For the purpose of this chapter, certain words and terms used herein are defined. All words used in the present tense include the future tense; all words in the plural number include the singular number, and all words in the singular number include the plural number; unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not discretionary. The word "used" shall be deemed also to include "designed, intended, or arranged to be used". Unless otherwise specified all distances shall be measured horizontally. The word "city" means the "city of Orofino", in the county of Clearwater, state of Idaho; the term "council" means the city council of said city; the term "commission" means the planning and zoning commission of said city of Orofino.

ACCESSORY: A subordinate building, the use of which is incidental to the use of the main building on the same lot.

ACCESSORY STRUCTURE: Any structure attached to, located adjacent to a home or on the same lot, including awnings, steps, porches, carports, garages, and storage buildings. Accessory structure shall be constructed in compliance with standards specified by the city and shall be aesthetically harmonious with the home and the neighborhood. An accessory structure shall be considered "detached" if located more than three feet (3') from the primary housing unit.

ACCESSORY USE: A minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its primary use. The term is synonymous with "secondary use".

AIRPORT: Orofino City Airport 1 .

ALLEY: A passageway open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.

ALTERATIONS: A change or arrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third (1/3) of a single floor area shall be considered an alteration.

APARTMENT HOUSE: A building, or portion thereof, used or designed as a dwelling for three (3) or more families or households living independently of each other.

BASEMENT: That portion of a building partly underground and having at least one-half (1/2) of its height more than five feet (5') below the adjoining finished grade.

BEDROOM: A room other than a living room, kitchen, bathroom, eating area or utility room which may be used for sleeping purposes.

BOARDING HOUSE: A dwelling in which not more than four (4) roomers, lodgers and/or boarders are housed or fed.

BUILDING: Any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this chapter requires that use shall be within an entirely enclosed building, then the term "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed.

BUILDING AREA: The total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members or from a point four feet (4') in from the outside edge of a cantilevered roof, whichever covers the greatest areas.

BUILDING HEIGHT: The perpendicular distance from the established grade of the street to the average roof elevation, not to exceed international building code. For buildings set from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided its distance from the street line is not less than the height of such grade above the established grade.

CARPORT: A structure to house or protect motor vehicles owned or operated by the occupants of the main building which is open to the weather on two (2) sides.

CHILDCARE FACILITY: A business or establishment operated within the city which is licensed pursuant to the Orofino childcare facility ordinance and title 5, chapter 11 of this code.

CITY IMPACT: The officially adopted geographic area of city impact is shown on the map adopted by reference herein and entitled "area of Orofino city impact" and includes specifically defined land outside the city limits 1 .

CLINIC: A building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses.

CLUB: An incorporated or unincorporated association or persons organized for social, educational, literary or charitable purpose. Property occupied by a club shall be deemed to be semiprivate in character and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.

COMMERCIAL USE: An activity maintaining a display of goods, merchandise or services, for sale or involving a rental fee.

COMMERCIAL VEHICLE: A motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle.

COMMUNITY CENTER: A building where the public can meet and use as a recreational activity and other community services for the people who live in the community.

CONDITIONAL USE: A use permitted in one or more zones as defined by this chapter but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, street, and existing improvements or demands upon public facilities, requires a special degree of control to make use consistent with and compatible to other existing or permissible uses in the same zone or zones.

CONDITIONAL USE PERMIT: The documented evidence of authority granted by the planning and zoning commission and the city council to locate a conditional use at a particular location.

COURT: An open, unoccupied space other than a yard, on the same lot with a building or buildings and which is bounded on two (2) or more sides by such buildings or building, including the open space in a house, court or apartment, providing access to the units thereof.

CURB CUT: A cut in the curb line for passage of vehicles, not to exceed twenty feet (20') in width.

DETACHED BUILDING: A building surrounded on all sides by open space.

DWELLING, TWO-FAMILY: A building containing two (2) kitchens and designed to be occupied by two (2) families living independently of each other.

DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one family. The term "dwelling" shall not be deemed to include motel, hotel, tourist home or boarding house.

ESTABLISHED GRADE: The high point of the sidewalk at the front or side lot line as established by the city.

FLOODPLAIN: The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare 1 .

FLOOR AREA: The sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches (7'6") exterior steps or stairs, terraces, breezeways and open spaces.

FUNCTIONAL OPEN SPACE: Land within a development which is permanently reserved as open space, free from permanent structures, useful for recreational or social use by the residents of the development, or others; such space shall not include streets, roadways or parking areas.

GARAGE, PRIVATE: A building or portion thereof for the housing or care of self-propelled vehicles.

GARAGE, PUBLIC: A building or portion thereof designed and used for the storage, rental, repair or servicing of motor vehicles or boats, as a business.

GASOLINE STATION: Any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories and which may or may not include washing, lubricating, or other minor servicing, but no painting operation.

GUESTHOUSE: A detached structure, being an accessory to a single- family dwelling with not more than two (2) bedrooms, having no kitchen facilities, and which shall be used and/or designed for use primarily by guests and/or servants for sleeping quarters only.

HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor".

HOME (REST, CONVALESCENT, GUEST, FOR THE AGED): A home operated similarly to a boarding house but not restricted to any number of guests or guestrooms and the operator of which is licensed by the state to give special care and supervision to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons suffering from a mental sickness, mental disease, disorder or ailment, or from a contagious or communicable disease, and in which no surgery is performed, maternity or other primary treatments such as are customarily provided in sanatoriums or hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital.

HOME CHILDCARE: A home or place in which four (4) or fewer children not related by blood or marriage to the person or persons operating such home are regularly received and provided with part time supplemental parental care during any part of the twenty four (24) hour day when the parents are not on the premises. See definition of Childcare Facility.

