers, and a diagram showing emergency exit route(s) and extinguisher locations, approved by the Fire Department.
D. Information Provided to Occupants.
1. At the time of each occupancy of the unit, the Responsible Party shall provide to the Occupant of a Short-Term Rental the following:
a. the name and contact number of all Responsible Parties;
b. a copy of the Good Neighbor Policy as approved by the County Planning Department;
c. a notice of the trash pick-up day, and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the dwelling; and
d. Parking locations and requirements as approved by the County.
E. Occupancy.
1. The maximum number of overnight guests occupying a Short-Term Rental shall not exceed the definition of “family” as provided in Title 8 Chapter 2 Section 2.
2. Guests of an Occupant may use a Short Term Rental only when an Occupant is present and may not stay overnight.
3. A Responsible Party may rent either the entire Residential Dwelling or one (1) room of the Residential Dwelling to an Occupant. Under no circumstances shall a Responsible Party rent individual rooms in a Short-Term Rental to different Occupants for the same night or nights.
4. No recreational vehicle, travel trailer, tent, or other temporary shelter shall be used as a Short-Term Rental or in conjunction therewith to provide additional sleeping areas or otherwise, only by approval of the county.
F. Parking.
1. All Occupants and guests shall, to the greatest extent possible, utilize any off-street parking of the Residential Dwelling which constitutes the Short-Term Rental. On-street parking by Occupants and guests shall be governed by the applicable provisions of this Title 8 Chapter 11.
2. An ADU, built after the effective date of this Article and used as a Short-Term Rental, requires one off-street parking space in addition to parking spaces required for the principal dwelling.
G. Signs and Advertising.
1. No sign indicating that the residence is a Short-Term Rental or that it is for rent or lease shall be displayed such that it is visible from any other public or private property.
2. The street number of a Short-Term Rental shall be posted in accordance with Fire Department International Fire Code and Local International Building Code requirements.
3. All advertising for the Short-Term Rental shall include the County permit number and the maximum number of vehicles accommodated by off-street parking spaces.
H. Trash.
1. Trash and refuse shall not be left stored within public view except in proper containers for the purpose of collection by the authorized waste hauler on scheduled trash collection days.
2. The Short-Term Rental property shall, at all times, be kept in a neat and sanitary condition, in compliance with the requirements of Title 8 of this Code.
I. Zoning.
1. Subject to the standards and restrictions applicable in each zone, the standards and restrictions contained in this Article, and any permit requirements, the use of a Residential Dwelling as a Short-Term Rental is permitted as of right in all zones provided that the Residential Dwelling is installed as required by State law, and local codes. (Ord. 2019-11-18, 11-18-2019)
8-7C-5: VIOLATIONS; PENALTIES:
A. Violations.
1. It is unlawful for any Responsible Party to offer for Rent a Short-Term Rental or to operate a Short-Term Rental without a County registration permit.
2. It is a violation of this Article if a Responsible Party, or an Occupant or guest knowingly and willfully violates any provision of this Article.
B. Penalty.
1. For a first offense, the violator shall be subject to a civil penalty in an amount established by Resolution of the County Commissioners.
2. For any subsequent offense, the violator shall be subject to a misdemeanor, pursuant to section Title 1 Chapter 4 Section 1 of this Code.
3. In addition to any other remedy or procedure authorized by law, for three (3) or more violations of or failure to comply with any of the standards of this Article in a calendar year, the County Clerk or his/her designee may revoke any or all of the owner’s permits and, in addition, may order that no new permit shall be issued for up to three (3) years pursuant to the following procedures:
a. Prior to the revocation of any permit or the denial of a permit for repeated violation of the provisions of this Article, written notice of the reasons for such action shall be served on the Owner and/or Responsible Party in person or by certified mail at the address on the permit application. Revocation shall become final within ten (10) days of service unless the Owner and/or Responsible Party appeals the action. The Owner and/or Responsible Party shall provide the appeal in writing to the County Clerk or his/her designee within ten (10) days of receipt of the notice. The written notice of appeal must state the reasons for the appeal and the relief requested.
b. Should the owner and/or Responsible Party request an appeal within the ten (10) day period, the County Clerk or his/her designee shall notify the owner and/or Responsible Party in writing of the time and place of the hearing.
c. Appeals shall be heard by a neutral hearing officer designated by the County.
d. For good cause shown, the hearing officer may affirm or reverse the decision to revoke a permit. The hearing officer may affirm, reverse, or modify a decision to deny a new permit for upon a showing of good cause. (Ord. 2019-11-18, 11-18-2019)