The purpose of the A zone is to maintain important agricultural uses and areas considered suitable for open space, watershed protection and wildlife habitat. Agricultural and range lands assist in maintaining the county's distinctive rural character and economy in the production of agricultural products and livestock.

(Ord. No. 72rr, § 5.1.1, 1-9-2017)

In an A zone, the following uses and their accessory uses are permitted outright, subject to any and all other applicable provisions of this chapter:

(1)

Accessory apartments, subject to the provisions of section 110.16.060.

(2)

Alternative farm enterprises for the sale of agricultural products produced on the premises, except livestock, provided there is sufficient area to allow automobiles to park safely off the road right-of-way, and to re-enter the traffic in a forward direction; subject to section 110.16.150.

(3)

Airstrips for private use, with parking for owner and guests only; no leased parking spaces.

(4)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(5)

Commercial kennel: floor of kennel shall be paved and shall contain a drain to allow the area to be cleaned and disinfected; outdoor runs shall be enclosed with fences or walls of minimum of six feet in height; structures or enclosures used for the kennel, and accumulated animal waste, shall be located a minimum of 500 feet from any residence other than that of the property owner, and shall be located a minimum 100 feet from property line.

(6)

Riding arena: minimum lot size 20 acres.

(7)

Day care facility for no more than six children.

(8)

Fisheries, including fish ponds for breeding, and fish hatcheries.

(9)

Farming, including grazing; provided, however, a CAFO must comply with chapter 110.28.

(10)

Home occupations, subject to section 110.16.070.

(11)

Manufactured home.

(12)

Second single-family dwelling; a separate septic system approved by the north central district health department; the minimum lot size is five acres; the same owner must own both dwellings.

(13)

Single-family dwelling.

(14)

Stabling of horses: minimum lot size 20 acres; distance of stables from property lines 20 feet.

(15)

Telecommunications units, provided they are placed on existing poles, and storage buildings (in conjunction with telecommunication units) which are not larger than 100 square feet.

(16)

Timber harvesting and selling of firewood harvested on the premises.

(Ord. No. 72rr, § 5.1.2, 1-9-2017)

The following uses and their accessory uses are permitted, subject to any and all other applicable provisions of this chapter and subject to issuance of an administrative use permit:

(1)

Off-premises signs. Off-premises signs shall comply with the Nez Perce County Off-Premises Sign Ordinance.

(2)

Commercial uses on a residential lot in an accessory building.

a.

The use must be an accessory use to the residence; the residence must already be established, or a building permit shall be issued and construction begun (if after two years, the residence is not approved for occupancy, the permit shall not be renewed).

b.

The lot area used for the entire business, including buildings, storage area, drives, and parking areas, shall not exceed 25 percent of the lot size, or one acre, whichever is smaller, excluding parking for employees but including parking for customers, whichever is smaller.

c.

The business shall be enclosed completely in a building. Supplies may be kept outside if kept in an organized manner. If the business involves vehicle repair, no more than two vehicles may be kept outside the building at any one time, excluding vehicles used by employees to transport to the job site.

d.

No more than five persons, not residing on the property, per shift shall be employed in the business.

e.

If either employees or the public will use the site, structures shall meet all requirements of the International Building Code and International Fire Code and any other applicable codes or ordinances, adopted by the county.

f.

Structures shall be a minimum of five feet from property lines of adjoining land owners.

g.

No part of the business, including storage, shall be located any closer than 20 feet from the property lines of adjoining land owners. If storage is located near a residential building other than that of the owner, it shall be screened to prevent sight pollution.

h.

Vehicles for transporting products or materials shall be allowed on-site only from 7:00 a.m. to 8:00 p.m.

i.

Sales from the property shall be limited to the hours of 7:00 a.m. to 8:00 p.m. and shall be limited to not more than five customers each day during the week, and no more than ten customers each day on Saturday and Sunday, excluding tours.

j.

Tours shall be limited to four per month.

k.

The business shall be conducted in such a manner that it does not interfere with surrounding property owners so as not to pollute from air, noise, sight, or water.

l.

All effluent shall be contained on-site.

m.

The use shall not create a nuisance because of dust, odor, noise, smoke, or gas.

Any commercial or manufacturing use which does not meet these requirements may only be permitted by conditional use permit.

(3)

Temporary sales lot for Christmas trees or agricultural stands for products not grown on the premises.

a.

Christmas tree sales shall be allowed from November 15 to December 25 each year.

b.

Agricultural stands shall be allowed from May 1 to October 31 each year.

c.

Adequate off-road parking shall be provided.

d.

Two on-premises signs may be placed, which shall not exceed 32 square feet each, and must be removed when the operation closes. There shall be no flashing or intermittent lighting.

e.

Exterior lighting shall not interfere with surrounding neighbors and may be illuminated between the hours of 7:00 a.m. and 9:00 p.m. only.

f.

Access to the site shall meet county and state requirements.

g.

Music or other amplified sound shall be played between the hours of 7:00 a.m. and 9:00 p.m. only.

(4)

Special events. One-time (or one-day) special events which exceed more than 100 total persons, including participants and spectators, may be permitted with recommendation by the zoning official, and approval by the board. Special events may include, but shall not be limited to, concerts, entertainment, rodeo events, vehicle racing, or shows. Approval on special events will take into consideration sanitary facilities, vehicle access, spectator areas, surrounding property, hours and days of event, etc. If any affected resident opposes a special event, an appeal may be made directly to the board for consideration.

