The purpose of these performance standards is to set specific conditions for various uses. In addition to all other regulations specified in this title, the following provisions shall be adhered to. (Ord. 1204, 2002)

A residence may not be converted to accommodate an increased number of dwelling units unless:

   A.   The yard dimensions will meet the yard dimensions required by the zoning regulations for new structures in that district.

   B.   The lot area per family equals the lot area requirements for new structures in that district.

   C.   The conversion is in compliance with all other relevant codes and ordinances. (Ord. 1204, 2002)

Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may only be permitted in any zone during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. In a residential district of the City this use shall be limited to one hundred twenty (120) days. Storage of such facilities or equipment beyond the completion date of the project shall require a conditional use permit authorized by the City. (Ord. 1204, 2002)

No inoperable and/or unregistered vehicles of any kind or type shall be parked or stored on any residential property other than in a completely enclosed building or an enclosed yard that is not visible to the neighbors. (Ord. 1204, 2002)

No land or structure in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if safeguards are employed which will reduce dangerous and objectionable conditions to acceptable limits as set out herein.

   A.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials, including hazardous materials, should be protected by adequate firefighting and fire protection equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specific in the Fire Code and the National Safety Foundation publications.

   B.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

   C.   Noise: Noise that is audible from fifty feet (50') or greater from the source. Air raid sirens or fire sirens and related apparatus used solely for public purposes are exempt from this requirement, as are noises attendant to ordinary agricultural operations.

   D.   Vibration: No vibration shall be permitted which is discernable without instruments on any adjoining lot or property.

   E.   Air Pollution: Air pollution shall be subject to the rules and regulations established by the Southwest District Health Department, its successor, the State of Idaho or the United States of America.

   F.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial- commercial zone or from any street.

   G.   Erosion: No erosion, caused by human instrumentalities, shall be permitted which will carry objectionable substances onto neighboring properties.

   H.   Enforcement Provisions: The City, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

   I.   Measurements Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures by the Southwest District Health Department. (Ord. 1204, 2002)

   A.   Shall not be located in any required front yard setback area.

   B.   Shall not be located closer than five feet (5') from any side or rear property line or in any utility easement of record, if any exists. Shall not be located closer than eight feet (8') to any main building.

   C.   In residential zones, the square footage of an accessory structure shall not be greater than that of the primary residence, unless approved through conditional use permit.

   D.   A detached accessory building, structure, or use shall not exceed twenty two feet (22') in height in residential zones. In all other zones, the height of an accessory building, structure or use shall not exceed the maximum building height allowed in the applicable zoning district.

   E.   Any accessory building, including detached garages, over two hundred (200) square feet in size shall require a building permit. Where an accessory is attached to a main building, it shall be subject to and conform with regulations of this title which are applicable to the main building.

   F.   Must be compatible with the surrounding structures. (Ord. 1565, § 1, 2025: Ord. 1442, 2018)

Animal clinics, animal hospitals, veterinary offices, commercial kennels shall be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The City may modify these requirements if the animals are housed in soundproof structures that screen them from view of the abutting residential property. (Ord. 1204, 2002)

Manufactured homes meeting the following standards may be sited on single-family lots within the City limits. Manufactured home does not include recreational vehicles.

   A.   The manufactured home shall be a doublewide.

   B.   The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter unless located within a floodplain, which causes compliance with the City floodplain standards as referenced in title 15, chapter 15.36 of this Code.

   C.   The manufactured home shall have a pitched roof of no less than three feet (3') in height for each twelve feet (12') in width.

   D.   The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings.

   E.   Additions to a manufactured home shall be of compatible construction using like materials.

   F.   Only one manufactured home may be placed on any single lot. (Ord. 1204, 2002)

   A.   No mobile home may be placed on a single-family lot within the city limits of the city after the effective date of this title unless it meets the rehabilitation standards as specified in title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated in section 17.64.080 of this chapter. Mobile homes do not include recreational vehicles.

   B.   Neither mobile homes, manufactured homes nor recreational vehicles shall be placed on any lot in any district to provide housing which is in addition to the primary residential structure. (Ord. 1204, 2002)

Bulk storage of flammable liquids and gases shall:

   A.   Be located at least three hundred feet (300') from a residence, motel, or hotel, except for an owner's residence.

   B.   Be erected only with the written approval of the Payette department of public safety and with any other governmental agency having jurisdiction.

   C.   Have suitable loading and unloading spaces and off street parking facilities meeting the approval of the Payette department of public safety. (Ord. 1204, 2002)

Chemicals, pesticide and fertilizer storage and manufacturing will have adequate fire protection, storage area, handling and disposal as approved in writing by the Payette department of public safety. (Ord. 1204, 2002)

   A.   Shall be located a minimum distance of three hundred feet (300') from any residence except for an owner's residence.

   B.   Shall have a vision screening fence around areas utilized for storage of equipment and demolition material. (Ord. 1204, 2002)

   A.   Shall be enclosed within the property lines and landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties;

   B.   Shall have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence;

   C.   Shall provide for adequate trash receptacles; and

   D.   Lighting shall be positioned so that artificial lighting is directed inward towards the lot and does not shine directly on surrounding property. (Ord. 1204, 2002)

   A.   Shall take place in such a manner as to result in the smallest amount of bare ground exposed for the shortest time feasible.

