The purpose of this chapter is to provide consistent and standard general regulations and requirements for the development and use of land within the county.

(Ord. No. 72rr, § 6.1, 1-9-2017)

(a)

Minimum lot size shall be subject to the minimum lot size requirement of the applicable zoning district, but may be increased due to north central district health department standards for the installation of approved domestic water supply and sewage disposal systems.

(b)

If an existing lot is divided by a county road, that is maintained by the county, the minimum lot size for either portion may be less than the minimum required for the zoning district but shall be a minimum of one-half acre in size and have all the rights and be subject to all restrictions of the applicable zoning district, including restrictions upon uses tied to a minimum acreage.

(c)

Public utilities shall be exempt from the minimum lot size in any district, but shall meet the minimum setback requirements of the applicable zoning district.

(Ord. No. 72rr, § 6.2, 1-9-2017)

No accessory building shall be constructed in the front yard in the single residential (R-1) zone.

(Ord. No. 72rr, § 6.3, 1-9-2017)

(a)

Every lot upon a county road shall abut said road for at least 20 feet. Other lots shall have a deeded ingress/egress easement to the property, which is recorded in the county recorder's office.

(b)

Lots abutting the Snake River shall front the Snake River for at least 20 feet, or shall have a deeded access easement to the property, which is recorded in the county recorder's office.

(Ord. No. 72rr, § 6.4, 1-9-2017)

A clear vision area, as defined in section 101.01.030, shall be maintained on the corners of all property within the intersection of roadways, or of a roadway and railroad. The clear vision area shall contain no trees, shrubs or other plantings, fences, walls, signs or other temporary or permanent sight obstructions of any nature exceeding 30 inches in height above the existing centerline elevation of the adjacent roadway, except that trees exceeding 30 inches in height may be permitted if all branches and foliage are removed to a height of nine feet above the existing centerline elevation of the adjacent roadway.

(Ord. No. 72rr, § 6.5, 1-9-2017)

(a)

The accessory apartment will be permitted in any zone that permits a second residence. The accessory apartment shall qualify as the second residence upon the lot or parcel.

(b)

There shall be no more than one accessory apartment on any one lot.

(c)

The accessory apartment shall not exceed the greater of 700 square feet, or 30 percent of the gross floor area of the dwelling, excluding parking garages.

(d)

There shall be no more than two bedrooms in the accessory apartment.

(e)

The accessory apartment shall have its own toilet, bathtub or shower, and kitchen facilities.

(f)

The accessory apartment shall have septic facilities approved by the public health department.

(g)

The accessory apartment must comply with adopted building code requirements.

(h)

A certificate of occupancy shall be issued for the accessory apartment, subject to verification of compliance with the provisions of this section by inspection of the premises.

(Ord. No. 72rr, § 6.6, 1-9-2017)

(a)

The home occupation provision is included in recognition of the needs of many people who are engaged in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them, or which, in the nature of the home occupation, cannot be expanded to full-scale enterprises.

(b)

It is the intent of this chapter that full-scale commercial or professional operations, which would ordinarily be conducted in a commercial or industrial zone, continue to be conducted in such zone, as a conditional use, or an administrative use.

(c)

A home occupation not meeting the following criteria may be allowed by conditional use or administrative use permit only:

(1)

Not more than one person, other than members of a family residing on the premises, shall be engaged in such occupation.

(2)

The use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(3)

No exterior display, including window displays, shall be permitted, except exterior signs as specified below.

(4)

No outdoor storage shall be permitted.

(5)

Exterior signs shall be restricted to those, which are unlighted and no larger than 32 square feet. Only one such sign is allowed.

(6)

There shall be no other exterior indication of the home occupation.

(7)

No home occupation shall be conducted in such a manner, and/or no materials or mechanical equipment shall be used, which will be detrimental to the residential use of said residence; or cause a nuisance to surrounding residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

(8)

Any need for parking generated by the conduct of such home occupation shall meet off road parking requirements.

(9)

An accessory building, which is less than 1,000 square feet, may be used for the home occupation, and only one building may be used regardless of the size.