HOME OCCUPATION: Those activities engaged in one or two (2) rooms of a home or its accessory building; such as home care products, arts and crafts, online computer services, typing, and bookkeeping and like activities. A home occupation shall not detract from or change the integrity or character of the residential zone. There shall not be any outside indication such as signage or other indication that a home occupation exists at a residence. Any occupation that does not conform to the intent of this definition shall apply for a special use permit with the planning and zoning commission. The city reserves the right to revoke a home occupation permit and license if the nature of the home occupation changes or complaints on the home occupation persist.

HOME RETIREMENT: A place of residence of several families or individuals in apartment like quarters, rented or condominium, which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities.

HOSPITAL: An establishment which provides accommodations, facilities and services over a continuous period of twenty four (24) hours or more, for observation, diagnosis and care, of two (2) or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.

HOTEL: Any building or portion thereof containing six (6) or more rooms that are rented, or hired out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.

JUNKYARD (SALVAGE): A lot, land or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, glass, plastic, scrap metal or discarded material, or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.

KENNEL, COMMERCIAL: Any lot or building in which four (4) or more dogs and/or cats are kept commercially for board, propagation or treatment.

KITCHEN: Any room used or intended or designed to be used for cooking and/or preparation of food.

LINE: The line of the fascia or part of a building perpendicular to the ground nearest the property line.

LOT: A single tract of land, no matter how legally described whether by metes or bounds and/or by lot or lots and block designation as in a recorded plat, which at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured and having frontage on or access to a public street.

LOT AREA: The total horizontal area within the boundary lines of a lot. Where utility or street easements are located within or bordering a parcel, lot area computation shall not include that area contained within the easement.

LOT CORNER: A lot at the junction of and fronting on two (2) or more intersecting streets.

LOT DEPTH: The mean dimension of the lot from the front street line to the rear line.

LOT INTERIOR: A lot fronting on one street and between the two (2) corner lots.

LOT THROUGH: A lot fronting on two (2) streets that do not intersect on the parcel's lot lines.

LOT WIDTH: The dimension of the lot line at the street, or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line.

MANUFACTURED HOME (Formerly MOBILE HOME): A structure constructed after June 15, 1976, built according to the federal manufactured housing and safety standards act (HUD code), and is for residential use only. For an expanded definition of a manufactured home (i.e., length, size, chassis or foundation and utility requirements), see state code 39-4105.

MANUFACTURED/MOBILE HOME PARK/COURT: A park or court, opening on a street, equipped with individual water, sanitary sewer and electrical connections for which permits and inspections are required for the placement of three (3) or more manufactured or mobile homes.

MEAN DEPTH: The mean depth of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot.

MOBILE HOME: A factory assembled structure or structures equipped with necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation.

MOTEL: A building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor hotel, motor lodge, cabin court, motor inn and similar names.

NONCONFORMING BUILDING USE: The use of a building or structure which was a lawful use at the time this chapter was passed but which use, because of the passage of this chapter, does not conform to the regulations of the district in which the use exists.

NONCONFORMING USE: A use which lawfully occupied a building or land at the time this chapter becomes effective and which does not conform with the use regulations of the district in which it is located.

OFF STREET PARKING: Parking facilities for motor vehicles on other than a public street or alley and not located in required front or street side yard setbacks.

OPEN PARKING: Any part of a lot unobstructed from the ground upward. An off street parking facility designed for more than four (4) parking spaces.

PARKING SPACE: Any use authorized or permitted along or in conjunction with another use in a specified district and subject to the limitations or the regulations of such use district.

PLANNED UNIT DEVELOPMENT: The PUD is characterized by a unified site designed for a number of housing units and/or other buildings where clustering of buildings and utilization of open space will allow for enhanced land use. Through a PUD, a development may be planned as a unit and the density of use may be calculated on the basis of the entire project, rather than on a lot by lot basis. Individual uses and structures in a PUD need not comply with specific building locations, height, building size, floor area, lot size and open space requirements of the underlying basic zone; provided, that requirements set forth herein are complied with, and the development as a whole is harmonious with the community, particularly adjacent land uses.

PRINCIPAL USE: The principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. The term is synonymous with "primary use".

PROFESSIONAL OFFICES: Offices maintained and used as a place of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given), and by engineers, attorneys, architects, accountants and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training in occupations requiring mere skill or manual dexterity or the handling of commodities.

PUBLIC UTILITY: A public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation for persons and freight.

RECREATION FACILITIES, COMMUNITY AND NONCOMMERCIAL: Facilities such as rod and gun clubs and shooting ranges, swimming pools, athletic clubs, golf and country clubs, for the use of the general public or provided for and by members of semiprivate corporations.

RECREATIONAL VEHICLE (RV): Per Idaho Code 49-119 means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pick-up hoods, shells, or canopies designed, created or modified for occupancy usage. School buses or van type vehicles which are converted to recreational use are defined as recreational vehicles.

RECREATIONAL VEHICLE (RV) PARK/COURT: A space or area designed, constructed and maintained in accordance with 5-9-16 of this Code.

ROOMER: Lodger or boarder occupying a rented room in a private home or rooming house.

SCHOOL: Elementary, junior or senior high, including public, private and parochial. An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Idaho state board of education.

SELF-SERVICE STORAGE FACILITY: A building or buildings consisting of individual, small, self-contained units, and the majority of the units being less than five hundred (500) square feet in area, that are leased or owned for the storage of business or household goods.

SERVICE BUILDING: A building housing a communal toilet, laundry and other sanitary facilities necessary for the health and convenience of the trailer court occupants.

SETBACK REQUIREMENTS: The distance that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right of way lines.

SIGN: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

SITE: The total horizontal area within the property lines excluding external streets, public or private.