(Ord. No. 72rr, § 5.1.3, 1-9-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Agricultural support business (e.g., warehouses for agricultural uses, feed sales, machine repair shops, fertilizer plants, and storage facilities).

(2)

Airstrips; commercial, including those for agricultural use for properties not owned by the same land owner as the land the airstrip is located upon.

(3)

Churches, synagogues, temples, or other religious facilities, subject to section 110.24.060(2).

(4)

Commercial grain elevator.

(5)

Commercial greenhouse or nursery.

(6)

Day care for more than six children.

(7)

Duplexes.

(8)

Forest industries (e.g., sawmills, shake and shingle mills, chippers, pole yards, log dumps, log sorting and storage areas, temporary crew quarters, and other uses involved in the harvesting and primary processing of timber).

(9)

Manufactured home or recreational vehicle for a hardship:

a.

Hardship shall be a result of a condition of a family member which prevents that member from living in conforming housing.

b.

The conditional use permit shall be for a period of one year, but may be renewed for successive one-year periods upon annual application to the planning and zoning commission upon finding the hardship still exists.

c.

If approved by the north central district health department, an on-site sewage disposal system may be shared by the primary dwelling and the second dwelling.

d.

Once the hardship ceases to exist, the unit must be taken off the site.

(10)

Manufactured home park, in accordance with section 110.24.060(6).

(11)

Mini storage complex, in accordance with section 110.24.060(5).

(12)

Multifamily dwellings.

(13)

Neighborhood commercial less than 2,000 square feet (e.g., eating/drinking establishment, mini convenience store, or other use which would be commonly used by surrounding residences).

(14)

Recreation or entertainment facility.

(15)

Campgrounds or RV parks.

(16)

Public uses.

(17)

Quarries.

(18)

Radio, telephone, television transmission towers.

(19)

Rock crushing, subject to section 110.24.060(7).

(20)

Scrap material, salvage and automobile wrecking yard, subject to section 110.24.060(4).

(21)

Utility.

(22)

Veterinary clinic.

(23)

Commercial special events center, subject to section 110.24.060(9).

(24)

Brewery, subject to section 110.16.150.

(Ord. No. 72rr, § 5.1.4, 1-9-2017)

(a)

Lot size.

(1)

No lot shall be less than 20 acres.

(2)

The minimum lot width shall be 200 feet.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(2)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Buildings shall not exceed a height of 35 feet.

(Ord. No. 72rr, § 5.1.5, 1-9-2017; Ord. No. 72uu, § 5.5.5, 3-4-2019)

No limit.

(Ord. No. 72rr, § 5.1.6, 1-9-2017)

The purpose of the AR zone is to maintain important agricultural uses and areas considered unsuited for cultivation due to soil conditions and slope. Low densities of residential and other complementary uses will provide a transition from agricultural land uses to higher density residential and urban land uses.

(Ord. No. 72rr, § 5.2.1, 1-9-2017)

In an AR zone, the following uses and their accessory uses are permitted outright, subject to any and all other applicable provisions of this chapter:

(1)

Accessory apartments, subject to the provisions of section 110.16.060.

(2)

Alternative farm enterprises for the sale of agricultural products produced on the premises except livestock, provided there is sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction subject to section 110.16.150.

(3)

Airstrips for private use, with parking for owner and guests only; no leased parking spots.

(4)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(5)

Commercial kennel. The floor of the kennel shall be paved, and shall contain a drain to allow the area to be clean and disinfected; outdoor runs shall be enclosed with fences or walls of minimum of six feet in height; structures or enclosures used for the kennel, and accumulated animal waste, shall be located a minimum of 500 feet from any residence other than that of the property owner and shall be located a minimum 100 feet from any property line.

(6)

Riding arena. The minimum lot size is five acres.

(7)

Day care facility for no more than six children.

(8)

Fisheries, including fish ponds for breeding, and fish hatcheries.

(9)

Farming, including grazing, provided however a CAFO must comply with chapter 110.28.

(10)

Home occupations, subject to section 110.16.070.

(11)

Manufactured home.

(12)

Second single-family dwelling; a separate septic system approved by the north central district health department; the minimum lot size is five acres; the same owner must own both dwellings.

(13)

Single-family dwelling.

(14)

Stabling of horses; minimum lot size five acres; distance of stables from property lines 20 feet.

(15)

Telecommunications units provided they are placed on existing poles and storage buildings (in conjunction with telecommunication units) which are not larger than 100 square feet.

(16)

Timber harvesting and selling of firewood harvested on the premises.

(Ord. No. 72rr, § 5.2.2, 1-9-2017)

The following uses and their accessory uses are permitted, subject to any and all other applicable provisions of this chapter and subject to issuance of an administrative use permit:

(1)

Off-premises signs. Off-premises signs shall comply with the Nez Perce County Off-Premises Sign Ordinance.

(2)

Commercial uses on a residential lot in an accessory building.

a.

The use must be an accessory use to the residence; the residence must already be established, or a building permit shall be issued and construction begun (if after two years the residence is not approved for occupancy, the permit shall not be renewed).

b.

The lot area used for the entire business, including buildings, storage area, drives, and parking areas, shall not exceed 25 percent of the lot size, or one acre, whichever is smaller, excluding parking for employees but including parking for customers, whichever is smaller.

c.

The business shall be enclosed completely in a building. Supplies may be kept outside if kept in an organized manner. If the business involves vehicle repair, no more than two vehicles may be kept outside the building at any one time, excluding vehicles used by employees to transport to the job site.

d.

