The intent of this chapter is to recognize that certain land uses pose special problems that may have unordinary or detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title. Some of these uses may require conditional use permits as shown on the use chart of this title. (Ord. 1628, 1-12-2015)

The Development Services Department shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use.

The accessory structure, including accessory dwelling unit where allowed, must be reasonably incidental and subordinate to the principal permitted use and the determination shall be based upon the relationship of the building, structure or use to the principal permitted use. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

   A.   General Provisions:

      1.   Permits:

         a.   Permit Required: All accessory structures over one hundred twenty (120) square feet in size shall require a building permit.

         b.   Permit Not Required: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor is wood and the structure is movable and the total area does not exceed one hundred twenty (120) square feet with no other covering or enlarged overhangs or eaves shall not require a building permit. Accessory structures not requiring a building permit shall be located within the lot of ownership and shall be placed in the rear or side yard only (side yard setbacks on opposing street shall not be infringed upon). If the accessory structure is placed in a rear yard or side yard setback and needs to be moved for utility work it will be the owner's responsibility to move the accessory structure at the owner's cost. A carport in setback areas as defined in section 9-3-2 of this title shall require a building permit no matter the size.

      2.   Location: All parts of an accessory building over one hundred twenty (120) square feet in size shall be located within the lot of ownership and shall be placed in the rear yard or side yard only (side yard setbacks on opposing street shall not be infringed upon), and shall meet all required setbacks. A carport in setback areas shall not be required to meet all setback requirements.

         a.   No detached accessory building or portion thereof, except a carport in setback areas as defined in section 9-3-2 of this title, shall be located closer to the principal building than five feet (5').

         b.   Attached accessory buildings shall meet all yard setback requirements for the principal building. A carport in setback areas shall not be attached to the principal building or any other structure or building.

      3.   Proof Of Ownership: The property owner shall show proof of ownership before any construction is allowed upon vacated alleys, easements, etc. No accessory building that is not movable shall be placed within any utility easement without the prior written consent of the utility company or companies possessing the easement.

      4.   Accessory Building Foundation: Any accessory building exceeding one hundred twenty (120) square feet in size shall be anchored or have a foundation. A carport in setback areas shall be anchored to the ground or a hard surface, but shall not have a foundation. A carport in setback areas shall be moveable and shall not be used for general storage.

      5.   Driveways/Concrete Or Asphalt: Any property owner who constructs an accessory building that is intended for vehicular access shall be required to construct a concrete or asphalt driveway. In cases of a secondary accessory structure located in the rear yard, the Code Official may permit two (2) concrete runners which are each two feet (2') in width from the accessory building to the curb line.

   B.   Residential: In addition to the general provisions in subsection A of this section, both detached and attached accessory buildings shall be subject to the following requirements:

      1.   Detached Accessory Building Setbacks And Placement Location:

         a.   R-1, R-2, R-3 And R-4 Zones: No detached accessory building located in the R-1, R-2, R-3, and R-4 Districts shall be located closer than five feet (5') to any interior lot line or rear lot line in the rear yard.

         b.   Corner Lots: No attached or detached accessory building or portion thereof shall infringe upon the side yard setback area which is adjacent to an opposing street. (Ord. 1658, 4-10-2017; amd. Ord. 1702, 11-23-2020)

Requires conditional use permit. "Adult daycare", as defined, has different use characteristics from other allowed uses, and therefore the following additional standards shall be required. (See use chart of this title.)

   A.   The care center shall meet all local, State and Federal standards required for accessibility for physically handicapped residents/patrons of the facility.

   B.   All required licenses must be obtained from the City or the State, if applicable.

   C.   If located on an arterial or collector street, the facility must provide for an on site patron pick up area designed to prevent vehicles from backing onto the street (backing into an alley is permissible). (Ord. 1628, 1-12-2015)

   A.   Purpose; Intent:

      1.   The purpose of these regulations is to allow the reasonable location of a sexually oriented business within the City in a manner which will protect property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses such opportunity in appropriate areas within the City. It is not the intent of this section to suppress any speech activities protected by the first amendment of the United States Constitution, but to impose content neutral regulations which address the adverse secondary effects sexually oriented businesses may have on adjoining properties and the immediate neighborhood.

         a.   It has been determined, and reflected in the land use studies of various U.S. cities, that businesses which have as their primary purpose the selling, renting or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of a sexually oriented business significantly increases the incidence of crimes, especially sex offenses, including rape, indecent exposure, lewd and lascivious behavior, and child molestation.

         b.   It has been determined, and reflected in the land use studies of various U.S. cities, that the operation of sexually oriented businesses in business districts which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and downgrading of property values.

      2.   It is the intent of these regulations to allow sexually oriented businesses to exist within the city in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between sexually oriented businesses and residential uses, churches, public parks with a playground and educational institutions in an effort to buffer these uses from the secondary impacts created by sexually oriented business activity.

   B.   Regulations: No person shall operate or conduct any sexually oriented business upon any property or premises unless it conforms to this title. Any violation of this provision may be enforced through administrative civil and/or criminal remedies. In order for a certificate of occupancy to be issued, the building official and the city planner must determine that the following conditions are met:

      1.   Adult Bookstore:

         a.   Such business shall not be located within three hundred feet (300') of a public or parochial school, church, public park with a playground or daycare licensed through the state of Idaho. Distance shall be measured in a straight line from the property line of the public or parochial school, church, public park with a playground or daycare licensed through the state of Idaho to the property line of the proposed adult bookstore; and

         b.   Such business shall not be located within one thousand feet (1,000') of any other adult bookstore, adult motion picture theater or adult performance business. Distance shall be measured as in subsection B1a of this section; and

         c.   Distance standards shall apply regardless of the political jurisdiction in which a public or parochial school, church, public park with a playground, daycare licensed through the state of Idaho or other adult businesses are located; and

         d.   The sign package and exterior building design must be submitted with the application for a certificate of occupancy for review by the building official and the city planner. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building; and

         e.   Lobby and entrance areas shall be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area; and

         f.   All building openings, entries, windows, and the like shall be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semipublic area; and

         g.   No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building; and

         h.   The disposal of garbage and trash containing sexually explicit materials must be disposed of in a manner which prevents minors from having access to the material; and

         i.   For purposes of this subsection, the above conditions and standards shall be applicable in the following circumstances:

            1.   The opening or commencement of any such business as a new business.

            2.   The conversion of an existing business to any of the adult businesses regulated herein.

            3.   The addition or expansion of any business to include any of the adult businesses regulated herein.

            4.   The relocation of any such business.

            5.   For the purposes of this subsection, a "school" shall be considered as an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the state or which is maintained pursuant to standards set by the state board of education. This definition includes a kindergarten, elementary, junior high, or senior high school, or any special institution of learning under the jurisdiction of the state department of education, but does not include a vocational or professional institution or institution of higher education, such as a community or junior college, college or university. A church shall be considered any place of worship.