SPECIAL USE: A use permitted in one or more zones as defined by this chapter; but, because of characteristics peculiar to such use, or because of size, technological process or equipment or because of the exact location with reference to surroundings, streets and existing improvement or demands upon public facilities, requires a special degree of control to make uses consistent with and compatible to other existing or permissible uses in the same zone or zones. Special uses are distinguished from conditional uses by their potential impact on the entire community as opposed to a specific neighborhood and are therefore judged for compliance with the Orofino comprehensive plan by its authors, the planning and zoning commission.

SPECIAL USE PERMIT: The documented evidence of authority granted by the Orofino city council to locate a special use at a particular location.

STORY: That portion of a building included between the upper surface of any floor and upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

STORY, FIRST: The lowest story in a building that qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8') below grade, as defined herein, at any point.

STREET: A public thoroughfare which affords the principal means of access to abutting properties.

STREET FRONT: A street on which the lots of a subdivision of a city block generally front upon.

STRUCTURE: A combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet (6') in height, retaining walls, rockeries and similar improvements of a minor character less than three feet (3') in height.

STRUCTURE, TEMPORARY: Not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground.

STUDIO APARTMENT: A zero bedroom apartment with a separate kitchenette and with a bathroom.

SUBDIVISION: The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land; provided, that a division of land which may be ordered or approved by a court or affected by testamentary or interstate provisions, or a division of land for agricultural purposes into lots or parcels of five (5) acres or more or not involving a new street shall not be deemed a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

USE: The purpose of land, a building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.

USE DISTRICT: A portion or portions of Orofino designated on district zoning maps as one or more of the categories listed and described in this chapter.

USE, MIXED: Two (2) or more different uses of the same land, buildings or structures. When a development of land, buildings or structures has mixed use, the more restrictive requirements shall apply, unless the requirements are specifically stated.

USED CAR LOT: Any place outside a building where two (2) or more automobiles are offered for sale or are displayed.

VARIANCE: The means by which an adjustment is made in the application of the specific regulations of this chapter to a particular piece of property which, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity, and which adjustment remedies disparity in privileges.

WAREHOUSE: A building used primarily for the storage of goods and material.

YARD: An open unoccupied space in front, rear or side on the same lot with a building or proposed building.

YARD, FRONT: An open unoccupied space extending from thirty inches (30") above the general ground level at the principal street line to the nearest point of the eave line of the main building on the lot and including the full width of the lot to its side lines.

YARD, REAR: An open unoccupied space extending from thirty inches (30") above the general level of the ground at the rear lot line to the nearest point of the eave line of the main building and including the full width of the lot to its side lines.

YARD, SERVICE: An open area, usually paved, with access to a street to allow vehicular access to a building or use for purposes of loading or unloading equipment, freight, livestock or people.

YARD, SIDE: An open unoccupied space extending from thirty inches (30") above the general ground level on the lot from the side yard line to the nearest point of the eave line of the main building and extending from the front yard to the rear yard. Any lot line not a rear lot line or a front lot line shall be considered a side lot line. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019)

In order to regulate and restrict the location of trades, callings, industries and the location of buildings designed for specific uses, and to regulate and limit the height of buildings hereafter erected or structurally altered, to regulate and determine the area of yards and other open spaces about buildings and to regulate and limit the density of population, the city is hereby divided into districts of which there shall be six (6) known as:

   R-2 Single-family residence district

   R-3 Multiple-family residence district

   MXD Mixed use district - sales and service, R-2 residential

   C-3 Central business district

   C-4 Commercial, industrial and manufacturing district

   P Special public district

(Ord. 787, 3-8-2016)

The city is hereby divided into six (6) districts as aforesaid, and the boundaries of such districts are shown on the map, filed in the office of the clerk and made a part of this chapter, being designated as the district map, and said map and all the notations, references and other things shown thereon shall be a part of this chapter as if the matters and things set forth by the map were fully described herein. Except as provided hereinafter:

   A.   Permitted Uses: No building shall be erected, reconstructed or structurally altered, nor shall any buildings or premises be used for any purpose other than is permitted in the district in which such building or premises is located.

   B.   Building Height: No building shall be erected or structurally altered to exceed in height the limit herein established for any district in which such building is located,

   C.   Yards And Open Space: No lot area shall be so reduced or diminished that the yards or other open spaces be smaller than prescribed by this chapter, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations hereby established for the district in which such building is located. (Ord. 787, 3-8-2016)

   A.   Uses Permitted Outright: In an R-2 zone, the following uses and their accessory uses are permitted outright subject to the provisions of the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.

      Accessory buildings and private garages designed to accommodate no more than four (4) motor vehicles. Accessory detached buildings shall be five feet (5') from the side property line and five feet (5') from the rear lot line.

      Churches.

      Doublewide manufactured homes meeting HUD approved specifications, and Idaho Code requirements.

      Existing lot development patterns and policies embodied in the comprehensive plan will guide application of this district.

      One single-family dwelling per lot.

      Single-family dwelling unit.

      Small childcare facility for four (4) or less children.

   B.   Permitted Accessory Uses And Structures:

      Home occupations.

      Parking lots for nonresidential church uses permitted in the R-2 district.

      Private noncommercial greenhouses from which no products are sold to the public.

   C.   Special Uses:

      Accessory living quarters serving as a guesthouse or domestic servant quarters.

      Antenna towers.

      Boarding house or bed and breakfast, limited to a maximum of two (2) bedrooms, with the conditions that adequate off street parking be provided and that the use will not change the character of the neighborhood.

      Home occupations (which do not conform with the definition).

      Public libraries, public galleries, and public museums.

      Public or private schools.

      Public parks and recreation facilities; provided, however, that any service yard located within said park shall be maintained no closer than fifty feet (50') to a property line of an adjoining residence or street frontage.

      Public service and utility facilities not listed as permitted uses in this district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures.