No more than five persons, not residing on the property, per shift shall be employed in the business.

e.

If either employees or the public will use the site, structures shall meet all requirements of the International Building Code and International Fire Code for type of usage.

f.

Structures shall be a minimum of five feet from property lines of adjoining land owners.

g.

No part of the business, including storage, shall be located any closer than 20 feet from the property lines of adjoining land owners. If storage is located near a residential building other than that of the owner, it shall be screened to prevent sight pollution.

h.

Vehicles for transporting products or materials shall be allowed on-site only from 7:00 a.m. to 8:00 p.m.

i.

Sales from the property shall be limited to the hours of 7:00 a.m. to 8:00 p.m. and shall be limited to not more than five customers each day during the week, and no more than ten customers each day on Saturday and Sunday, excluding tours.

j.

Tours shall be limited to four per month.

k.

The business shall be conducted in such a manner that it does not interfere with surrounding property owners so as not to pollute from air, noise, sight, or water.

l.

All effluent shall be contained on-site.

m.

The use shall not create a nuisance because of dust, odor, noise, smoke, or gas.

Any commercial or manufacturing use which does not meet these requirements may only be permitted by conditional use permit.

(3)

Temporary sales lot for Christmas trees or agricultural stands for products not grown on the premises.

a.

Christmas tree sales shall be allowed from November 15 to December 25 each year.

b.

Agricultural stands shall be allowed from May 1 to October 31 each year.

c.

Adequate off road parking shall be provided.

d.

Two on-premises signs may be placed, which shall not exceed 32 square feet each, and must be removed when the operation closes. There shall be no flashing or intermittent lighting.

e.

Exterior lighting shall not interfere with surrounding neighbors and may be illuminated between the hours of 7:00 a.m. and 9:00 p.m. only.

f.

Access to the site shall meet county and state requirements.

g.

Music or other amplified sound shall be played between the hours of 7:00 a.m. and 9:00 p.m. only.

(4)

Special events. One-time (or one-day) special events which exceed more than 100 total persons, including participants and spectators, may be permitted with recommendation by the zoning official, and approval by the board. Special events may include but shall not be limited to, concerts, entertainment, rodeo events, vehicle racing, or shows. Approval on special events will take into consideration sanitary facilities, vehicle access, spectator areas, surrounding property, hours and days of event, etc. If any affected resident opposes a special event, an appeal may be made directly to the board for consideration.

(Ord. No. 72rr, § 5.2.3, 1-9-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Agricultural support business (e.g., warehouses for agricultural uses, feed sales, machine repair shops, fertilizer plants and storage facilities).

(2)

Airstrips; commercial, including those for agricultural use for properties not owned by the same land owner as the land the airstrip is located upon.

(3)

Churches, synagogues, temples, or other religious facilities, subject to section 110.24.060(2).

(4)

Commercial grain elevator.

(5)

Commercial greenhouse or nursery.

(6)

Day care facility for more than six children.

(7)

Duplexes.

(8)

Forest industries (e.g., sawmills, shake and shingle mills, chippers, pole yards, log dumps, log sorting and storage areas, temporary crew quarters, and other uses involved in the harvesting and primary processing of timber).

(9)

Manufactured home or recreational vehicle for a hardship.

a.

Hardship shall be a result of a condition of a family member which prevents that member from living in conforming housing.

b.

The conditional use permit shall be for a period of one year, but may be renewed for successive one-year periods upon annual application to the planning and zoning commission, upon finding the hardship still exists.

c.

If approved by the north central district health department, an on-site sewage disposal system may be shared by the primary dwelling and the second dwelling.

d.

Once the hardship ceases to exist, the unit must be taken off the site.

(10)

Manufactured home park, in accordance with section 110.24.060(6).

(11)

Mini storage complex, in accordance with section 110.24.060(5).

(12)

Multifamily dwellings.

(13)

Neighborhood commercial, less than 2,000 square feet (e.g., eating/drinking establishment, mini convenience store, or other use which would be commonly used by surrounding residences).

(14)

Recreation or entertainment facility.

(15)

Campgrounds or RV parks.

(16)

Public use.

(17)

Quarries.

(18)

Radio, telephone, television transmission towers.

(19)

Rock crushing, subject to section 110.24.060(7).

(20)

Scrap material, salvage, and automobile wrecking yard, subject to section 110.24.060(4).

(21)

Utility.

(22)

Veterinary clinic.

(23)

Small wind energy system, subject to section 110.24.060(8).

(24)

Commercial special events center, subject to section 110.24.060(9).

(25)

Brewery, subject to section 110.16.150.

(Ord. No. 72rr, § 5.2.4, 1-9-2017)

(a)

Lot size.

(1)

No lot shall be less than five acres.

(2)

The minimum lot width shall be 200 feet.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(b)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Buildings shall not exceed a height of 35 feet.

(Ord. No. 72rr, § 5.2.5, 1-9-2017; Ord. No. 72uu, § 5.2.5, 3-4-2019)

No limit.

(Ord. No. 72rr, § 5.2.6, 1-9-2017)

The purpose of the forest zone (F) is to protect high value timber resources essential to the industries and economy of the county. These lands should be maintained for the continuing production of timber products. Low-density non-forest development and grazing may be allowed where this use will not unduly interfere with forestry.

(Ord. No. 72rr, § 5.3.1, 1-9-2017)

In an F zone, the following uses and their accessory uses are permitted outright subject to any and all other applicable provisions of this chapter:

(1)

Accessory apartments, subject to the provisions of section 110.16.060.