            6.   These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

      2.   Adult Motion Picture Theater, Adult Theater, Adult Performance Business And Bikini Bars:

         a.   Such business shall not be located within one thousand feet (1,000') of a public or parochial school, church, public park with a playground or daycare licensed through the state of Idaho. Distance shall be measured in a straight line from the property line of the public or parochial school, church, public park with a playground or daycare licensed through the state of Idaho to the property line of the proposed adult motion picture theater, or adult performance business; and

         b.   Such business shall not be located within one thousand feet (1,000') of any other adult bookstore, adult motion picture theater or adult performance business. Distance shall be measured as in subsection B2a of this section; and

         c.   Distance standards shall apply regardless of the political jurisdiction in which a public or parochial school, church, public park with a playground, daycare licensed through the state of Idaho, or other sexually oriented businesses are located; and

         d.   The sign package and exterior building design must be submitted with the application for a certificate of occupancy for review by the building official and the city planner. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building. No advertising signs, billboards, displays, advertisements, or other promotional materials depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specified anatomical areas or specified sexual activities shall be shown or exhibited so as to be visible to the public from the exterior of the building; and

         e.   Lobby and entrance areas shall be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area; and

         f.   All building openings, entries, windows, and the like shall be located, covered, or screened in such a manner as to prevent a view into the interior, so that personnel, instruments, devices, paraphernalia, and body parts thereof, which are associated in any manner with specified anatomical areas or specified sexual activities, cannot be seen from any public or semipublic area; and

         g.   No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building; and

         h.   The disposal of garbage and trash containing sexually explicit materials must be disposed of in a manner which prevents minors from having access to the material; and

         i.   Hours of operation are from four o'clock (4:00) P.M. to two o'clock (2:00) A.M. One security staff is required for each twenty (20) required parking spaces or fraction thereof. The hours of operation shall be visibly posted on all entrances and exits. The bar may operate as a normal bar prior to four o'clock (4:00) P.M., however no live performances, bikini servers or theater showings will be allowed until four o'clock (4:00) P.M.; and

         j.   On site security must be present during all hours of operation; and

         k.   No sexually oriented materials or performances shall be disseminated, performed for, by or upon minors. Signs prohibiting minors upon premises shall be visibly posted on all entrances and exits; and

         l.   All areas of a sexually oriented business shall be illuminated at a minimum of twenty (20) foot-candles, normally maintained and evenly distributed at ground level; except, adult theaters and cabarets shall only be required to be illuminated at a minimum of five (5) foot-candles. During performances, adult theaters and cabarets may reduce the lighting to be no less than 1.25 foot- candles; and

         m.   An adult motion picture show or adult arcade shall limit the maximum number of image producing devices to the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located; and

         n.   For purposes of this subsection, the above conditions and standards shall be applicable in the following circumstances:

            1.   The opening or commencement of any such business as a new business.

            2.   The conversion of an existing business to any of the adult businesses regulated herein.

            3.   The addition or expansion of any business to include any of the adult businesses regulated herein.

            4.   The relocation of any such business.

            5.   For the purposes of this subsection, a "school" shall be considered as an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the state or which is maintained pursuant to standards set by the state board of education. This definition includes a kindergarten, elementary, junior high, or senior high school, or any special institution of learning under the jurisdiction of the state department of education, but does not include a vocational or professional institution or institution of higher education, such as a community or junior college, college or university. A church shall be considered any place of worship.

            6.   These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

         o.   The owner of a premises serving alcohol which features live performers or servers wearing bikinis or swimsuits must comply with all the above items and any federal, state, county and city requirements. (Ord. 1628, 1-12-2015)

Commercial and industrial uses require a conditional use permit. Areas of critical concern shall be designated Elmore County CDO district and floodplain. Within the aquifer sensitive area north and northeast of the city limits, development shall be in accordance with the area of city impact agreement and this code. Any further development within the city limits which would include underground tanks, chemicals, storage of any materials, i.e., asphalt stockpile, manure, fertilizers, surface runoff, etc., shall be allowed by conditional use permit and shall not be permitted without providing proper containment as required by city, county, state and federal laws. Soils studies in the CDO district may be required by the city engineer in order to protect the integrity of the aquifer and health and safety of surrounding residents.

Nonconforming uses which currently exist in the aquifer sensitive area (north and northeast of the city limits) shall not be allowed substantial improvements or expansion without meeting all the requirements of federal, state, and local codes and the area of impact agreement.

   A.   Commercial And Industrial Uses Within Area Of Critical Concern (CDO/Elmore County):

      1.   Projects or developments within the area of critical concern and/or CDO shall be served by a wastewater disposal system that provides aquifer protection, which shall be at least equivalent to one of the following:

         a.   A collection and treatment facility utilizing sealed lagoon(s); or

         b.   A collection and treatment facility utilizing holding tanks and transport/disposal at a site licensed for disposal of the particular effluent; or

         c.   An approved connection to an existing public or private collection/treatment facility.

      2.   Facilities will be designed so that surface waters or any spilled or leaked materials cannot infiltrate into the ground or irrigation systems.

      3.   Commercial or industrial activities designated as use of critical material (designated by state and federal law) shall have specially designed stormwater runoff drainage facilities in areas where spills might occur. Such facilities shall be designed to:

         a.   Prevent the commingling of stormwater runoff and critical material spills; and

         b.   Enhance spill cleanup procedures. (Also see subdivisions of this title.)

   B.   Residential Development:

      1.   All residential development within the area of critical concern and/or CDO shall be of at least five (5) acres per dwelling unit, with one septic and one well as allowed by the health authority.

      2.   New residential development with lots less than five (5) acres shall, as a condition of approval, be required to connect to a central water system and to a central sewer system, as approved by the city engineer, prior to occupancy. If such a sewer is not available, development shall be served by sewage disposal systems that provide aquifer protection equal to or greater than those listed below:

         a.   A collection and treatment facility utilizing sealed lagoon(s); or

         b.   A collection and treatment facility utilizing holding tanks and transport/disposal to a licensed disposal site.

      3.   Facilities shall be designed so that surface waters or any spilled or leaked materials cannot infiltrate into the ground or irrigation systems.

   C.   Mining Operations: Not permitted.

   D.   Solid Waste And Septic Tank Sludge Disposal Within The Area Of Critical Concern: No new sanitary landfill or septic tank sludge disposal sites shall be allowed within the area of critical concern. Surface or subsurface disposal of critical materials (as defined by EPA hazard class, DOE hazard designation and a chemical class) is specifically prohibited in the area of critical concern/CDO Elmore County.

   E.   Cemetery(ies): No new cemetery shall be allowed within the area of critical concern/CDO Elmore County.

   F.   Agricultural Activities: No heavy concentration of livestock permitted, i.e., dairies, feedlots, etc. (Ord. 1628, 1-12-2015)

In accordance with Idaho Code, homes for mentally and physically handicapped persons are allowed as single-family dwellings. Such homes must comply with the following approval criteria in order to be considered a single-family dwelling:

   A.   The number of resident patients does not exceed eight (8).

   B.   No more than two (2) resident staff may reside in the home at any one time.

   C.   The home must be continuously supervised by qualified professional staff.

   D.   All license and standard of operation requirements of the state shall have been complied with. (See use chart of this title.) (Ord. 1628, 1-12-2015)

   A.   Any above-land use will 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

   B.   Any above-land use will comply with all 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. (See land use chart of this title.) (Ord. 1628, 1-12-2015)

May require conditional use permit as set forth in the land use table of this title. Boarding house/bed and breakfast establishments are sleeping facilities which provide breakfast in the morning to its guests. They are generally converted homes or in residential settings. The following conditions shall apply:

   A.   Permit Required: All such facilities shall be required to obtain a permit to serve food and beverages from the Elmore County Central district health office.