      Other residential uses not specifically listed shall be evaluated by the zoning official for compatible use. If found incompatible, the use shall be referred to the planning and zoning commission and the city council as a special use request.

   D.   Limitation On Uses: All principal uses other than dwellings shall comply with the following standards:

      1.   One covered off street parking space is required per dwelling.

      2.   Off street parking shall not be located in required front or street side setbacks.

      3.   Any lights illuminating any parking area or building shall be arranged to direct the light away from adjoining premises.

   E.   Lot Requirements:

      1.   Minimum lot area: Four thousand eight hundred (4,800) square feet.

      2.   Minimum lot width: Forty eight feet (48').

   F.   Minimum Yard Requirements: All minimum yard requirements are measured from the drip line of the structure.

      1.   Front yard: Twenty feet (20').

      2.   Street side: Twenty feet (20').

      3.   Any other side: Five feet (5'); but the sum of the two (2) side yards shall be at least fifteen feet (15').

      4.   Rear yard: Twenty feet (20').

      5.   Corner lots: The front yard requirement for streets upon which the front of the building faces shall apply. The side yard shall be equal to the front yard requirements on lots fronting upon the side streets. No accessory building on the lot regardless of the way it faces, shall project beyond the front yard line of either street.

   G.   Permitted Signs:

      1.   One building mounted sign per principal structure, limited to a maximum of three (3) square feet each.

      2.   One temporary "For Sale" or "For Rent" sign per principal structure on the offered site, limited to a maximum area of six (6) square feet.

      3.   One ground or building attached sign per principal structure, identifying churches, schools, or public facilities located on the site. Such signs may be illuminated only by indirect lighting, shall not exceed thirty two (32) square feet in size, must be found to be compatible with the neighborhood by the zoning administrator, shall not obstruct any neighbor's view, and shall not obstruct intersecting street visibility.

   H.   Fences; Permits Required: Permits are required for all fences.

      1.   No fence shall exceed six feet (6') in height, except fences located on public facilities.

      2.   Fences constructed within required front yards or street side yards shall not exceed the following heights:

         a.   Solid fences: Three feet (3').

         b.   Open rail fences and other open fences where the posts and material constitute not more than one-third (1/3) the fence area: Four feet six inches (4'6").

      3.   Barbed wire fences are prohibited, except where five (5) acres or more are adjacent to Clearwater County for the purpose of pasturing horses and cattle. Other fences, including electric fences constructed in a manner that may be hazardous to persons or animals are prohibited. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019; Ord. 813, 5-25-2021)

   A.   Uses Permitted Outright: In an R-3 zone, the following uses and their accessory uses are permitted outright: subject to the provisions of the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.

      Boarding or rooming houses.

      Churches.

      Home occupations.

      Manufactured homes, mobile homes.

      Multi-family dwelling units.

      Single-family dwelling units.

      Two-family dwelling units.

   B.   Permitted Accessory Uses And Structures:

      Accessory buildings and private garages designed to accommodate no more than four (4) motor vehicles.

      Parking lots for uses permitted in the R-3 district.

      Private noncommercial greenhouses from which no products are sold to the public.

   C.   Special Uses:

      Accessory living quarters serving as a guesthouse or domestic servant quarters.

      Antenna towers.

      Boarding house or bed and breakfast, limited to a maximum of two (2) bedrooms, with the conditions that adequate off street parking be provided and that the use will not change the character of the neighborhood.

      Home occupations. Nonconformance with definition.

      Public libraries, public galleries, and public museums.

      Public or private schools.

      Public parks and recreation facilities; provided, however, that any service yard located within said park shall be maintained no closer than fifty feet (50') to a property line of an adjoining residence or street frontage.

      Public service and utility facilities not listed as permitted uses in this district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures.

      Other residential uses not specifically listed shall be evaluated by the zoning official for compatible use. If found incompatible, the use shall be referred to the planning and zoning commission and the city council as a special use request.

   D.   Limitations On Uses: All principal uses other than dwellings shall comply with the following standards:

      1.   One and one-half (11/2) parking spaces are required for each dwelling unit.

      2.   Off street parking shall not be located in required front or street side yard setbacks.

      3.   Any lights illuminating any parking area or building shall be arranged to direct the light away from the adjoining premises.

      4.   The minimum lot size for a manufactured home multisectional or singlewide is four thousand eight hundred (4,800) square feet. Two (2) such manufactured homes multisectional or singlewide may occupy a single lot; but in such event the minimum lot size shall be seven thousand two hundred (7,200) square feet. A combination of more than two (2) of any such structures is prohibited on a single lot.

   E.   Lot Requirements:

      1.   Minimum lot area:

         a.   Single-family dwelling: Four thousand eight hundred (4,800) square feet.

         b.   Two-family dwelling: Seven thousand two hundred (7,200) square feet.

      2.   Minimum lot width: Forty eight feet (48').

   F.   Minimum Yard Requirements: All minimum yard requirements shall be measured from the drip line of the structure.

      1.   Front: Twenty feet (20').

      2.   Street side: Twenty feet (20').

      3.   Any other side: Five feet (5'), but the sum of the two (2) side yards shall be at least fifteen feet (15').

      4.   Corner lots: The front yard requirement for streets upon which the front of the building faces shall apply. The side yard shall be equal to the front yard requirements on lots fronting upon the side streets. No accessory building on the lot, regardless of the way it faces, shall project beyond the front yard line of either street.

   G.   Permitted Signs:

      1.   One building mounted sign per principal structure, limited to a maximum area of three (3) square feet each.

      2.   One temporary "For Sale" or "For Rent" sign per principal structure on the offered site limited to a maximum area of six (6) square feet each.