(2)

Airstrips for private use, with parking for owner and guests only; no leased parking spots.

(3)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(4)

Commercial kennel. The floor of the kennel shall be paved and shall contain a drain to allow the area to be cleaned and disinfected; outdoor runs shall be enclosed with fences or walls a minimum of six feet in height; structures or enclosures used for the kennel, and accumulated animal waste, shall be located a minimum of 500 feet from any residence other than that of the property owner and shall be located a minimum 100 feet from the property line.

(5)

Riding arena. A minimum lot size of five acres.

(6)

Day care facility for no more than six children.

(7)

Fisheries, including fish ponds for breeding, and fish hatcheries.

(8)

Farming, including grazing, except a CAFO shall not be permitted.

(9)

Home occupations, subject to section 110.16.070.

(10)

Manufactured home.

(11)

Second single-family dwelling; a separate septic system approved by the north central district health department; the minimum lot size is five acres; the same owner must own both dwellings.

(12)

Single-family dwelling.

(13)

Stabling of horses; minimum lot size five acres; distance of stables from property lines 20 feet.

(14)

Telecommunications units provided they are placed on existing poles and storage buildings (in conjunction with telecommunications units) which are not larger than 100 square feet.

(15)

Timber harvesting and selling of firewood harvested on the premises.

(16)

Alterative farm enterprises for the sale of agricultural products produced on the premises, except livestock, provided there is sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction; subject to section 110.16.150.

(Ord. No. 72rr, § 5.3.2, 1-9-2017)

The following uses and their accessory uses are permitted, subject to any and all other applicable provisions of this chapter and subject to issuance of an administrative use permit:

(1)

Off-premises signs. Off-premises signs shall comply with the Nez Perce County Off-Premises Sign Ordinance.

(2)

Commercial uses on a residential lot in an accessory building.

a.

The use must be an accessory use to the residence; the residence must already be established, or a building permit shall be issued and construction begun (if after two years the residence is not approved for occupancy, the permit shall not be renewed).

b.

The lot area used for the entire business, including buildings, storage area, drives, and parking areas, shall not exceed 25 percent of the lot size, or one acre, whichever is smaller, excluding parking for employees but including parking for customers, whichever is smaller.

c.

The business shall be enclosed completely in a building. Supplies may be kept outside if kept in an organized manner. If the business involves vehicle repair, no more than two vehicles may be kept outside the building at any one time, excluding vehicles used by employees to transport to the job site.

d.

No more than five persons, not residing on the property, per shift shall be employed in the business.

e.

If either employees or the public will use the site, structures shall meet all requirements of the International Building Code and International Fire Code for type of usage.

f.

Structures shall be a minimum of five feet from property lines of adjoining land owners.

g.

No part of the business, including storage, shall be located any closer than 20 feet from the property lines of adjoining land owners. If storage is located near a residential building other than that of the owner, it shall be screened to prevent sight pollution.

h.

Vehicles for transporting products or materials shall be allowed on-site only from 7:00 a.m. to 8:00 p.m.

i.

Sales from the property shall be limited to the hours of 7:00 a.m. to 8:00 p.m. and shall be limited to not more than five customers each day during the week, and no more than ten customers each day on Saturday and Sunday, excluding tours.

j.

Tours shall be limited to four per month.

k.

The business shall be conducted in such a manner that it does not interfere with surrounding property owners so as not to pollute from air, noise, sight, or water.

l.

All effluent shall be contained on-site.

m.

The use shall not create a nuisance because of dust, odor, noise, smoke, or gas. Any commercial or manufacturing use, which does not meet these requirements, may only be permitted by conditional use permit.

(3)

Temporary sales lot for Christmas trees or agricultural stands for products not grown on the premises.

a.

Christmas tree sales shall be allowed from November 15 to December 25 each year.

b.

Agricultural stands shall be allowed from May 1 to October 31 each year.

c.

Adequate off-road parking shall be provided.

d.

Two on-premises signs may be placed, which shall not exceed 32 square feet each, and must be removed when the operation closes. There shall be no flashing or intermittent lighting.

e.

Exterior lighting shall not interfere with surrounding neighbors and may be illuminated between the hours of 7:00 a.m. and 9:00 p.m. only.

f.

Access to the site shall meet county and state requirements.

g.

Music or other amplified sound shall be played between the hours of 7:00 a.m. and 9:00 p.m. only.

(4)

Special events. One-time (or one-day) special events which exceed more than 100 total persons, including participants and spectators, may be permitted with recommendation by the zoning official, and approval by the board. Special events may include but shall not be limited to, concerts, entertainment, rodeo events, vehicle racing, or shows. Approval on special events will take into consideration sanitary facilities, vehicle access, spectator areas, surrounding property, hours and days of event, etc. If any affected resident opposes a special event, an appeal may be made directly to the board for consideration.

(Ord. No. 72rr, § 5.3.3, 1-9-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Churches, synagogues, temples, or other religious facilities, subject to section 110.24.060(2).

(2)

Day care facilities for more than six children.

(3)

Forest industries (e.g., sawmills, shake and shingle mills, chippers, pole yards, log dumps, log sorting and storage areas, temporary crew quarters, and other uses involved in the harvesting and primary processing of timber).

(4)

Manufactured home or recreational vehicle for a hardship.

a.

Hardship shall be a result of a condition of a family member which prevents that member from living in conforming housing.

b.

The conditional use permit shall be for a period of one year, but may be renewed for successive one-year periods upon annual application to the planning and zoning commission, upon finding the hardship still exists.

c.