   B.   Signs: Signage shall comply with chapter 13 of this title, and comply with the district in which the business is located.

   C.   Buffer Yard: The facility shall provide a buffer yard along all borders of the property abutting residentially zoned property. (See chapter 11 of this title.)

   D.   Parking: Parking shall comply with chapter 12 of this title. (See land use chart of this title.) (Ord. 1628, 1-12-2015)

Requires a conditional use permit.

   A.   Will be located and constructed according to the regulations of the international fire code, the current edition of the life safety code of the National Fire Protection Association (NFPA 101), and all municipal, county, state and federal codes.

   B.   The city fire chief and city building inspector shall ensure compliance with all applicable codes.

   C.   Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the city fire chief, city building inspector and all applicable codes. (See land use chart of this title, and unique uses/area of critical concern, section 9-9-5 of this chapter.) (Ord. 1645, 2-8-2016)

Requires a conditional use permit.

   A.   Will be located and constructed according to the regulations of the international fire code, the current edition of the life safety code of the National Fire Protection Association (NFPA 101), and all municipal, county, state and federal codes.

   B.   The city fire chief and city building inspector shall ensure compliance with all applicable codes. (See also unique uses/area of critical concern/county CDO, section 9-9-5 of this chapter; land use chart of this title; and unique uses/hazardous materials, section 9-9-15 of this chapter.) (Ord. 1645, 2-8-2016)

Conditional use permit may be required as set forth in the use table in chapter 7 of this title. The purpose and intent of this section is to provide for daycare homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities; and, which are located away from, and properly screened from, adverse impacts to the health, safety and welfare of the children. These conditional uses require consideration of additional approval criteria unique to the specific application. In reviewing such applications the commission must consider the standards of approval set forth for each kind of childcare described in this section in addition to the general criteria and findings set forth for conditional use permits of this title.

   A.   Definitions: See chapter 3, "Definitions", of this title.

   B.   General Provisions: The following standards shall apply to all daycare uses and any additional standards listed in the specific daycare category:

      1.   Conditional Use Permits: Conditional use permits are required in most zones. (See the "Daycare/child or adult" entry in section 9-7-4, "Land Use Chart", of this title.)

      2.   License Required: Applicant shall show proof of childcare license from the Idaho state department of health and welfare- child care licensing division when required by the state.

      3.   Commercial Use: Group daycare facilities and daycare centers shall be considered as a commercial use. The applicant shall be required to pay any additional sewer, water and trash charges or fees.

      4.   Off Street Parking And Loading For Residential And Limited Office Zones: Applicant shall provide a plot plan (to scale) showing square footage of building and lot with off street parking for residents and employees and the loading/pick up area. All other zoning districts shall comply with the parking ordinance of this title.

         a.   Applicant shall provide for a paved (concrete or asphalt) on site child pick up area designed to prevent vehicles from backing onto the roadway/street (backing into an alley is permissible).

A residential home is required to have two (2) paved/concrete off street parking spaces. These spaces may be used for a child pick up area if the use is not located on a collector or arterial street.

         b.   As a permitted accessory use, a "family daycare home", as defined in this title, located in residential and/or limited office districts may use the residential driveway for off street loading and unloading.

      5.   Signs For Daycare: Signs for daycare shall comply with the sign code of this title. No signs are permitted for accessory use "family daycare homes".

      6.   Screening: A fenced play area or landscape screening of the facility may be required to protect the children from adverse activities such as irrigation ditches, animal pastures, traffic on arterial or collector streets, at intersections or to screen adjacent properties from adverse impacts, i.e., six foot (6') solid wood fence in rear yard.

   C.   Violations: Violation of any of the required conditions shall be cause to revoke a conditional use permit, a certificate of occupancy or zoning permit.

The procedures as outlined in procedures/conditional uses of this title, shall be followed.

   D.   Categories For Daycare:

      1.   Family Daycare Home: No more than six (6) children. Permitted accessory use in all residential and limited office zones, subject to the following criteria and development services department approval:

         a.   Application Letter: The applicant shall submit an application/letter to the development services department for childcare as an accessory use. Application to contain the following:

            1.   Name, address and phone.

            2.   Days and hours of operation.

            3.   Number of adult persons and number of children and their ages living in the residence.

            4.   Maximum number of children to be cared for.

            5.   Employees not permitted when operating as an accessory use.

         b.   Restrictions: The childcare use must be clearly incidental and secondary to the use of the dwelling for residential purposes, and operated solely by the occupants living within the dwelling and must not change the structural character of the dwelling. The childcare home must be in the operator's principal residence.

         c.   Procedure: The applicant will pay a nonrefundable fee as established by the city council. The development services department will review the approval criteria and make a determination of approval or denial of the application within fifteen (15) calendar days of receipt of the application and will submit the findings and conclusions, with required conditions, in writing, to the applicant.

In the event the development services department approves said application, a radius notice will be sent informing property owners of the adjacent properties (side, back and across the street and/or alley) of the applicant's request for the use of the property and of the decision of the development services department for the proposed family daycare home. If, within fourteen (14) days, there is no response to the notice, the accessory use shall be permitted and the development services department shall notify the applicant in writing. If a written response is submitted within fourteen (14) days contesting the use, the development services department will review both the response and the application to ensure that all applicable city codes are met. If all applicable city codes are not met, or if more than one written response is received contesting the proposed use, then the applicant must go through the conditional use process along with any required fees for the conditional use procedure.

      2.   Group Daycare Facility: The application shall meet the provisions of conditional use and the following criteria:

         a.   Off street parking requirements must be met and off street loading site provided.

         b.   Operating hours: Eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M.

      3.   Daycare Center: The application shall meet the provisions of conditional use and the following criteria:

         a.   Off street parking requirements must be met and off street loading provided.

         b.   So as not to impact or increase traffic on a residential neighborhood, a daycare center located in a residential zone or limited office zone shall be located on the fringes of the residential neighborhood, on arterial or collector streets, and not within the interior of a residential neighborhood. (Ord. 1628, 1-12-2015)

Commercial composting operations are any land uses devoted to the collection, storage, processing and/or disposal of vegetation and shall adhere to the following standards:

   A.   Conditional use required. Composting shall comply with all standards and procedures applicable to all conditional uses.

   B.   Composting shall comply with all city, county, state and federal regulations.

   C.   All composting facilities shall provide a buffer yard along all borders of the property. (See chapter 11 of this title.)

   D.   All buildings, structures, and activity areas used for composting shall be located a minimum of one hundred feet (100') from all lot lines.

   E.   Composting materials shall not consist of food scraps or other vermin attracting materials nor shall they be processed, stored or disposed of on site.