      3.   One ground or building attached sign per principal structure, identifying churches, schools, or public facilities located on the site. Such signs may be illuminated only by indirect lighting, shall not exceed thirty two (32) square feet in size, must be found to be compatible with the neighborhood by the zoning administrator, shall not obstruct any neighbor's view, and shall not obstruct intersecting street visibility.

   H.   Fences; Permits Required: Permits required for all fences.

      1.   No fence shall exceed a height of six feet (6'), except fences located on school grounds.

      2.   Fences constructed within required front yards or street side yards shall not exceed the following heights:

         a.   Solid fences: Three feet (3').

         b.   Open rail fences and other open fences where the posts and material constitute not more than one-third (1/3) of the fence area: Four feet six inches (4'6").

      3.   Barbed wire fences are prohibited, except where five (5) acres or more are adjacent to Clearwater County for the purpose of pasturing horses and cattle. Other fences, including electric fences constructed in a manner that may be hazardous to persons or animals are prohibited. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019; Ord. 813, 5-25-2021)

The intent of the mixed use district is to provide a location where commercial sales and service or residential uses are permitted outright. In order to promote compatibility among the mixed uses required off street parking and development standards will protect the public's interest while providing sound development.

All commercial business activity in connection with a use permitted outright, other than off street parking or off street loading, shall be wholly within an enclosed building.

   A.   Permitted Principal Uses And Structures: The following uses, structures and accessory uses are permitted outright subject to the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.

      Appliance sales and service.

      Automobile dealers/parts and repair.

      Bakers.

      Banks.

      Beauty parlors and barbershops.

      Boat storage and sales.

      Bowling lane.

      Building and mechanical materials.

      Carpeting.

      Churches.

      Clinics.

      Clothing.

      Contractors (building, electrical, mechanical and plumbing).

      Copy services.

      Crafts.

      Dance aerobics.

      Daycare facilities.

      Dry cleaning and laundry.

      Elderly care facility.

      Feed dealers.

      Gift shops.

      Glass - auto/plate/windows.

      Government agencies.

      Grocery stores.

      Guide shops.

      Hardware stores.

      Hotels.

      Jewelers.

      Landscape contractors and nurseries.

      Lawn equipment.

      Libraries, civic groups and community center.

      Mortuaries.

      Motels.

      Music stores.

      Newspaper.

      Office buildings.

      Parks and recreation.

      Pawnbrokers.

      Pet shops.

      Pharmacies.

      Photography shops.

      Printers.

      Professional services.

      Radio stations.

      Real estate agencies.

      Restaurants.

      Service stations.

      Single-family dwellings.

      Small engine sales and repair.

      Sporting goods.

      Taverns.

      Theaters.

      Thrift shops.

      Tire sales/repair/rental.

      Truck sales/repair/rental.

      Utility companies.

   B.   Special Uses:

      Daycare facilities within a residential dwelling (5 or more children).

      Mixed uses on the same lot or within the same structure.

      Multiple-family dwellings.

      Other uses not specifically listed in subsection A of this section shall be evaluated by the zoning official for compatible use. If found incompatible the use shall be referred to the planning and zoning commission and the city council as a special use request.

   C.   Bulk Requirements:

      1.   Residential Uses: Residential uses are subject to section 11-2-4 of this chapter.

      2.   Front Setback: Ten feet (10').

      3.   Rear Area: There shall be a rear area of not less than three feet (3') in depth, any part of which may be used for off street parking; provided, however, that construction may be permitted on the property line if an acceptable access for maintenance agreement has been recorded with the Clearwater County recorder. The three foot (3') dimension shall be measured from the drip line of the structure.

      4.   Side Setback: There shall be a side setback on each side of the building of not less than three feet (3') measured from the drip line of the structure.

      5.   Lot Area: The minimum lot size shall be six thousand (6,000) square feet. Residential uses are subject to section 11-2-4 of this chapter.

Business activity shall be allowed on existing lots of a minimum four thousand eight hundred (4,800) square feet providing parking requirements have been met.

      6.   Fence Permits Required: Residential fences are subject to section 11-2-4 of this chapter.

   D.   Off Street Parking Requirements: Off street parking shall be required, together with the following: Residential uses are subject to section 11-2-4 of this chapter.

      1.   Taverns shall be provided with one off street parking space for each seventy five (75) square feet of floor space, or for each five (5) seats.

      2.   Service stations shall be provided with a minimum of four (4) off street parking spaces, and one additional space for each vehicular greasing facility.

      3.   All the business establishments shall be provided with one off street parking space for each two hundred (200) square feet of office space. Accessory and secondary buildings may not require additional parking requirements.

      4.   Adequate parking shall be provided for all other businesses and occupancies based on lot size and occupancy rating from the international building code.

   E.   Home Businesses: Businesses in homes which have not been changed to commercial setbacks and exterior frontage can convert back to a residence.

   F.   Restrictions:

      1.   Signs: No permitted sign shall exceed one hundred (100) square feet in size. Signs in excess of one hundred (100) square feet shall first receive approval of the city council through a special use permit.

      2.   Fences: Barbed wire may be affixed to the top of a fence when required for security purposes. All portions of such wire shall be installed at a minimum of eight feet (8') above ground level.

   G.   Development:

      1.   Equipment Location: Heating, ventilating, air conditioning units, air compressors and similar mechanical equipment installed after the effective date hereof shall be located and directed away from adjacent residential uses.

      2.   Screening: Adequate screening shall be required for new commercial use established next to existing residential uses. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019; Ord. 813, 5-25-2021)

The principal purpose of the C-3 zone is to provide a location for groups of compatible commercial uses having the common characteristic of not involving more than incidental and minimal assembly, fabrication or storage of commodities. The C-3 zone is the most intensive commercial zone. To promote pedestrian use, unbroken street level, commercial frontage is encouraged in this zone.

   A.   Permitted Principal Uses And Structures: The following uses, structures and accessory uses are permitted outright subject to the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.