If approved by the north central district health department, an on-site sewage disposal system may be shared by the primary dwelling and the second dwelling.

d.

Once the hardship ceases to exist, the unit must be taken off the site.

(5)

Mini storage complex, in accordance with section 110.24.060(5).

(6)

Neighborhood commercial, less than 2,000 square feet (e.g., eating/drinking establishment, mini convenience store, or other use which would be commonly used by surrounding residences).

(7)

Recreation or entertainment facility.

(8)

Campgrounds or RV parks.

(9)

Public use.

(10)

Quarries.

(11)

Radio, telephone, television transmission towers.

(12)

Rock crushing, subject to section 110.24.060(7).

(13)

Utility.

(14)

Commercial special events center, subject to section 110.24.060(9).

(Ord. No. 72rr, § 5.3.4, 1-9-2017)

(a)

Lot size.

(1)

No lot shall be less than five acres.

(2)

The minimum lot width shall be 200 feet.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(2)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Buildings shall not exceed a height of 35 feet.

(Ord. No. 72rr, § 5.3.5, 1-9-2017; Ord. No. 72uu, § 5.3.5, 3-4-2019)

No limit.

(Ord. No. 72rr, § 5.3.6, 1-9-2017)

The purpose of the RR zone is to provide opportunities for residential development near employment, shopping and city services. Clustering of residential development will be encouraged to support more efficient provision, use and maintenance of public infrastructure and services while promoting more efficient use of land.

(Ord. No. 72rr, § 5.4.1, 1-9-2017)

In an RR zone, the following uses and their accessory uses are permitted outright subject to any and all other applicable provisions of this chapter:

(1)

Accessory apartments, subject to the provisions in section 110.16.060.

(2)

Day care facility for no more than six children.

(3)

Home occupations, subject to section 110.16.070.

(4)

Manufactured home.

(5)

Single-family dwelling.

(Ord. No. 72rr, § 5.4.2, 1-9-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(2)

Churches, synagogues, temples, or other religious facilities, subject to section 110.24.060(2).

(3)

Manufactured home or recreational vehicle for a hardship.

a.

Hardship shall be a result of a condition of a family member which prevents that member from living in conforming housing.

b.

The conditional use permit shall be for a period of one year, but may be renewed for successive one-year periods upon annual application to the planning and zoning commission, upon finding the hardship still exists.

c.

If approved by the north central district health department, an on-site sewage disposal system may be shared by the primary dwelling and the second dwelling.

d.

Once the hardship ceases to exist, the unit must be taken off the site.

(4)

Commercial special events center, subject to section 110.24.060(9).

(5)

Alterative farm enterprises for the sale of agricultural products produced on the premises, except livestock, provided there is sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction; subject to section 110.16.150.

(6)

Public and semi-public uses.

(Ord. No. 72rr, § 5.4.3, 1-9-2017)

(a)

Lot size.

(1)

No lot shall be less than one acre.

(2)

The minimum lot width shall be 100 feet.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(2)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Buildings shall not exceed a height of 35 feet.

(Ord. No. 72rr, § 5.4.4, 1-9-2017; Ord. No. 72uu, § 5.4.4, 3-4-2019)

Total aggregate square footage of buildings shall not exceed 50 percent of the total square footage of the lot.

(Ord. No. 72rr, § 5.4.5, 1-9-2017)

The purpose of the R-1 zone is to encourage clustering of medium density residential uses in neighborhood nodes that allow for more efficient provision, use and maintenance of public infrastructure and services while promoting more efficient use of land. Such zones will be located:

(1)

To provide opportunities for residential development near employment, shopping and city services;

(2)

Where land is not ideally suited for other zones;

(3)

Where single-family residential use is not in conflict with adjacent land uses; and

(4)

Where lots are served by a central water system.

(Ord. No. 72rr, § 5.5.1, 1-9-2017)

The minimum total area of any R-1 zone shall not be less than five acres. However, if land proposed for rezoning to R-1 abuts an existing R-1 zone, it may be less than five acres, provided that such lot must be served by a central water system.

(Ord. No. 72rr, § 5.5.2, 1-9-2017)

In the R-1 zone, the following uses and their accessory uses are permitted outright subject to any and all other applicable provisions of this chapter:

(1)

Day care facility for no more than six children.

(2)

Home occupations, subject to section 110.16.070.

(3)

Manufactured home.

(4)

Single-family dwelling.

(Ord. No. 72rr, § 5.5.3, 1-9-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(2)

Churches, synagogues, temples, or other religious facilities, subject to section 110.24.060(2).

(3)

Manufactured home or recreational vehicle for a hardship.

a.

Hardship shall be a result of a condition of a family member which prevents that member from living in conforming housing.

b.

The conditional use permit shall be for a period of one year but may be renewed for successive one-year periods upon annual application to the planning and zoning commission, upon finding the hardship still exists.

c.

If approved by the north central district health department, an on-site sewage disposal system may be shared by the primary dwelling and the second dwelling.

d.

Once the hardship ceases to exist, the unit must be taken off the site.

(4)

Public and semi-public uses.

(5)

Commercial special events center, subject to section 110.24.060(9).

(6)

Alterative farm enterprises for the sale of agricultural products produced on the premises, except livestock, provided there is sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction, subject to section 110.16.150.

(Ord. No. 72rr, § 5.5.4, 1-9-2017)

(a)

Lot size.

(1)

The minimum lot size shall not be less than one-half acre.

