Except as otherwise provided in this title, no main building or premises in a C-1 Commercial District shall be erected, altered, used, arranged or designed to be used, in whole or in part, for uses other than set forth in this chapter unless they comply with all the provisions set forth in this chapter. (Ord. 1204, 2002)

Permitted uses in the C-1 Commercial District are as follows:

   All uses allowed in a C Commercial District.

   Residential use on Second Floor of Structure, in compliance with code requirements.

   Licensed sidewalk cafes and outdoor dining areas per section 5.12.020 of this Code. (Ord. 1532, 2023: Ord. 1411, 2016)

The following uses may be permitted by the Planning and Zoning Commission after public notice has been given in accordance with Idaho Code section 67-6509 and a public hearing is held. The Planning and Zoning Commission may require appropriate safeguards and special conditions as said commission deems necessary. Such uses and buildings must be appropriately located and designed to meet a community need without adversely affecting the neighborhood.

All conditional uses as allowed in a C Commercial District.

Drinking establishments that serve beer, wine or liquor for on site consumption. Provided, however, in the event a drinking establishment license is being transferred to a new owner within ninety (90) days from the date the current owner ceases doing business, a conditional use permit will not be required. If there is any change in the use, including, but not limited to, increased hours of operation, size, capacity, type of drinking establishment, or entertainment then the transfer shall be subject to receiving a new conditional use permit.

Residential use. (Ord. 1425, 2017)

   A.   Setback Required When: No setback shall be required except where buildings are constructed adjacent to a street of less than sixty feet (60') in width, in which case buildings shall be constructed no closer than thirty five feet (35') from the centerline of the street. Landscaping shall cover five percent (5%) of the lot or ten feet (10') deep along any street frontage, whichever is less. Delivery service areas of twenty feet (20') in width in the rear or side may be required.

   B.   Minimum Lot Size: There shall be no minimum lot size in the C-1 Commercial District. (Ord. 1204, 2002)

   A.   No window or door while in an open position or during opening shall project into any street or alley.

   B.   No new structure shall occupy more than eighty percent (80%) of the total lot size.

   C.   Broken glass shall be secured by replacement or re-glazing within thirty (30) days of notice from City to property owner. An administrative extension may be granted upon receipt of written request, and upon justifiable cause demonstrated. (Ord. 1435, 2017)

   A.   The off street parking and loading zone requirements for the C-1 Commercial District are referred to in chapter 17.72 of this title.

   B.   For each five thousand (5,000) square feet of floor space, one off street loading zone of at least three hundred (300) square feet shall be provided on the property.

   C.   For all nonresidential use permitted and located on a lot in the C-1 Commercial District built or use intensified after the effective date of this title, where there is not area available on the lot to meet the number of off street parking areas or off street loading zone as required and delineated in chapter 17.72 of this title, shall be exempt from the requirement of providing off street parking. The exemption shall be applied to the land use on the lot requiring the fewest number of spaces. Only one exemption shall be allowed per lot.

   D.   The City Council may enact an in lieu parking space construction fee when it is not possible to provide some or all of the required off street parking. The funds shall be retained by the City and shall be used exclusively for the purpose of acquiring and developing public off street parking facilities. The in lieu fee is set by resolution, when enacted. (Ord. 1393, 2015)

The boundaries for the C-1 Commercial District extend from Third Avenue North including Lots 1-5 in block 2 of Chase Addition to the City of Payette, to the east boundary of Kiwanis Park and, from the east centerline of Seventh Street to the west centerline of Ninth Street. (Ord. 1404, 2016)