      Drive-up windows associated with financial institutions.

      Eating and drinking establishments catering primarily to on premises consumers; entertainment, dancing and recreation establishments, including restaurants, bars, theaters, video arcades, dance halls and physical fitness centers.

      Hotels providing one off street parking space per unit.

      Lodges, private clubs, and fraternal societies.

      Multi-family apartments and condominiums, providing living spaces are on the second floor or higher. Providing one and one-half (11/2) parking spaces per unit.

      Printing and publishing houses, including newspaper publishing.

      Professional, financial, business and medical offices, and any enterprise rendering professional or personal services.

      Public utility installations relating directly to local distribution of services, including switching and transmission stations, but not including warehouses and services areas.

      Publicly and privately owned off street parking facilities. Any such area shall not be used as a sales or storage area for mobile homes, or heavy equipment.

      Repair shops for commodities such as household appliances, bicycles and shoes.

      Retail sales enterprises, excluding firms selling bulky items such as building materials, mobile homes, and heavy equipment.

      Vocational schools, churches, synagogues, mosques, governmental offices, libraries, museums, art galleries, police and fire stations and similar public and private institutions.

   B.   Special Uses:

      Other uses not specifically listed in subsection A of this section shall be evaluated by the zoning official for compatible use. If found incompatible the use shall be referred to the planning and zoning commission and the Orofino city council.

      The installation, construction and operation of all telecommunication towers and antennas, including, but not limited to, stealth towers, guyed towers, monopole towers and lattice towers or any other tower or structure that exceeds fifty feet (50') in height from the ground to its top which includes any base, building or other structure the tower sits on. Any accessory devices, lighting requirements or antennas attached to the tower shall be included in its height. Telecommunication includes all wire and wireless communication devices including telegraph, cable, telephone, radio, and television.

   C.   Limitations On Uses:

      1.   All products made incident to a permitted use which are manufactured, fabricated, processed or treated on the premises shall be sold primarily on the premises.

      2.   Operations conducted on the premises shall not constitute a nuisance beyond the property lines by reason of smoke, fumes, odor, steam, gases, vibration, noise, hazards, visual or other causes.

   D.   Minimum Lot Requirements: None specified.

   E.   Minimum Area Requirements: None specified.

   F.   Required Open Space: None specified.

   G.   Maximum Height Of Structures: None specified.

   H.   Permitted Signs: No permitted sign shall exceed one hundred (100) square feet in size. Signs in excess of one hundred (100) square feet shall first receive the approval of the city council through a special use permit.

   I.   Fences; Permits Required: Permits are required for all fences.

      1.   No fence shall exceed a height of six feet (6'), except fences located on school grounds or in public parks.

      2.   Barbed wire fences are prohibited. Other fences, including electric fences constructed in a manner that may be hazardous to persons or animals are prohibited.

   J.   Nonconforming Uses: Residential dwellings that are owner occupied exempt from section 11-2-11 of this chapter. (Ord. 787, 3-8-2016; amd. Ord. 813, 5-25-2021)

The intent is designed to encourage sound industrial development in the city by providing a protective environment primarily for such development.

   A.   Permitted Principal Uses And Structures: The following uses, structures and accessory uses are permitted outright subject to the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.

      Any manufacturing, processing, assembling, research, wholesale or storage use.

      Automobile, truck and heavy equipment repair and garages, boat and RV sales.

      Building materials sales yards.

      Bulk plants and service stations.

      Parks and recreation.

      Private or public utility service buildings, structures and uses.

      Public off street parking facilities, whether publicly or privately owned or operated.

      Railroad yard and freight stations, trucking and motor freight stations and facilities.

   B.   Permitted Accessory Uses And Structures: Business offices incident to any of the permitted uses shall be located on the same site with the principal building.

   C.   Special Uses:

      Chemical plants.

      Concrete, asphalt, batch plants, gravel and rock stockpiles.

      Junkyards, auto wrecking, salvage and scrap yards, provided all storage and salvage operations are screened from the public view.

      Meatpacking plants.

      Other uses not specifically listed shall be evaluated by the zoning official for compatible use. If found incompatible, the use shall be referred to planning and zoning commission and the city council as a special use request.

   D.   Limitations On Uses:

      1.   Pump islands for service stations shall not be closer than fifteen feet (15') to any street or property line or public way, nor shall any gasoline service station signs extend over the property boundary line, street property line or public way.

      2.   Off street parking shall be one space per each two hundred (200) square feet of office building space and/or one space for each employee.

   E.   Minimum Lot Requirements: Six thousand (6,000) square feet.

   F.   Minimum Setback Requirements:

      1.   Front setback: Ten feet (10').

      2.   Side setback: None specified, except ten feet (10') on the street side.

      3.   Rear setback: None specified.

   G.   Permitted Signs: Signs, advertising structures, and area illumination are permitted, subject to the following limitations:

      1.   Signs and advertising structures shall not extend over any property boundary line, street property line or public way.

      2.   If illuminated in any manner, signs shall not create a hazard or nuisance to passing traffic, nor shall the glare from any illuminating device be visible from any residential zone where such sign, advertising structure or illuminated area is within two hundred feet (200') of such a zone.

      3.   Where dimensional or other regulations are in conflict with any other ordinance, the more stringent regulations apply.

      4.   No permitted signs shall exceed one hundred (100) square feet in size. Signs in excess of one hundred (100) square feet shall first receive the approval of the city council through a special use permit.

   H.   Fences; Permits Required: Permits are required for all fences.

      1.   No fence shall be constructed to a height greater than eight feet (8').

      2.   Barbed wire may be affixed to the top of a fence when required for security purposes. All portions of such wire shall be installed at a minimum of eight feet (8') above ground level. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019; Ord. 813, 5-25-2021)

The purpose of this classification is to create a district which will protect and maintain the public environment and provide for the location and grouping of compatible uses. Property owned by a public agency which sells, trades or transfers property to private ownership that property shall automatically be rezoned to the most compatible adjacent zone.