   F.   Composting operations shall not involve the on site holding, storage or disposal of hazardous wastes, as defined by state statutes, in any manner. (Ord. 1628, 1-12-2015)

Contractor's yard may include the storage of heavy equipment and trucks. The following standards shall be adhered to:

   A.   A contractor's yard will be located a minimum distance of one hundred fifty feet (150') from any residence except for an owner's residence;

   B.   A contractor's yard will have a six foot (6'), solid, screening fence around areas utilized for storage of equipment; and

   C.   A contractor's yard will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses. (Ord. 1628, 1-12-2015)

Requires a conditional use permit. No drive-up window establishment shall be permitted unless the commission finds that the design and operation of the establishment is substantially in compliance with the following requirements and conditions, which shall be in addition to those otherwise required in this title:

   A.   That the location of the establishment shall not cause an increase of commercial traffic in nearby residential neighborhoods, increase general traffic congestion where congestion problems have been identified, or cause other significant adverse impacts on surrounding public or private property. The advice of the city engineer and appropriate transportation authority shall be solicited for the purpose of evaluating existing and projected levels of service and the effects of projected turning movements on highway safety; and

   B.   That the internal circulation on the site provides for pedestrians to walk from parking lots to the lobby entrance(s) without traversing the waiting lane(s) for the drive-up window; and

   C.   That the waiting lane(s) be of sufficient length to provide for anticipated average monthly peak volumes; and

   D.   That design, signage or operational characteristics of the establishment prevent or discourage vehicles from waiting for service on public sidewalks or streets; and

   E.   That all communication systems shall not exceed a measurement of allowed decibels at any residential property lines adjoining the site or across the alley from any site as stated in title 7 of this code; and

   F.   That all lights, including vehicular, and other illuminated materials shall be screened to prevent lighting and glare from falling on adjoining properties; and

   G.   That the design, operation and sign characteristics of the project will attempt to minimize air pollution and wasteful consumption of fuel; and

   H.   That the use meets all city and Elmore County Central district health requirements for water, sewer, etc. (Ord. 1628, 1-12-2015)

   A.   General Provisions:

      1.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures as established by federal, state, and local agencies.

      2.   Requirements And Enforcement Provisions: The development services department, commission or city council, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which potential nuisance and hazardous uses are reduced to acceptable limits and tolerances. Within the city limits or area of impact, technical studies may determine that additional site specific development standards are necessary for impact mitigation. In this category, any new development or expanding existing development (upon making a substantial improvement to the structure or land) shall meet all requirements of city, county, state and federal laws. (See comprehensive plan/air and unique uses/area of critical concern, section 9-9-5 of this chapter.)

      3.   Cleanup/Development Agreement: Before any site, public or private, is allowed to develop for the storage or use of environmentally hazardous materials, the city shall negotiate a legal contract with regard to the responsibility of cleanup should a spill or negligence occur. Bonding may be a requirement, as determined by the city engineer and/or governing body.

   B.   Hazardous/Nuisance Uses:

      1.   Abandoned Appliances: See title 6 of this code.

      2.   Animals And Poultry: See title 6 of this code.

      3.   Automobiles/Abandoned Or Inoperable/Wrecking Yards/Junkyards: Not withstanding any other provisions of this title to the contrary, the operator of any auto wrecking yard or junkyard shall provide a wall or fence of six feet (6') in height and constructed so as to adequately screen the materials stored on the property from the view of motorists and pedestrians traveling adjacent public rights of way.

      4.   Glare: No direct or reflected glare shall be permitted which is visible from any point beyond property line.

      5.   Junkyards: See title 5 of this code.

      6.   Noise: Objectionable noise which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Sirens and related apparatus used solely for public purposes are exempt from this requirement. (See title 7 of this code.)

      7.   Odors: Property shall be maintained in such a manner so as to not reasonably interfere with the use and enjoyment of adjoining properties with regard to offensive odors.

      8.   Pollution/Air And/Or Water:

         a.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authorities in addition to local, state or federal requirements. (See comprehensive plan/air).

         b.   Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authorities, local, state or federal requirements. (See unique uses/area critical concern/CDO/Elmore County, section 9-9-5 of this chapter.) In addition, the city may require any additional reports or measures that are deemed necessary to protect the aquifer or environment.

      9.   Electrical Disturbances: No activity shall emit any electrical disturbances or harmful radioactivity at any point adversely affecting the operation of any equipment at any point other than that of the creator of such disturbances.

      10.   Refuse: See title 7 of this code.

      11.   Vibration: No vibration shall be permitted which is discernible without instruments on an adjoining lot or property.

      12.   Weeds/Trees: See title 7, chapters 5 and 6 of this code. (Ord. 1628, 1-12-2015)

It is the purpose of this section to permit limited legal business activities within a dwelling while retaining the residential character of the dwelling and the residential districts, and to preclude any activities which are a nuisance, offensive or hazardous to a residential neighborhood. It is the responsibility of the home occupation permittee to be a good neighbor and to have due regard for the importance of their neighborhood which reflects the quality of life in the city.

   A.   Application For Permit: Prior to initiation of any home occupation, the resident shall make application for and obtain a home occupation permit from the city development services department.

   B.   Home Occupation Criteria: All home occupations must meet all of the following criteria:

      1.   In no way shall the use jeopardize the health, safety or welfare of the occupants or of the surrounding neighborhood.

      2.   The home occupation shall be operated completely within the principal dwelling unit or an attached garage and shall not substantially alter the exterior character of the dwelling.

      3.   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 gross floor area of the dwelling unit may be used in the conduct of the home occupation.

      4.   The entrance to the space devoted to such use shall be from within the building and no external alterations or construction features not customary to dwellings shall be involved.

      5.   The storage of materials to be used in the home occupation shall be inside either the dwelling or an accessory building.

      6.   No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in line voltage off the premises.

      7.   No parking requirements or traffic shall be generated by such home occupation in excess of that which is customary for dwellings.

      8.   Signs are not permitted, except as allowed under chapter 13 of this title.

      9.   Vehicular or boat repair, other than upon vehicles registered to the property owner or occupant therein, shall not be permitted.

   C.   Home Occupation Permit: The administrator shall grant a home occupation permit upon a finding that all of the criteria set out in this section are and can continue to be met, and may include such conditions as are necessary to assure compliance with the criteria.

   D.   Noncompliance: Any noncompliance with the criteria set out in this section, or with any condition placed on the home occupation permit, shall constitute a violation of the zoning ordinance.

      1.   Whenever the administrator determines that there are reasonable grounds to believe such violation has occurred, he shall have served upon the permit holder a written notice setting forth the act or omission believed to be in noncompliance and stating that the violation shall be corrected within thirty (30) days.

      2.   If the violation is not corrected within the thirty (30) day period, the home occupation permit shall be revoked and the business shall cease and desist operation.

   E.   Appeals: (See appeals of this title.)

   F.   Fee: A onetime fee, as established by the council, shall be charged at the time of application for a home occupation permit. (Ord. 1628, 1-12-2015)

Commercial animal boarding facility land uses include land uses which provide short term and/or long term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration. Conditional use shall be required for most zoning districts. (See section 9-7-4, "Land Use Chart", of this title.) This type of business shall meet the following requirements:

   A.   The following setbacks shall be required in addition to those of the zoning district:

      1.   No activity area, including pastures or runs, shall be located closer than ten feet (10') to any property line.

      2.   Any building housing animals shall be located a minimum of two hundred feet (200') from any adjacent residentially zoned property.

      3.   The use shall meet all state, city and Elmore County Central district health requirements for water, sewer, runoff, etc.