   B.   Shall provide temporary ground cover, such as mulch.

   C.   Shall use diversions, silting basins, terraces and other methods to trap sediment.

   D.   Shall provide lagooning in such a manner as to avoid creation of fish trap conditions.

   E.   Shall not result in damage to a floodway, channel or natural drainageway.

   F.   Shall construct and stabilize side and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or slope failure.

   G.   Shall not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right-of-way.

   H.   Shall restore topsoil or loam to a depth of not less than six inches (6"). (Ord. 1204, 2002)

   A.   General: Home occupations shall be permitted in all zones, provided the home occupation clearly and obviously is subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.

   B.   Conditions: The following conditions shall apply to home occupations:

      1.   The home occupation shall not exceed twenty percent (20%) of the floor area of the primary structure.

      2.   Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation. In an A Residential District, no nonfamily employees are allowed.

      3.   Inventory and supplies shall not occupy more than fifty percent (50%) of the area permitted to be used as a home occupation.

      4.   There shall be no exterior display or storage of goods on said premises.

      5.   The use may not materially change the character of the dwelling or adversely affect the uses permitted in a Residential Zone. There shall be no change in the outside appearance of the building premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, indirectly illuminated and mounted flat against the wall of the principal building except in an A Residential District in which no sign is allowed.

      6.   Home occupations that involve beauty shops, barbershops, or other occupations that require State or Federal licenses to operate, shall require a conditional use permit.

      7.   Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.

      8.   All parking resulting from the operation of the home occupation shall be located on site of the dwelling in a designated parking area, such as a driveway; not on the public street or public street right-of-way or in the front yard or front yard setback area.

      9.   Prior to conducting a home occupation, an application shall be made to the City Clerk's Office. The applicant shall be granted a permit if the applicant complies with this and other pertinent City ordinances and regulations. The applicant may appeal a denial of a permit directly to the Planning and Zoning Commission.

   C.   Conditional Use Permit: If an applicant for a home occupation permit wishes to deviate from the requirements listed above, such applicant must apply to the Planning and Zoning Commission for a conditional use permit.

   D.   Application Fee: All applicants for a home occupation permit must pay an application fee in such amount as established by resolution of the City Council at the time they apply for the permit.

   E.   Nuisances To Surrounding Area: No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable off of the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. (Ord. 1464, 2019)

Manufactured home/recreational vehicle parks shall be allowed in Districts B and C by conditional use permit, but only when such parks are constructed and maintained in accordance with title 5, chapter 5.28 of this Code. (Ord. 1204, 2002)

Commercial and industrial materials stored outdoors:

   A.   Will be screened from view from any existing adjoining residence or Residentially zoned area, whether or not such property is separated by an alleyway or street.

   B.   Will not be located in any front yard setback area. (Ord. 1204, 2002)

   A.   Will locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence, except for owner's residence. All facilities shall be set back a minimum distance of thirty feet (30') from any property line.

   B.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor.

   C.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. (Ord. 1204, 2002)

   A.   A solid fence blocking the view of the yard from outside the yard meeting the terms of this title and kept in good repair shall be constructed parallel to and ten feet (10') behind the right-of-way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard, and shall be constructed within one year from the effective date of this title.

   B.   Materials used and details of construction must be approved by the Planning and Zoning Commission. The decision of the Planning Commission shall be guided by the need to preserve and protect the scenic and aesthetic values of the surrounding area, and to protect property value.

   C.   Shall not store automobiles or junk in a manner exceeding the fence height.

   D.   Shall have such landscaping that is appropriate with the surrounding area.

   E.   Shall have a current, valid license from the City to operate a junkyard.

   F.   Shall be in compliance with section 17.56.100 of this title. (Ord. 1204, 2002)

The Planning Commission may grant a conditional use permit for the construction of a landfill, recycling center, incinerator, commercial composting operation, liquid waste land farm, or any other type of solid waste disposal or recycling operation subject to the following conditions:

   A.   No such permit shall be granted in the A and B Districts.

   B.   Such operations shall obtain proper State and local permits.

   C.   Such operations shall be required to establish, to the commission's satisfaction, that they intend to and are financially capable of complying with all State, Federal, and local laws, ordinances and regulations governing the conduct of such operations.

   D.   Such operation shall be required to plan for, install and maintain such safeguards and measures as the commission shall require to ensure that groundwater quality and air quality are preserved and environmental hazards, nuisances and unsightly areas are not created by the operation.

   E.   Such operations that involve the landfilling of solid waste shall be required to install a composite liner system and a leachate collection system. (Ord. 1204, 2002)

A "townhouse" as defined by section 17.08.010 of this title, shall be subject to the following restrictions:

   A.   Minimum lot size shall be three thousand five hundred (3,500) square feet per living unit.

   B.   Minimum lot width shall be thirty five feet (35') per living unit.

   C.   Minimum intersecting street setbacks shall be twenty five feet (25') from the property line.

   D.   Minimum front yard setback shall be twenty five feet (25') from the front property line.

   E.   Minimum side yard setback shall be ten feet (10') from the side property line.

   F.   Minimum rear yard setback shall be fifteen feet (15') from the rear property line.

   G.   A minimum of two (2) side by side off street parking spaces shall be provided on each lot.

   H.   The maximum number of contiguous townhouses shall be four (4).

   I.   The maximum height on any townhouse shall be two (2) stories high.

   J.   All other zoning or subdivision requirements in the area in which the structure is being located shall apply. (Ord. 1497, 2021: Ord. 1204, 2002)