(Ord. No. 72rr, § 6.7, 1-9-2017)

New construction, expansion, remodeling and changes in use which result in an increase in the required number of parking and loading spaces shall require approval of plans necessary to determine compliance with the provisions of this section. All parking lot improvements required by this section shall be installed and approved by inspection prior to issuance of certificate of occupancy. If parking or loading space has been provided in connection with an existing use, or is added to an existing use, the parking or loading space shall not be eliminated if it would reduce the number of spaces required by this chapter. When square feet are specified, then the area measured shall be the gross floor area of the building, but shall exclude any space within a building devoted to off-road parking or loading. When the number of employees is specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak season. Fractional space requirements shall be counted as a whole space.

(1)

Residential uses. Single-family dwelling or duplex: two spaces per dwelling unit.

(2)

Commercial residential.

a.

Motel or hotel: one space per guestroom or suite, plus additional spaces for the owner or manager.

b.

Club or lodge: spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc.

c.

Bed and breakfast: two spaces for the resident owner, plus one space per guest room or suite.

d.

Alternative farm enterprises: two spaces for the resident owner, plus one space per 400 square feet of floor space.

(3)

Institutions. Convalescent hospital, nursing home, sanitarium, rest home, or home for aged: one space per two beds for patients or residents.

(4)

Places of assembly.

a.

Church, temple or synagogue: one space per four seats, or eight feet of bench length in the main auditorium.

b.

Library or reading room: one space per 400 square feet of floor plus one space per two employees.

c.

Other auditorium or meeting room: one space per four seats, or eight feet of bench length. If no fixed seats or benches, one space per 60 square feet of floor area.

(5)

Alternative farm enterprises: one per 300 square feet of floor space.

(6)

Commercial.

a.

Retail stores: one space per 400 square feet of floor space.

b.

Service or repair shops: retail store handling exclusively bulky merchandise such as automobiles and furniture: one space per 600 square feet of floor area plus one space per two employees.

c.

Eating or drinking establishments: one space per 200 square feet of floor area.

d.

Offices: one space per 250 square feet of floor area plus 1½ spaces per two employees.

(7)

Industrial.

a.

Storage warehouse, manufacturing establishment, air, rail, or trucking freight terminal: one space per employee.

b.

Wholesale establishment: one space per employee plus one space per 700 square feet of patron service area.

(8)

The zoning official shall determine parking requirements for uses other than those listed above.

(Ord. No. 72rr, § 6.8, 1-9-2017)

Landscaping in commercial and industrial uses shall be required for all off-road parking areas for more than ten vehicles, excluding those spaces used for single-family residential use, in order to reduce the barren appearance of parking lots, and to provide landscaped buffers between public rights-of-way and parking lot areas, subject to the following provisions:

(1)

A minimum of five percent of the gross parking area, including a minimum three foot buffer strip abutting a public right-of-way, except for required clear vision area, shall be landscaped with approved living plant materials which shall include, but not be limited to, trees and shrubs. Trees shall be at least six feet high at the time of planting. Landscaping shall be of such a density, and distributed in such a manner, as to achieve a pleasing appearance, as determined by the zoning official.

(2)

An automatic underground sprinkling system shall be installed for all required landscaping in any area requiring more than 100 off-road parking stalls.

(3)

A performance bond may be required to ensure compliance with this section and to cover maintenance for a period not to exceed one year after time of planting.

(Ord. No. 72rr, § 6.9, 1-9-2017)

(a)

Off-road loading shall be required as provided in this section and section 110.16.110 designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children.

(b)

Buildings or structures, which receive and distribute material or merchandise by truck, shall provide and maintain off-road loading berths in sufficient numbers and sizes to handle adequately the needs of the particular use.

(c)

Vehicles in the berth shall not protrude into a public right-of-way or sidewalk. When possible, loading berths shall be located so that vehicles are not required to back or maneuver in a public road.

(d)

Off-road parking space used to fulfill the requirements of this chapter shall not be used for loading and unloading except during periods of the day when it is not required to meet the parking needs.