(2)

The minimum lot width shall be 83 feet.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(2)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Buildings shall not exceed a height of 35 feet.

(Ord. No. 72rr, § 5.5.5, 1-9-2017; Ord. No. 72uu, § 5.5.5, 3-4-2019)

Total aggregate square footage of buildings shall not exceed 40 percent of the total square footage of the lot.

(Ord. No. 72rr, § 5.5.6, 1-9-2017)

The purpose of the HC zone is to allow commercial uses, which cater primarily to the motoring highway traffic. This zone will be permitted on state and federal highways and county roads, where appropriately supported by the surrounding land uses and public infrastructure.

(Ord. No. 72rr, § 5.7.1, 1-9-2017)

In an HC zone, the following uses and their accessory uses are permitted outright subject to any and all other applicable provisions of this chapter:

(1)

Motel/hotel.

(2)

Eating or drinking establishments.

(3)

Gasoline service stations.

(4)

RV park.

(5)

Automobile, truck, motorized vehicle, boat, manufactured home sales and repair.

(6)

Gift shops.

(7)

Churches, synagogues, temples, or other religious facilities, subject to section 110.24.060(2).

(8)

Convenience store (not to exceed 20,000 square feet).

(9)

Self-service laundromats.

(10)

Automobile and truck washes.

(11)

Indoor commercial entertainment and recreation, except coliseums and stadiums.

(12)

Nurseries and gardening supplies.

(13)

Retail motor vehicle supply stores, including parts and accessories.

(14)

Bed and breakfast.

(15)

Manufactured home for caretaker or night watchman.

(16)

Cultural or historical facility.

(17)

Business, professional, financial, and administrative offices (not to exceed 20,000 square feet).

(18)

Brewery, subject to section 110.16.150.

(Ord. No. 72rr, § 5.7.2, 1-9-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Mini storage complex, in accordance with section 110.24.060(5).

(2)

Stores exceeding 20,000 square feet.

(3)

Outdoor recreation or entertainment.

(4)

Business, professional, financial, and administrative offices exceeding 20,000 square feet.

(5)

Public uses.

(6)

Night watchman's or caretaker's living quarters.

(7)

Commercial special events center.

(Ord. No. 72rr, § 5.7.3, 1-9-2017)

(a)

Lot size. Minimum lot size shall be at least one acre.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(2)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Building height shall not exceed 35 feet.

(Ord. No. 72rr, § 5.7.4, 1-9-2017; Ord. No. 72uu, § 5.7.4, 3-4-2019)

(a)

The purpose of the H zone is to recognize, protect and highlight structures and sites of historical, architectural, archaeological or cultural significance to the community. Compatible uses with surrounding properties are encouraged to maintain and enhance the character of these historic structures and sites. This zone may be overlaid upon any zone and shall meet the requirements of this district.

(b)

As part of the process for approval of the overlay of this zone, the historical significance of the site shall be established.

(Ord. No. 72rr, § 5.8.1, 1-9-2017)

Any use permitted as an outright use in the underlying zone is allowed as a permitted use, subject to any and all other applicable provisions of this chapter.

(Ord. No. 72rr, § 5.8.2, 1-9-2017)

In the H zone, the following uses and their accessory uses are permitted, subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Public use.

(2)

Professional and business offices.

(3)

Personal service use.

(4)

Day care facility.

(5)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(6)

Neighborhood market place.

(7)

Commercial special events center.

(Ord. No. 72rr, § 5.8.3, 1-9-2017)

Any change or development involving a modification of the structure or site shall be submitted to the planning and zoning commission for recommendation to the board. Standards for development and modification shall be as stated in this section.

(Ord. No. 72rr, § 5.8.4, 1-9-2017)

(a)

Lot size. There shall be no minimum lot size.

(b)

Yards.

(1)

Setbacks from all roads shall be a minimum of 20 feet from the property line or 45 feet from the centerline of the road, whichever is greater.

(2)

Setbacks from all other property lines shall be a minimum of five feet.

(c)

Height of buildings. Building shall not exceed a height of 35 feet.

(d)

Lot coverage. Total aggregate square footage of buildings shall not exceed 40 percent of the total square footage of the lot.

(Ord. No. 72rr, § 5.8.5, 1-9-2017; Ord. No. 72uu, § 5.8.5, 3-4-2019)

Parking lots shall be paved and striped and shall comply with the landscaping requirements of section 110.16.090 regardless of the number of parking spaces.

(Ord. No. 72rr, § 5.8.6, 1-9-2017)

The purpose of the I-1 zone is to establish and encourage light manufacturing, processing, storage, warehousing, distribution and commercial uses in areas in order to:

(1)

Minimize impacts on residential-zoned properties.

(2)

Encourage recognizable industrial and commercial business clusters for customers.

(3)

Provide for strategic development of year-round employment centers.

(4)

Minimize traffic congestion on roads.

(5)

Limit nuisances and unsafe conditions among uses in this zone and between this and other zones.

(Ord. No. 72rr, § 5.9.1, 1-9-2017)

In an I-1 zone, the following uses and their accessory uses are permitted outright subject to any and all other applicable provisions of this chapter:

(1)

Automobile, boat, truck, recreational vehicle, farming machinery, and other heavy equipment rental, sales, and service.

(2)

Professional and business offices.

(3)

General contracting and storage yard.

(4)

Wholesale distribution.

(5)

Mini storage complex, in accordance with section 110.24.060(5).

(6)

Public uses.

(7)

Retail sales and service.

(8)

Service station, including a car wash.