      4.   A landscaped buffer yard may be required if, in the opinion of the development services department, the use is not compatible to the adjoining land use. (Ord. 1628, 1-12-2015)

See chapter 15 of this title. (Ord. 1628, 1-12-2015)

Requires a conditional use permit. Any land use for the extraction of mineral, rock, etc., or processing of such within the city limits or the area of impact would require conditional use permit pursuant to chapter 17 of this title, with review by staff, commission, city council or any other entity deemed necessary to assure that the intrusion of noncompatible land uses will not be injurious to adjacent property owners and to assure that the extraction of these resources are so managed and the land reclaimed in such a manner that no hazard or nuisance be created which, either immediately or in the future, may adversely affect the health, safety or general welfare of the community. Mineral extraction, processing and storage may be conducted only after completion of a thorough study, review and a land reclamation plan with appropriate development agreements and bonding must be prepared and approved prior to any extraction.

   A.   Such mining operation shall not encroach underground or above ground within three hundred feet (300') of any adjoining property line.

   B.   During the period of operation, safety and screening fencing shall be erected around all pits that create a safety hazard or may tend to create a nuisance for adjoining property owners.

   C.   Shall establish specified daylight hours of operation.

   D.   Upon depletion of the area or discontinuation of the use, all temporary buildings and structures shall be entirely removed from the property within thirty (30) days; and

   E.   Landscaping and reclamation plans (with appropriate bonding) to be approved by the city council.

   F.   Existing gravel pits, rock quarries, sand and clay pits within the city limits which, in the opinion of the development services department, pose a safety hazard at the time of adoption hereof shall conform to this section within two (2) years of its adoption. (Ord. 1628, 1-12-2015)

   A.   Restrictions: Outdoor storage of any product, packaging or other materials shall not be located in any front yard setback area in any zone. In LO/R, C-l and C-2 zones, outdoor storage is not permitted unless in an enclosed accessory building. In C-3, C-4,1-1 and I- 2 zones outdoor storage shall be allowed in the rear or interior yard areas only, provided storage shall be screened from public view by an opaque fence, wall or hedge. “Outdoor storage” in this title and chapter means placement of merchandise for sale or storage and does not include retailers who set out merchandise for display during business hours only. Outdoor storage which abuts a residential zone shall provide a solid screen six feet (6') in height, whether or not such property is separated by an alley way or street.

   B.   Outdoor Sales Lots: Sales lots for large vehicular merchandise, i.e., automobiles, manufactured homes, trailers, boats, and motorcycles, shall be permitted in front yard areas in C-3, C-4, I-1 and I-2 zones. Merchandise displayed in sales lots shall not overhang into public right of way.

   C.   Vehicles: Any vehicles, other than a recognized sales car lot, which are unlicensed or inoperable for more than thirty (30) days on any lot, in any zone, must be maintained in an area enclosed from public view. (Ord. 1628, 1-12-2015; amd. Ord. 1653, 11-28-2016; Ord. 1803, 11-12-2024)

May require a conditional use permit. Government buildings, schools, parks, public recreation facilities, hospitals, etc., are allowed by conditional use in various zones after approval of specific plans and specifications for the use of said property. Any facilities of the city in its governmental capacity, as opposed to its proprietary capacity, shall not be subject to the above requirements regarding a conditional use. These facilities shall be compatible in appearance to the zones in which they are located. (Ord. 1628, 1-12-2015)

May require a conditional use permit. (See section 9-7-4, "Land Use Chart", of this title.) Any land use for a power plant or utility transmission facility shall require a conditional use permit with review by staff, the commission, city council or any other entity deemed necessary to assure that the intrusion of noncompatible land uses will not be injurious to adjacent property owners and to assure that the facility is so managed that no hazard or nuisance be created which either immediately or in the future may adversely affect the health, safety or general welfare of the community. Any such facility shall be in compliance with all municipal, county, state and federal laws. Prevailing wind direction shall be considered as a prime concern if there are any emissions into the air. (Ord. 1628, 1-12-2015)

May require a conditional use permit. (See section 9-7-4, "Land Use Chart", of this title.) Recreational vehicle parks, as allowed in certain zones, shall be located on a highway, collector or arterial street. RV parks shall be compatible to the surrounding areas where they are located. (Ord. 1628, 1-12-2015)

Requires a conditional use permit.

   A.   The above stated use(s) shall be completely enclosed by a solid six foot (6') high site obscuring fence, and materials will not be stacked closer than one foot (1') from the top of the fence.

   B.   The above stated use(s) shall not result in the storage of automobile, junk, or salvage material that is visible from any public right of way.

   C.   The above stated use(s) shall have such landscaping that is appropriate with the surrounding area. This will be concentrated along the frontage and outside the fence perimeter.

   D.   The above stated use(s) shall have lighting directed away from adjoining properties or highway rights of way. (Ord. 1628, 1-12-2015)

Requires a conditional use permit.

   A.   The above stated use(s) shall be located not nearer than one hundred fifty feet (150') from any residence, except for an owner's residence. All structures shall be set back a distance of fifty feet (50') from any property line;

   B.   The above stated use(s) 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; and

   C.   The above stated use(s) shall require that the owner or operator of such use have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of an animal nuisance as per section 6-6-1 of this code. (Ord. 1628, 1-12-2015)

Temporary uses are those uses which have the potential to create undesirable impacts on nearby properties which cannot be determined except on a case by case basis. In order to prevent this, all temporary uses shall be required to meet certain procedural requirements applicable to temporary uses, in addition to any other applicable requirements of this title. Temporary structures and temporary outdoor sales require a conditional use permit and/or license.

   A.   Application For Zoning Permit: A temporary building or land use shall first obtain a zoning permit which shall be issued by the development services department and shall clearly state the time frame for removal. All applications for proposed temporary uses shall be filed with the development services department, shall be in harmony with the goals and objectives of the comprehensive plan and city ordinances and shall contain, as a minimum, the following:

      1.   If applicable, a map of the subject property and names and addresses of adjoining property owners.

      2.   A written description of the proposed temporary use describing the type of activities, buildings and structures proposed for the subject property and their general locations. This description shall contain a statement which clearly indicates the first and last date of temporary use operation.

      3.   Written justification for the proposed temporary use.

   B.   Zoning Permit: If the development services department determines that the temporary use is in harmony with the goals and objectives of the comprehensive plan and does not create a substantial or adverse impact on adjacent property, the character of the neighborhood, traffic or other matters affecting the public health, safety, or general welfare, a zoning permit may be issued for a period of no more than six (6) months.

The permit shall state that the proposed site be fully restored to its original condition within seven (7) days of the completion of the operational period of the proposed temporary use.

   C.   Fee: A fee, as determined by the city council, shall be charged for the zoning permit.

   D.   Temporary Uses:

      1.   Building: A temporary building which is located in a commercial or industrial zone shall obtain a zoning permit which shall be issued by the development services department for no longer than six (6) months unless otherwise expressly provided herein. Any temporary buildings which are used in conjunction with temporary outdoor sales shall be removed within ten (10) days of discontinuance of sales.

      2.   Construction Projects: Construction projects shall not require review or special permitting for a temporary structure/building used during the construction period. Such temporary structure/use shall not remain more than one hundred eighty (180) days, unless given a written extension by the code official.