(Ord. No. 72rr, § 6.10, 1-9-2017)

The general provisions for off-road parking and loading shall be as follows:

(1)

The provision and maintenance of off-road parking and loading spaces and required landscaping is a continuing obligation of the property owner. No building or other permit shall be issued until plans which show property that is, and will remain, available for exclusive use as off-road parking and loading space have been approved by the zoning official. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-road parking or loading requirements, it shall be a violation of this chapter to begin or maintain such altered use until such time as the increased off-road parking or loading requirements are complied with.

(2)

Requirements for types of buildings and uses not specifically listed herein shall be determined by the zoning official based upon the requirements for comparable uses listed.

(3)

When several uses occupy a single structure or parcel of land, the total requirements for off-road parking shall be the sum of the requirements of the several uses computed separately.

(4)

Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap, provided that satisfactory legal evidence is presented to the county in the form of deeds, leases, or contracts to establish the joint use.

(5)

Off-road parking spaces for dwellings shall be located on the same lot with the dwelling.

(6)

Other required parking spaces shall be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building.

(7)

Required parking spaces shall be available for the parking of passenger automobiles or residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials, or for the parking of trucks used in conducting the business or use.

(8)

Unless otherwise provided, required parking and loading spaces shall not be located in a yard required by this chapter and shall not be located in any road right-of-way or road easement.

(9)

A plan, drawn to scale, indicating how the off-road parking and loading requirements are to be met shall accompany an application for a building permit. The plan shall show all elements necessary to indicate that the requirements are being met, including the following:

a.

Individual parking and loading spaces, including their dimensions.

b.

Circulation area necessary to serve spaces.

c.

Access to roads and property to be served.

d.

Curb cuts, including width dimensions.

e.

Dimensions, continuity, and substance of screening, if any.

f.

Grading, surfacing, drainage, and sub grading details.

g.

Obstacles, if any, to parking and traffic circulation in finished parking area.

h.

Specifications for signs and bumper guards.

i.

Landscaping in parking areas.

j.

Other pertinent details.

(10)

Design requirements for parking lots.

a.

Areas used for parking vehicles and for maneuvering shall have durable and dustless surfaces adequately maintained.

b.

Except for parking in connection with dwellings, parking and loading areas adjacent to or within a residential zone or adjacent to a dwelling, shall be designed to minimize disturbances of residents by the erection between the uses of a sight-obscuring fence of not less than five, nor more than six feet in height, except where vision clearance is required.

c.

Parking spaces along the outer boundaries of a parking lot shall be contained by a bumper rail or by a curb which is at least four inches high, and which is set back a minimum of 1½ feet from the property line.

d.

Artificial lighting, which may be provided, shall be so deflected as not to shine or create glare in any residential zone or on any adjacent dwelling.

e.

Access aisles shall be of sufficient width to permit easy turning and maneuvering.

f.

Except for single-family dwellings and duplexes, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a road right-of-way.

g.

Service drives to off-road parking areas shall be designed to provide maximum safety for vehicles and pedestrians. The number of service drives shall be limited to the minimum that will accommodate anticipated traffic. In no case shall service drives be less than 100 feet apart measured center to center.

h.

Driveways shall have a minimum clear vision area formed by the intersection of the driveway centerline, the road right-of-way line, and a straight line joining said lines through points 30 feet from the intersection.

(11)

Completion time for parking lots. Required parking and loading spaces shall be improved and made available for use before the final inspection is approved by the county zoning official. If the parking space is not required for immediate use, an extension of time may be granted by the zoning official, providing that a performance bond, or its equivalent, is posted equaling the cost to complete the improvements as estimated by the zoning official. If the improvements are not completed within one year, the bond or its equivalent shall be forfeited, and the improvements constructed under the direction of the county.

(Ord. No. 72rr, § 6.11, 1-9-2017)

The following standards shall apply:

(1)

Horses and cattle: one head for the first one-half acre of pasture (not including sucklings), and one head for each additional one-third acre of pasture.

(2)

Sheep and goats: five head of feeder sheep, or three head of breeding sheep for the first one-half acre of pasture, and ten head of sheep for each additional one acre of pasture (not including sucklings). Five head of female or castrated male goats, or any combination thereof, for the first one-half acre of pasture, and ten head for each additional one acre of pasture.