(9)

Truck terminals.

(10)

Greenhouses and nurseries.

(11)

Veterinary clinic.

(12)

Industrial parks.

(13)

Commercial kennel. Floor of kennel shall be paved, and shall contain a drain to allow the area to be cleaned and disinfected; outdoor runs shall be enclosed with fences or walls a minimum of six feet in height; structures or enclosures used for the kennel, and accumulated animal waste shall be located a minimum of 500 feet from any residence other than that of the property owner and shall be located a minimum of 100 feet from property line.

(14)

Lumber yards, building supply outlets.

(15)

Sawmill.

(16)

Night watchman's or caretaker's living quarters.

(17)

Brewery, subject to section 110.16.150.

(Ord. No. 72rr, § 5.9.2, 1-9-2017)

In an I-1 zone, the following uses and their accessory uses are permitted, subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Quarries.

(2)

Recycling operations.

(3)

Rock crushing, subject to section 110.24.060(7).

(4)

Scrap metal, salvage, and automobile wrecking yards, subject to section 110.24.060(4).

(5)

Commercial special events center.

(Ord. No. 72rr, § 5.9.3, 1-9-2017; Ord. No. 72tt, § 2, 6-5-2017)

In an I-1 zone, the following limitations shall apply:

(1)

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

(2)

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

(3)

All service, processing, and storage on property abutting or facing a residential zone, area, or section, or a through highway shall be wholly within an enclosed building or screened from view from the residential zone, area, or section or a through highway by a maintained, sight-obscuring fence at least eight feet high.

(4)

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

(5)

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

(6)

Effluent shall not be returned to the rivers without prior approved treatment or processing to ensure compliance with state and federal water pollution control standards and county ordinances.

(7)

Outdoor lighting shall be shielded or directed away from abutting roads and away from abutting lots with established residential uses that are across a public right-of-way 60 feet in width or less to prevent glare and trespass.

(8)

Solid waste handling equipment shall be prohibited from operating within or shall be placed a minimum of 25 feet from the property lines abutting established residential uses and those residential uses across a public right-of-way 60 feet in width or less.

(9)

Uses involving the service or repair of heavy equipment shall take place entirely within a fully enclosed structure; doors and access to said structure shall be oriented away from any abutting, established residential use and away from any established residential use located across a public right-of-way 60 feet in width or less.

(10)

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

(11)

All parking lot development shall be subject to the standards set forth in section 110.16.090 for all parking lot and landscape standards.

(12)

All uses, activities, and construction sites shall be controlled to minimize dust generation.

(13)

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

(Ord. No. 72rr, § 5.9.4, 1-9-2017)

(a)

Lot size. There shall be no minimum lot size.

(b)

Yards. A side yard or rear yard abutting a residential zone shall be a minimum of 25 feet from property line.

(Ord. No. 72rr, § 5.9.5, 1-9-2017)

The purpose of the LCI zone is to allow industrial or commercial uses of a nature and scale that have a minimal impact on the character of surrounding rural and/or rural residential areas of the county. The LCI zone is appropriate for small-scale commercial or industrial uses which exceed the limitations of home occupations and do not approach the intensity of those uses better suited to the intent and purpose of the light industrial zone.

(Ord. No. 72rr, § 5.10.1, 1-9-2017; Ord. No. 72RR, § 1, 1-17-2017)

In an LCI zone, the following uses and their accessory uses are permitted outright, subject to any and all other applicable provisions of this chapter:

(1)

Accessory apartments, subject to the provisions of section 110.16.060.

(2)

Alternative farm enterprises for the sale of agricultural products produced on the premises except livestock, provided there is sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction subject to section 110.16.150.

(3)

Airstrips for private use, with parking for owner and guests only; no leased parking spots.

(4)

Agricultural support business (e.g., warehouses for agricultural uses, feed sales, machine repair shops, fertilizer plants and storage facilities).

(5)

Bed and breakfast, with not more than five bedrooms devoted to use by patrons. If the existing residence has more than five bedrooms, the additional bedrooms may be used for the bed and breakfast.

(6)

Commercial grain elevator.

(7)

Commercial greenhouse or nursery.

(8)

Duplexes.

(9)

Day care facility.

(10)

Fisheries, including fish ponds for breeding, and fish hatcheries.

(11)

Farming, including grazing, provided however a CAFO must comply with chapter 110.28.

(12)

Home occupations, subject to section 110.16.070 of this chapter.

(13)

Light manufacturing and/or processing.

(14)

Manufactured home.

(15)

Manufactured home park, in accordance with section 110.24.060(6).

(16)

Mini storage complex, in accordance with section 110.24.060(5).

(17)

Multifamily dwellings.

(18)

Neighborhood commercial less than 2,000 square feet (e.g., eating/drinking establishment, mini convenience store, or other use which would be commonly used by surrounding residences).

(19)

Recreation or entertainment facility.

(20)

Campgrounds or RV parks.

(21)

Professional and business offices.

(22)

Public use.

(23)

Riding arena: the minimum lot size is five acres.

(24)

Second single-family dwelling; a separate septic system approved by the north central district health department; the minimum lot size is five acres; the same owner must own both dwellings.

(25)

Single-family dwelling.

(26)

Small wind energy system, subject to section 110.24.060(8).

(27)

Stabling of horses; minimum lot size five acres; distance of stables from property lines 20 feet.

(28)

Telecommunications units provided they are placed on existing poles and storage buildings (in conjunction with telecommunication units) which are not larger than 100 square feet.