   A.   Permitted Principal Uses and Structures: The following uses, and accessory uses are permitted outright subject to the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.

      Airports.

      Cemeteries.

      Hospitals.

      Schools.

   Other uses not specifically listed shall be approved by the planning and zoning commission and the city council through a special use application.

   B.   Bulk Requirements:

      1.   Minimum lot area: None specified.

      2.   Minimum lot width: None specified.

      3.   Building height: None specified.

      4.   Minimum setback requirements: None specified except rear yards where abutting a residential (R) district shall be twenty feet (20') in depth, measured from rear property line to the rear of the structure. (Ord. 787, 3-8-2016; amd. Ord. 813, 5-25-2021)

   A.   Accessory Buildings: No accessory building may be located within five feet (5') of an interior lot line, nor within five feet (5') of the rear lot line.

   B.   Attached Accessory Buildings: Where an accessory building is structurally attached to a main building it shall be subject to, and must conform to, all regulations applicable to such main building.

   C.   Semidetached Buildings: For purposes of front, side and rear yard regulations, a semidetached two-family dwelling or bungalow court shall be considered as one building occupying a lot.

   D.   Yard Requirements On Corner Lots: On corner lots the front yard requirement for streets upon which the front of the building faces shall apply. The side yard shall equal to the front yard requirements on lots fronting upon the side streets. No accessory building on the lot regardless of the way it faces, shall project beyond the front yard line of either street.

   E.   1.   The use of prefabricated containerized transport containers, shipping containers, cargo containers, dry freight containers, semitrailers, or enclosed cargo vancs, as accessory buildings or storage buildings shall not be permitted in the City of Orofino on property within Residential (R2 and R3) and Central Business District (C3) Zones. Mixed Use District (MXD) and Public (P) Zones shall secure a special use permit ot place said units. Said units may be placed on property with the zoning designation of Industrial (C-4) as a permitted use.

      2.   Special Use Factor: The following factors will be used to consider approval of the special use.

         a.   Location of containers in respect to setback requirements, containers shall not reduce any number of required parking spaces.

         b.   Containers shall have similar color and appearance as the primary structure.

         c.   Containers shall be an accessory use to the primary structure or use.

         d.   Containers shall only be located on the side and rear portions of the property and positioned in such a way to be the least noticeable to other surrounding property owners.

         e.   The size of the container is reasonable to the size of the lot for the intended use.

      3.   This prohibition does not preclude their use in conjunction with bona-fide shipping and transport activities.

   F.   Recreational Vehicles:

      1.   Unoccupied Recreational Vehicles: The outside parking of unoccupied recreational vehicles is permitted on property regardless of zone, providing the current use is compliant with all city codes. Said parking shall not interfere with setbacks and shall not extend into the public right-of-way. To be considered unoccupied the recreational vehicle shall not be occupied as living quarters or provide any type of accomodations to include temporary shelter for any length of time.

      2.   Occupancy Of Recreational Vehicles: No person shall live in or occupy a recreational vehicle or allow any person to live in or occupy a recreational vehicle within the City of Orofino unless said recreational vehicle is located within a legally established recreational vehicle park or recreational vehicle campground, with the following exceptions:

         a.   The temporary occupancy of a recreational vehicle parked on a residentially zoned property for a period of up to fourteen (14) days is permitted. No residential property shall be permitted more than a total of forty-five (45) days of temporary occupancy during any calendar year.

         b.   A residential property owner in the City may request an Administrative Permit to site a recreational vehicle to be occupied for temporary living quarters for a period not to exceed one (1) year in the event there is an active building permit on the property for remodel or construction of a permanent dwelling in place. Any such temporary living quarters shall at all times have serviceable water, wastewater and electrical services. The location and sufficiency of any such temporary use recreational vehicle shall be submitted with the site plan for the construction for approval.

      3.   Violations - Penalties: Any violation of this section shall be a misdemeanor punishable as set forth in Section 11-2-18 of this Code. (Ord. 787, 3-8-2016; amd. Ord. 813, 5-25-2021; Ord. 818, 7-26-2022)

   A.   The lawful use of land or buildings existing at the time of the passage of this chapter, although such does not conform to the provisions hereof, may be continued but if such nonconforming use is discontinued for a period of twelve (12) months, any further use of the premises shall be in conformity with the provisions of this chapter.

   B.   Any such building or structure may be repaired whenever such repairs shall be necessary or convenient to the use of such buildings, and in the event any such building is destroyed or damaged to the extent of more than fifty percent (50%) of its fair market value, such nonconforming use shall thereafter be discontinued.

   C.   No nonconforming building shall be enlarged or structurally altered except to make it a conforming building. (Ord. 787, 3-8-2016)

   A.   Building Permits: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the building inspector stating that the building or structure, and use of land, comply with the provisions of this chapter. All applications for building permits shall be made as provided in the building code.

   B.   Certificates Of Compliance:

      1.   No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the building inspector. The certificate of compliance shall be issued only after the building inspector makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this chapter and the building code, and in accordance with the building permit.

      2.   Certificates of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such buildings shall have been satisfactorily completed. (Ord. 787, 3-8-2016)

   A.   Public Hearing: Upon the application for a special use permit and prior to the council granting a special use permit, the commission shall hold at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the commission hearing thereon, notice of the time and place, and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the city and the impact area. Notice may also be made available to other newspapers, radio and television stations serving the city and impact area for use as a public service announcement. Notice shall also be provided to property owners and residents within three hundred feet (300') of the external boundaries of the land being considered, and within any additional area that may be substantially impacted by the proposed special use as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, alternate forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed notice.