(3)

Poultry: 25 laying hens and 50 growing chickens for the first one-half acre of pasture; additional chickens as determined in each case by the planning and zoning commission.

(4)

Domestic dogs and cats: six dogs or cats, or combination thereof, per residence (excluding litters, which are less than eight weeks old).

(5)

Swine: two per acre of pasture (not including sucklings).

(6)

Animals shall be kept in such a manner as not to constitute a nuisance or health hazard with respect to neighboring property.

(7)

Pasture does not include that portion of land where the residence and accessory buildings are located. It does include any buildings used for animals.

(8)

Animals that are kept for 4-H, FFA, or other educational projects, shall not be included in the number of animal units described above, but shall be removed from the premises within 60 calendar days of the selling date of the animal. Educational projects are subject to verification by the zoning official.

(Ord. No. 72rr, § 6.12, 1-9-2017)

(a)

This section shall not apply to road signs as mandated by the state department of transportation or the county road and bridge department. When dimensional or other regulations herein are in conflict with other local or state regulations, the more restrictive shall prevail.

(b)

The following signs are permitted in any zone, provided that they are not illuminated and do not exceed 32 square feet in size, unless otherwise specified below:

(1)

Nameplates up to two square feet in area, bearing the name of the owner or the name and address of the property.

(2)

On-premises signs advertising the sale or rental of property.

(3)

On-premises home occupation signs as regulated by, and subject to section 110.16.070.

(4)

On-premises signs shall not be located closer than ten feet from the boundary of any public right-of-way and shall comply with the definition of clear vision area, as defined in section 101.01.030.

(5)

Not more than one on-premises sign, visible to traffic proceeding in any one direction, may be permitted more than 50 feet from the advertising activity.

(6)

No signs or displays may be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; or to obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

(Ord. No. 72rr, § 6.13, 1-9-2017)

(a)

A recreational vehicle may be used for a temporary residence, including weekend or vacation use, for no more than 60 calendar days, whether consecutive or not, in any one calendar year.

(1)

Notice of such use shall be given to the planning and building services department with dates of when the vehicle will be used.

(2)

There may be only one unit per lot allowed.

(3)

Proof of approval by the north central district health department must be submitted to the planning and building services department.

(4)

If a building permit for a dwelling is obtained, a recreational vehicle may be used as a temporary dwelling for no more than one year. The zoning official may extend this period for an additional six months. After one year, or expiration of the extension, the owner must obtain a conditional use permit stating reasons why the unit should be allowed as a residence for more than one year.

(b)

If a recreational vehicle is located in an approved trailer/RV park, this section does not apply.

(Ord. No. 72rr, § 6.14, 1-9-2017)

(a)

The facility shall comply with all state, federal and local permitting requirements.

(b)

The facility shall be allowed limited food services on-site. Food services shall not include restaurants unless otherwise allowed in the zoning district, but may include catering or other food service as required for commercial special events.

(c)

No interior seating will be dedicated solely to the purpose of meal service and no food will be cooked to order, except as otherwise allowed in the zoning district.

(d)

Commercial special events shall be allowed by conditional use permit, subject to section 110.24.060(9). The use may be requested in conjunction with an application for a winery, when applicable.

(e)

Regional wine/beer organization functions, trade-related functions, wine/beer club events, winemaker dinners and regional promotional events are recognized as part of the normal operations of wineries and breweries, as is the daily traffic associated with a tasting room. Capacity shall be limited by building occupancy, parking limitations, or conditions placed upon a conditional use permit.

(f)

The facility shall have adequate access from a public road or approved private road and meet the minimum road construction standards of the county. The access road and parking area for large wineries and breweries shall be sufficient to allow the stacking of delivery and/or customer vehicles and safely accommodate large vehicles for delivery and turn-around.

(g)

Signs shall be permitted in accordance with section 110.16.130.

(h)

Any outdoor storage of supplies, materials and products shall be screened from adjoining roads and residential properties. The display of farm equipment for sale shall be excluded from this provision.

(Ord. No. 72rr, § 6.15, 1-9-2017)