      3.   Contractor's Project Office: Includes any structure containing an on site construction management office for an active construction project and any structure or outdoor storage area designed for the on site storage of construction equipment and/or material for an active construction project. Requires development services department review.

         a.   Projects requiring said land use to be in place for more than three hundred sixty five (365) days (1 year) shall require a conditional use permit.

         b.   Facility shall be removed within ten (10) days of completion or ceasing of development activity.

      4.   Garage Sales/On Site: Includes all general sales open to the public, conducted from or on a residential premises in any residential zone, as defined by this title, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage", "lawn", "yard", "attic", "porch", "room", "backyard", "patio", "flea market" or "rummage" sale.

         a.   Personal Property: Property which is owned, utilized and maintained by an individual, or members of his or her residence, and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

         b.   Limit: No more than four (4) garage sales in any one calendar year shall be held at a dwelling unit, and no garage sale shall last more than three (3) days.

      5.   On Site Real Estate Sales Office (All Districts): Includes any building which serves as an on site sales office for a new development project.

         a.   Allowed for a total period of one year.

         b.   Facility shall be removed or converted to a permitted land use within ten (10) days of the completion of sales activity.

         c.   Signage shall comply with the requirements for temporary signs in chapter 13 of this title.

      6.   Outdoor Sales/Temporary: Includes any display, in commercial or industrial zones, of any items outside the confines of a building which is not otherwise permitted as a permitted, special, or conditional use, or a special event otherwise regulated by this code, i.e., sidewalk sales, produce sales. Requires development services department review and may require a city license.

         a.   Display shall be limited to a maximum of one hundred eighty (180) days in any calendar year.

         b.   Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

         c.   Signage shall comply with the requirements for temporary signs in chapter 13 of this title.

         d.   If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

      7.   Outdoor Assembly: Includes any advertised outdoor assembly of more than one hundred (100) persons on private property. Requires a conditional use permit.

         a.   Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

         b.   Signage shall comply with the requirements for temporary signs in chapter 13 of this title.

         c.   Adequate parking, drinking water, and toilet facilities shall be provided and shall be described in the application.

         d.   If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.

         e.   Adequate provisions for crowd control shall be made and shall be described within the application.

         f.   Shall comply with all codes and standards applicable to all temporary uses and shall be limited to no more than three (3) times per year.

      8.   Sign/Temporary: See signs/temporary, chapter 13 of this title.

   E.   Revocation Of Temporary Use Permits And/Or Approval: Any temporary use found not to be in compliance with the terms of this section shall be considered in violation of this section and shall be subject to all applicable procedures and penalties. (See chapter 2, "Organization And Enforcement", of this title.) (Ord. 1628, 1-12-2015)

   A.   Purpose: It is the purpose of this section to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on site consumption of utility supplied electricity and to do so in a manner that is consistent with prudent planning and the existing city ordinances.

   B.   Findings:

      1.   The city of Mountain Home finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources; however, wind energy systems must meet zoning and land use requirements as well as address issues related to their use in an urban environment. Evenly distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio when located properly. Small wind systems also make the electricity supply market more competitive by promoting customer choice.

      2.   The state of Idaho and the federal government have enacted a number of laws and programs to encourage the use of small scale renewable energy systems including rebates, tax exemptions, and net metering. However, many existing zoning ordinances contain restrictions which, while not intended to discourage the installation of small wind turbines, can substantially increase the time and costs required to obtain necessary construction permits. Therefore, the city of Mountain Home finds that it is necessary to standardize and streamline the proper issuance of building permits for small wind energy systems so that this clean, renewable energy resource can be utilized in a cost effective and timely manner.

   C.   Definitions:

       SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kilowatts and which is intended to primarily reduce on site consumption of electrical utility power.

      TOWER HEIGHT: The height above grade of the fixed portion of the tower, including the wind turbine itself.

   D.   Applications And Permits: All wind turbine installations shall require a conditional use permit. It shall be unlawful to construct, erect, install, alter or locate any small wind energy system within the city of Mountain Home unless a permit has been obtained pursuant to this section. The applicant shall submit an application on a form provided by the city to development services. The application shall contain a site plan and wind turbine drawings prepared by the manufacturer of the wind turbine and such other pertinent information as requested in the application. The applicant shall thereafter meet with development services concerning the application and information provided in support of the application. Drawings prepared and stamped by a structural engineer shall be required. If the small wind energy system proposed meets all of the applicable requirements, then the application shall be sent to the planning and zoning commission for consideration for a conditional use permit. It shall then go to city council. If city council approves the small wind energy system and the application, plans and specifications meet all of the requirements of this section a building permit shall be issued by the city's building official. The cost of a building permit shall be based on the actual construction value. The conditional use permit for a small wind energy system may be suspended and subsequently revoked at any time the system does not comply with this section. The holder of the permit shall be given a reasonable opportunity to comply with this section before the permit is revoked and in the event of any questions as to the interpretation of the section and/or compliance with the same the holder of the permit may appeal to the city council to determine interpretation and/or compliance.

   E.   Requirements For Small Wind Energy Systems: Small wind energy systems shall be a conditionally permitted use in all zoning classifications where structures of any sort are allowed; subject to the requirements set forth below:

      1.   Size Of Permitted Property: Any property under one-half (1/2) acre shall not be permitted to have a wind turbine.

      2.   Clearance Of Blade: No portion of the turbine or blades, or any other moving parts of the small wind energy system shall extend within twenty feet (20') of the ground. No blade may extend over parking areas, driveways, sidewalks, or exposed utility lines.

      3.   Tower Height: For property sizes between one-half (1/2) acre and one acre the tower height shall be limited to forty feet (40'). For property one acre or more in size, tower height shall be limited to sixty feet (60') except as otherwise imposed by FAA regulations.

      4.   Setback: No part of the wind system structure, including guywire anchors, may extend closer than fifteen feet (15') to the property boundaries of the installation site.

      5.   Noise: Small wind energy systems shall not exceed fifty eight (58) dBA (as stated in the manufacturer's specifications) and as measured at the closest neighboring property line. The level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.

      6.   Commercially Approved Wind Turbines: Only small wind turbines that have been approved and are on the list of commercially approved U.S. equipment providers identified by the American Wind Energy Association shall be permitted to be installed within the city limits of the city of Mountain Home.

      7.   FAA Regulations: Small wind energy systems must comply with all applicable federal aviation administration (FAA) regulations, including any necessary approvals for installations close to airports.

      8.   Other Aviation And Flight Restrictions: Proposed towers and other structures that will exceed the building height restrictions from the table provided for in this title must be compatible with the flight operations of Mountain Home Air Force Base (MHAFB) and the city of Mountain Home municipal airport operations. The proposed small wind energy systems plan shall be coordinated and approved by local, state, federal and military aviation officials. Height variances normally shall not be granted within five (5) miles of MHAFB or along depicted flight corridors.

      9.   National Electrical Code: All small wind energy systems shall comply with all requirements of the national electrical code. All building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electrical code. This information is frequently supplied by the manufacturer.

      10.   Utility Notification: No small wind energy system shall be installed until evidence has been provided to the city that the local power company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

      11.   International Building Code: All small wind energy systems shall comply with all requirements of the international building code. All building permit applications for small wind energy systems shall be accompanied by the approved conditional use permit and standard drawings of the wind turbine structure, including the tower, base, and footings. A soils report shall be required. An engineering analysis of the tower showing compliance with the international building code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.