   B.   Conditions: Prior to granting of a special use permit, the commission may recommend to the council and the council may attach conditions to a special use permit including, but not limited to:

      1.   Minimizing adverse impact on other development.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Designing the exact location and nature of development.

      5.   Assuring that development is maintained properly.

      6.   Requiring provisions for on site and off site public facilities or services.

      7.   Requiring more restrictive standards than those generally required in an ordinance.

      8.   Increasing the required lot size or yard size.

      9.   Limiting the length, width and height.

      10.   Increasing the number of off street parking and loading spaces.

      11.   Regulating or limiting the number of curb cuts.

      12.   Limiting the number, size and location of signs.

      13.   Requiring diking, fencing, screening or landscaping to protect nearby property or to enhance the beauty of the city.

   C.   Further Studies; Other Conditions: Prior to granting a special use permit, council may require the commission to perform studies of the social, economic, fiscal and environmental effects of the proposed special use. A special use permit shall not be considered as establishing a binding precedent to grant other special permits. A special use permit is not transferable from one parcel of land to another. In the case of a use existing prior to the effective date of this chapter which is classified in this chapter as a special or conditional use, any change in use or in lot area or any alteration of the structure shall conform with the requirements dealing with special or conditional uses herein. (Ord. 787, 3-8-2016)

   A.   Public Hearing: The commission, prior to recommending an amendment or the repeal of the comprehensive plan to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendments or repeal to be discussed shall be published in the official newspaper or paper of general circulation within the city and the impact area. The commission shall also make available a notice to other papers, radio and television stations serving the City and impact area for use as a public service announcement. Following the commission hearing, if the commission makes a material change in the Comprehensive Plan, further notice and hearings shall be provided before the commission forwards the plan, amendment, or repeal with its recommendation to the Council. (Ord. 787, 3-8-2016)

   B.   Recommendations From Commission: The Council, prior to amendment or repeal of the Comprehensive Plan, may conduct at least one public hearing using the same notice and hearing procedures as the commission. The Council shall not hold a public hearing, give notice of a proposed hearing, nor take action upon the plan, amendments, or repeal until the recommendations have been received from the commission. (Ord. 797, 2-13-2018)

   C.   Further Notice And Hearing: Following the hearing by the Council, if the Council makes a material change in the Comprehensive Plan, further notice and hearing shall be provided before the Council adopts the change. (Ord. 787, 3-8-2016)

   D.   Adoption By Resolution: No plan, amendment, or repeal shall be effective unless adopted by resolution by the Council. (Ord. 797, 2-13-2018)

   E.   Petition For Amendment: Any person may petition the commission for an amendment to the Comprehensive Plan at any time. The commission may recommend amendments to the Comprehensive Plan to the Council to correct errors in the original Comprehensive Plan or to recognize substantial changes in the actual conditions in the area. The commission may recommend to Council at any time amendments to other ordinances authorized by this chapter and by section 67-6509, Idaho Code. (Ord. 787, 3-8-2016)

The zoning districts provided for in this chapter may be amended as follows:

   A.   Submission To Commission: Requests for an amendment to this chapter shall be submitted to the commission which shall evaluate the request to determine the extent and nature of the amendment requested.

   B.   Council Adopt Or Reject: If the request is in accordance with the adopted Comprehensive Plan, the commission may recommend and Council may adopt or reject the ordinance amendment under the notice and hearing procedures provided in section 11-2-14 of this chapter; provided, that in the case of zoning district boundary changes, additional notices shall be provided by mail to property owners and residents within three hundred feet (300') of the external boundaries of the land being considered, and within any additional area that may be impacted by the proposed change as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, alternate forms or procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed notice.

   C.   Request Not In Accordance With Adopted Comprehensive Plan: If the request is not in accordance with the adopted Comprehensive Plan, the commission shall consider the same as an amendment to the Comprehensive Plan pursuant to the requirements of section 11-2-14 of this chapter, and submit its recommendation to Council. The Council may adopt or reject an amendment to the Comprehensive Plan under the notice and hearing requirements provided in section 11-2-14 of this chapter. After the plan has been amended, the zoning ordinance may then be amended as provided for under subsection B of this section. (Ord. 787, 3-8-2016)

Where there are unnecessary hardships because of the characteristics of the site, Council may grant a variance modifying the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, and other ordinance provisions affecting the size or shape of a structure or the placement of a structure upon lots, or the size of lots. The Council shall seek the advice and recommendations of the commission prior to granting or denying a variance. Prior to making its recommendations to Council, the commission shall hold at least one public hearing in which all interested persons shall have an opportunity to be heard. Prior to granting a variance, Council may hold at least one public hearing in which all interested persons shall have an opportunity to be heard at least fifteen (15) days prior to all public hearings, notice of the time and place, and a detailed description of the variance, shall be published in the official newspaper of general circulation within the City and the impact area. Written notice shall also be provided to property owners and residents within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered, and within any additional area that may be substantially impacted by the proposed variance. A variance shall not be considered a right or special privilege and may be granted only upon a showing of undue hardship because of the characteristics of the site and upon a showing that the variance is not in conflict with the public interest. (Ord. 797, 2-13-2018)

Within five (5) days after a decision has been rendered by the commission, the Chairman thereof shall provide the applicant for the permit, special use, zoning change, or variance with notice of the action taken on his request and the reasons therefor; also the City Clerk shall notify the applicant within five (5) days of the action taken by the Council. (Ord. 787, 3-8-2016)

Any person or entity who is found to be in violation of this Chapter, shall be deemed to have committed a misdemeanor and for each violation shall be fined a sum not exceeding three hundred dollars ($300.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment. Each day of violation shall constitute a separate offence. (Ord. 807, 11-12-2019)