(29)

Timber harvesting and selling of firewood harvested on the premises.

(30)

Veterinary clinic.

(31)

Wholesale and/or retail distribution, including bottling and/or packaging of products.

(Ord. No. 72rr, § 5.10.2, 1-9-2017; Ord. No. 72RR, § 1, 1-17-2017)

The following uses and their accessory uses are permitted, subject to any and all other applicable provisions of this chapter and subject to issuance of an administrative use permit:

(1)

Off-premises signs. Off-premises signs shall comply with the Nez Perce County Off-Premises Sign Ordinance.

(2)

Temporary sales lot for Christmas trees or agricultural stands for products not grown on the premises.

a.

Christmas tree sales shall be allowed from November 15 to December 25 each year.

b.

Agricultural stands shall be allowed from May 1 to October 31 each year.

c.

Adequate off-road parking shall be provided.

d.

Two on-premises signs may be placed, which shall not exceed 32 square feet each, and must be removed when the operation closes. There shall be no flashing or intermittent lighting.

e.

Exterior lighting shall not interfere with surrounding neighbors and may be illuminated between the hours of 7:00 a.m. and 9:00 p.m. only.

f.

Access to the site shall meet county and state requirements.

g.

Music or other amplified sound shall be played between the hours of 7:00 a.m. and 9:00 p.m. only.

(3)

Special events. One-time (or one-day) special events which exceed more than 100 total persons, including participants and spectators, may be permitted with recommendation by the zoning official, and approval by the board. Special events may include, but shall not be limited to, concerts, entertainment, rodeo events, vehicle racing, or shows. Approval on special events will take into consideration sanitary facilities, vehicle access, spectator areas, surrounding property, hours and days of event, etc. If any affected resident opposes a special event, an appeal may be made directly to the board for consideration.

(Ord. No. 72rr, § 5.10.3, 1-9-2017; Ord. No. 72RR, § 1, 1-17-2017)

The following uses and their accessory uses are permitted subject to any and all other applicable provisions of this chapter and subject to issuance of a conditional use permit:

(1)

Airstrips; commercial, including those for agricultural use for properties not owned by the same land owner as the land the airstrip is located upon.

(2)

Automobile, boat, truck, recreational vehicle, farming machinery, and other heavy equipment rental, sales, and service.

(3)

Brewery, subject to section 110.16.150.

(4)

Commercial special events center, subject to section 110.24.060(9).

(5)

Forest industries (e.g., sawmills, shake and shingle mills, chippers, pole yards, log dumps, log sorting and storage areas, temporary crew quarters, and other uses involved in the harvesting and primary processing of timber).

(6)

General contracting and storage yard.

(7)

Quarries.

(8)

Manufactured home or recreational vehicle for a hardship.

a.

Hardship shall be a result of a condition of a family member which prevents that member from living in conforming housing.

b.

The conditional use permit shall be for a period of one year, but may be renewed for successive one-year periods upon annual application to the planning and zoning commission, upon finding the hardship still exists.

c.

If approved by the north central district health department, an on-site sewage disposal system may be shared by the primary dwelling and the second dwelling.

d.

Once the hardship ceases to exist, the unit must be taken off the site.

(9)

Radio, telephone, television transmission towers.

(10)

Recycling operations.

(11)

Rock crushing, subject to section 110.24.060(7).

(12)

Scrap material, salvage, and automobile wrecking yard, subject to section 110.24.060(4).

(13)

Utility.

(Ord. No. 72rr, § 5.10.4, 1-9-2017; Ord. No. 72RR, § 1, 1-17-2017)

(a)

In an LCI zone, the following limitations shall apply:

(1)

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

(2)

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

(3)

All service, processing, and storage on property abutting or facing a residential zone, area, or section, or a through highway shall be wholly within an enclosed building or screened from view from the residential zone, area, or section or a through highway by existing mature vegetation or a sight-obscuring fence at least eight feet high.

(4)

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

(5)

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

(6)

All effluent shall be contained on-site.

(7)

Outdoor lighting shall be shielded or directed away from abutting roads and away from abutting lots with established residential uses that are across a public right-of-way 60 feet in width or less to prevent glare and trespass.

(8)

Solid waste handling equipment shall be prohibited from operating within or shall be placed a minimum of 25 feet from the property lines abutting established residential uses and those residential uses across a public right-of-way 60 feet in width or less.

(9)

Uses involving the service or repair of heavy equipment shall take place entirely within a fully enclosed structure; doors and access to said structure shall be oriented away from any abutting, established residential use and away from any established residential use located across a public right-of-way 60 feet in width or less.

(10)

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

(11)

All parking lot development shall be subject to the standards set forth in section 110.16.090 for all parking lot and landscape standards.

(12)

All uses, activities, and construction sites shall be controlled to minimize dust generation.

(13)

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

(b)

Any commercial or manufacturing use which does not meet the following requirements may only be permitted by conditional use permit:

(1)

No more than ten persons, not residing on the property, per shift shall be employed in the business.

(2)

Vehicles for transporting products or materials shall be allowed on-site only from 6:00 a.m. to 6:00 p.m.

(Ord. No. 72rr, § 5.10.5, 1-9-2017; Ord. No. 72RR, § 1, 1-17-2017)

(a)

Lot size. There shall be no minimum lot size.

(b)

Yards. A side yard or rear yard abutting a residential zone shall be a minimum of 25 feet from property line.

(Ord. No. 72rr, § 5.10.6, 1-9-2017; Ord. No. 72RR, § 1, 1-17-2017)