   F.   Unsafe Systems: Any small wind energy system found to be unsafe by the city's building official shall be repaired by the landowner to meet federal, state and local safety standards or removed within forty five (45) days. If any small wind energy system is not operated for a continuous period of twelve (12) months, the city's building official shall notify the landowner by registered mail requiring that the owner declare his intention with the respect to the continued nonuse of the small wind energy system in writing within twenty eight (28) days of receipt of the request. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the city's building official deems the timetable for corrective action as unreasonable, he shall notify the landowner and such landowner shall remove the small wind energy system within one hundred twenty (120) days of receipt of notice from the city's building official. (Ord. 1628, 1-12-2015)

   A.   Definitions: As used in this section the following terms shall mean:

       ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

      ANTENNA SUPPORT STRUCTURE OR SUPPORT STRUCTURE: Any building or structure which can be used for locating wireless communication facilities (WCFs).

      APPLICANT: Any person who applies for a tower or wireless communication facility (WCF) development permit.

      APPLICATION: The process by which the owner of a parcel of land submits a request to develop, construct, build, modify, or erect a tower or WCF upon a parcel of land. The application includes all written documentation, verbal statements, and representations in whatever form, made by the applicant to the city concerning the request.

      ENGINEER: Any engineer licensed by the state of Idaho.

      LATTICE TOWER: Any self-supporting multiple sided, open steel frame structure used to support communication equipment.

      MICROCELL FACILITY: A small wireless communications facility consisting of an antenna that is either: 1) four feet (4') in height with an area of not more than five hundred eighty (580) square inches, or 2) if a tubular antenna, no more than four inches (4") in diameter and no more than six feet (6') in length.

      MONOPOLE: A support structure, which consists of a single pole, sunk in the ground and/or attached to a foundation.

      OWNER: Any person with fee title or long term (exceeding 10 years) leasehold to any parcel of land within the city, who desires to develop, construct, build, modify, or erect a tower or WCF upon such parcel of land.

      PERSON: Any natural person, firm, partnership, association, company, or other legal entity, public or private, whether for profit or not for profit.

      STEALTH: Any tower or WCF which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as light poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs, except in residential and LO/R zones.

      TOWER: A self-supporting lattice, guyed, or monopole structure constructed from grade, which supports WCFs. This term does not include amateur radio operator's equipment, as licensed by the FCC.

      WIRELESS COMMUNICATION FACILITY OR WCF: An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications, including the tower and/or support structure to which it is attached or upon which it is built. WCFs are composed of two (2) or more of the following components: 1) antenna, 2) support structure, 3) equipment enclosure, 4) security barrier. It also includes any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure.

      WIRELESS COMMUNICATIONS: Any personal wireless services as defined in the federal telecommunications act of 1996 which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed.

   B.   Facilities: This subsection establishes standards for the placement of wireless communication facilities (WCFs) including towers and other appurtenant structures, in all zoning districts. In order to protect the health, safety and welfare of the public as a whole, it is the intent of this subsection to minimize the adverse impacts of such equipment and structures on neighborhoods and surrounding developments by regulating the height, number, location, and design of such devices. All new WCFs and the expansion and/or alteration of any existing WCFs shall be subject to this section. Approval of requests to locate, improve, expand or modify WCFs shall be based upon the following criteria:

      1.   Permit Requirements: Permit requirements for the installation of WCFs are identified in table 1 of this section.

      2.   Collocation Requirement: Collocation is considered to be a visually unobtrusive installation method as the equipment is attached to an existing structure. Collocation shall require only an administrative review under the terms of subsection D of this section. No new tower shall be permitted unless the applicant demonstrates a good faith effort to collocate on an existing facility. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of the following:

         a.   No existing towers or structures are located within the geographic area that meets applicant's engineering requirements.

         b.   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

         c.   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

         d.   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing tower or structure, or the antenna on the existing tower or structure would cause interference with the applicant's proposed antenna.

         e.   The fees, costs or contractual provisions required by the owner of the existing tower or structure to share or adapt for sharing are unreasonable. Costs exceeding new tower development costs are considered unreasonable.

         f.   The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

TABLE 1

WIRELESS COMMUNICATION FACILITIES - ALLOWED,    CONDITIONAL OR PROHIBITED USE BY ZONE

 

 

 

TABLE 1-A

MAXIMUM BUILDING HEIGHT BY BASE ZONE

 

 

TABLE 1-B

MINIMUM SEPARATION OR BUFFER REQUIREMENTS

FOR TOWERS EXCEEDING BASE ZONE HEIGHT

 

 

   C.   Site Development Standards: The following standards shall apply to applications for noncollocated WCFs in all zoning districts:

      1.   Minimum Lot Area: No minimum lot area is required for a wireless communications facility. WCFs may be considered to be either principal or accessory uses, and the presence of an existing use or structure on the same lot shall not prohibit the placement of an antenna and/or tower on that lot. For purposes of determining compliance with zoning development regulations, the dimensions of the entire lot shall control, and the antennas and/or towers may be located on leased parcels within such lots.

      2.   Setbacks; Separation: Support tower structures that do not exceed the height limit of a zone must meet the setback requirements for that zone and all of the landscape and screening requirements. Support tower structures which exceed the height limit of the zone in which they are located shall be set back from all property lines as required by that zone or one foot (1') for every two feet (2') of total tower height, whichever produces the greater setback (tower separation, see table 1-B in this section).

      3.   Height: The height measurement of a WCF shall include the total height of the structure including antenna attachments. The maximum height allowed without obtaining a conditional use permit shall be determined by the zoning district in which the WCF is to be located (see table 1-A in this section). Structures exceeding these height limitations shall require the applicant to obtain a conditional use permit as indicated by table 1 of this section. Engineering studies and radio frequency modeling showing the need for the proposed height exception shall accompany the conditional use request. Maximum height allowed with a conditional use permit shall be determined by table 2 of this section. (Ord. 1628, 1-12-2015)

TABLE 2

 

 

(Ord. 1646, 2-8-2016)

Note: Facilities locating on an existing structure may be exempt from this standard as long as they do not exceed the approved height of the structure.

      4.   Engineering: All support tower structures shall be certified by an engineer licensed in the state of Idaho and be capable of supporting at least one additional WCF of the same size, weight and surface area as the applicant's.

      5.   Construction Code Applicability: The installation of any antenna shall comply with all applicable building and electrical codes.

      6.   Deed Restrictions: The installation of WCFs shall not violate any existing valid deed restrictions.

      7.   Equipment Facility: All equipment shelters, cabinets, or other on the ground ancillary equipment shall meet the setback requirements of the zone in which the WCF is located, and shall be maintained in safe working order at all times.

      8.   Screening And Landscaping: Tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip at least four feet (4') wide outside perimeter of the compound. A minimum of fifty percent (50%) of the plant materials shall be of an evergreen variety. In locations where the visual impact of the facility is minimal, the landscape requirement may be reduced or waived by the zoning administrator.

      9.   Color And Placement: To the greatest extent possible, materials, colors, textures, screening and landscaping shall be used that blend the tower facilities to the natural setting and the existing environment. Antennas and supporting electrical and mechanical equipment installed on a structure other than a tower shall use colors that are similar to the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

      10.   Lighting And Security: Except as specifically required by the federal aviation administration (FAA) or the federal communications commission (FCC), transmission structures shall not be artificially lighted. Transmitter equipment shelters may use security lighting, which is compatible with the surrounding neighborhood and confined to the boundaries of the site.

      11.   Advertising: No advertising or display shall be located on any antenna or antenna support structures.

      12.   Discontinuation Of Use: Any WCF that is no longer in use shall be reported immediately by the service provider to the zoning administrator. Discontinued facilities shall be completely removed by the owner within six (6) months of the date the use is discontinued, and the site shall be restored to its preexisting condition. To ensure compliance with this requirement, the owner or applicant shall post a bond in an amount determined by the city for the removal and restoration of an abandoned or discontinued WCF or tower.

      13.   Areas Where Prohibited Because Of Height: Lattice towers and monopoles that exceed the base zone height are prohibited within five hundred feet (500') of the following gateway streets:

         a.   American Legion Boulevard/Highway 20,

         b.   Highway 30/north and south, and

         c.   Airbase Road/West 6th south.

   D.   Facilities Which Are Not Visually Obtrusive: WCFs (including any supporting structures and appurtenances) which are installed to meet the following standards shall require only an administrative review (otherwise a conditional use permit is required). Any such installation must also be constructed or located so as to not create the potential for adverse noise (from generators or other accessory equipment), access or grading problems. These types of installations may also require building, electrical or other construction permits as well as design review approval. It shall be necessary for the applicant to submit site plans, drawings, photographs, simulations and other related information deemed necessary to the zoning administrator to determine that a proposed installation meets the criteria contained in this section.

Installations which are considered to be not visually obtrusive include, but are not limited to, the following:

      1.   Antennas located entirely within an otherwise approved sign. These may include antennas placed within the sign face or attached to a support structure so long as the design is such that the antenna is effectively unnoticeable. Such antenna may not be placed on a nonconforming sign.

      2.   Flush mounted, color coordinated panels on existing buildings where equipment is not visible above the roofline. All equipment shelters, cabinets or other accessory structures shall be located within the building utilized for the antenna, or on the ground outside and not conflict with any required setbacks, required landscaping or parking spaces.

      3.   Antennas, attached or built into architectural features or which appear to be architectural features themselves, added to existing structures (such as chimneys, cupolas, dormers, bell towers, water tanks, stadium lights, utility poles and other similar features) where the height limit for such architectural features is not exceeded.

      4.   Collocation on existing facilities where the height of the existing antenna tower or pole does not increase.

      5.   Installations which are located far from any prospective viewer and in such a way as to have a backdrop of terrain which obscures the visibility of the antenna which makes it visibly unobtrusive and effectively unnoticeable.

      6.   Antennas constructed such that they appear to be natural features or indigenous to the site and which are located in proximity to the features they are imitating so that they blend in and do not stand out visually.

   E.   Microcell Cellular Communication Facilities: "Microcell" cellular communication facilities provide communications coverage to a geographically limited and specifically defined area (e.g., a busy street intersection, an individual building or a topographically constrained area). Such facilities are integrated with standard cellular technology (i.e., a macrocell) to provide wireless communication services to the public. The installation of such facilities shall only require an administrative review if all of the following criteria are met, otherwise a conditional use permit shall be required:

      1.   No new antenna tower is erected (microcell facilities may be located on existing poles, towers, buildings, etc., in compliance with this section).

      2.   No antenna shall be located within thirty inches (30") of any space occupied by or available to the public.

      3.   No antenna shall exceed an area of six (6) square feet.

      4.   The equipment shelter associated with a microcell site may not exceed one hundred (100) square feet in floor area.

      5.   The antenna(s) may be mounted on a roof only if the height of the antenna(s) at the highest point does not exceed the horizontal distance from the antenna to the edge of the rooftop.

   F.   Application For Facilities: No person shall build, erect, or construct a tower or antenna support structure, nor install any WCFs upon any parcel of land within the city of Mountain Home, Idaho, without first having received a development permit from the city for that purpose.

      1.   An application to develop a WCF (including towers and support structures) shall include the following:

         a.   The name, address, and phone number of the property owner, and/or lessee of the land. If the applicant is not the owner of the land, then the written consent of the owner is required.

         b.   The legal description and address of the property.

         c.   The names, addresses, and telephone numbers of all owners of other towers or other support structures, within a one-half (1/2) mile radius.

         d.   Applicant must include and use the most recent technological design, including microcells, if applicable, and must demonstrate the need for towers or other support structures as opposed to microcells to accomplish their needs.

         e.   Applicant must show the need for a lattice or guyed tower as opposed to monotower, if a tower is required.

         f.   An affidavit attesting to the fact the applicant made diligent, but unsuccessful attempts to get permission to install or collocate the applicant's WCF on towers or usable support structures owned by other persons located within a one-half (1/2) mile radius of the proposed site.

         g.   Written statement or evidence from a qualified engineer that the proposed structure or installation will meet structural requirements of the building code and does not pose safety hazards to the public, such as explosion, fire or damage to property due to its proximity to volatile, flammable, explosive, or hazardous materials, and will not interfere with public safety communications or reception of radio, television, or other communication services enjoyed by adjacent property owners.

         h.   Applicant shall submit an accurate, color photo simulation of the proposed site with a realistic representation of the proposed installation, as it would appear when completed.

      2.   The development services department may require supplemental information or may deny an application based on insufficient or inaccurate information required by this section. (Ord. 1628, 1-12-2015)

All Mobile Food Concession Yards shall meet the following conditions:

   A.   Mobile Food Concession operations, sales, distribution of products, and parking shall occur solely o on a hard-surfaced pavement or asphalt.

   B.   No liquid waste or grease shall be disposed of or released into any sanitary sewer or storm drains, sidewalks, streets or other public places, or municipal waste receptacles located within any public sidewalk or right-of-way.

   C.   Trash receptacles shall be provided for use by customers of the Mobile Food Concessions Yard. The property and all adjacent streets and sidewalks shall be kept free and clear of refuse generated by the operation of the food truck.

   D.   Restroom Facilities shall be screened from surrounding properties and the public right-of-way.

   E.   Retail sale of nonfood items is not permitted without an approved special event permit.

   F.   The proposed mobile food yard will not impede pedestrian or vehicular traffic in the public way.

   G.   A detailed site plan demonstrating the following is required:

      1.   The location and orientation of each vendor pad.

      2.   Any paving, parking areas, trash enclosures, landscaping, planters, fencing, canopies, umbrellas, or other table covers, barriers, or any other site requirement by the International Building Code Health Department.

      3.   The location of all existing and proposed activities on site.

      4.   The circulation of all pedestrian and vehicle traffic on the site.

      5.   The mobile food concessions yard shall not occupy required parking stalls of any primary use of the site.

      6.   Parking for a mobile food yard is required at a ratio of two (2) stalls per mobile food business.

         a.   This requirement maybe waived as part of the conditional use permit process.

   H.   All Mobile Food Concessions Operations shall comply with City of Mountain Home City Code 4-11 Mobile Food Concessions. (Ord. 1757, 8-23-2022; amd. Ord. 1764, 8-23-2022)