The provisions contained herein shall be known, cited, and referred to as the CITY OF POCATELLO ZONING ORDINANCE or the ZONING ORDINANCE. (Ord. 2846 § 1, 2008)

The purpose of this title is to preserve and protect the public health, safety and welfare by:

   A.   Encouraging growth and development consistent with the comprehensive plan.

   B.   Encouraging innovations in land development and redevelopment, including inventive ideas in design, quality, and character of new and infill development or redevelopment.

   C.   Developing standards that reduce adverse impacts of development.

   D.   Fostering safe, efficient, and/or economic use of the land, public facilities and services, such as water, wastewater, storm drainage, fire and emergency services, police, electricity, and transportation infrastructure, and of open space, recreation, and public parks, and environmental resources.

   E.   Encouraging patterns of land use which decrease trip length of automobile travel and encourage trip consolidation.

   F.   Increasing public access to mass transit, sidewalks, trails, bicycle routes, and other alternative modes of transportation.

   G.   Fostering a pattern of mixed use development where appropriate.

   H.   Encouraging infill development of vacant or underutilized properties within established areas.

   I.   Encouraging development proposals that are compatible with the character of existing and planned neighborhoods and districts.

   J.   Encouraging development that is sensitive to natural areas and features.

   K.   Encouraging residential development with a variety of densities to meet the needs of the community, provide housing for households of all income levels, and meet the goals of the comprehensive plan. (Ord. 2846 § 1, 2008)

The city council of the city of Pocatello has the authority to adopt this title pursuant to Idaho's "local land use planning act of 1975", title 67, chapter 65 of the Idaho Code. (Ord. 2846 § 1, 2008)

Zoning districts shall be guided by use designations outlined in the Pocatello comprehensive plan. The following chart shall be used to guide consistency.

   PLAN DESIGNATION-ZONING DISTRICT CONVERSION CHART

 

The provisions of this title shall apply to any and all development of land within the municipal boundaries of the city, unless expressly and specifically exempted or provided otherwise in this code. No development shall be undertaken without prior and proper approval, payment of all applicable fees, or authorization pursuant to the terms of this code. All development shall comply with the applicable terms, conditions, requirements, standards, and procedures established in this code.

Except as hereinafter provided, no building, structure, or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved, or structurally altered except in conformance with the regulations herein specified, nor shall a yard, lot, or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.

This code establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Applications for overall development plans, project development plans, final plans, and building permits will be reviewed for compliance with the applicable general development standards and individual zoning district standards, in addition to all other appropriate codes and standards adopted by the city of Pocatello. (Ord. 2846 § 1, 2008)

As used in this chapter, each of the terms defined shall have the meanings given in this section. If a definition is incomplete or unavailable, reference shall be to the most recent edition of "The Latest Illustrated Book Of Development Definitions" by Moskowitz and Lindbloom.

   ACCESSORY: That which is both subordinate to and incidental to the principal or primary use, or building or structure.

   ADJOIN OR ADJOINING: Sharing a common boundary line or wall. Adjacent and/or abutting may also be used. For the purposes of notice requirements of section 17.02.160 and subsection 17.02.160.K of this title, adjoining shall also be deemed to include properties across rights of way, waterways, and canals.

   ALLEY: Any public space or right-of-way usually at least ten feet (10') in width which has been dedicated or deeded to the public for public use and which normally affords only secondary means of access to property.

   ALTERATION: A physical change or modification to a structure or site, either interior or exterior, not including normal maintenance and repair.

   ANIMAL ESTABLISHMENT: See title 6, chapter 6.04 of this code.

   ANNEX: To incorporate a land area into an existing district or municipality with a resulting change in the boundaries of the annexing jurisdiction, pursuant to Idaho Code section 50-222.

   APARTMENT BUILDING: A building/structure containing three (3) or more dwelling units, excluding condominium and townhouse complexes.

   APPLICANT: Any person submitting an application for land use development.

   ARCHITECTURAL APPENDAGE: Features projecting beyond the building footprint such as roof overhangs, cornices, or bay windows constructed as part of a structure.

   AUTO SALVAGE YARD: A site where two (2) or more motor vehicle bodies and/or parts are salvaged for resale and/or inoperative motor vehicles are stored. The storage of two (2) or more unlicensed or inoperative vehicles constitutes an auto salvage yard.

   BED AND BREAKFAST FACILITY: A dwelling in which the residents operate one to five (5) overnight guestrooms for compensation on a daily basis. The only meal provided to customers is breakfast and only to customers lodging in the facility. The facility retains the appearance of a residential structure within its neighborhood.

   BLOCK: The aggregate of private lots, passages and alleys, circumscribed by right of way.

   BLOCK FACE: The aggregate of all building facades on one side of a block.

   BOARDING HOUSE: A residential building constructed, arranged, or used for one or two (2) households per dwelling unit for nontransient (over 30 days) lodging for compensation, with or without meals. Not included are apartment buildings, townhouses, condominium, facilities for fraternities, sororities, group home living, assisted living or medical care, shelter or halfway facilities, or similar facilities. Contrast with "residential rental dwelling".

   BUFFER: To separate properties or uses that have potentially negative impacts by methods such as, but not limited to, landscaping, fencing, or berming.

   BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

   BUILDING AREA: The sum in square feet of the ground area occupied by all buildings and structures on a lot, or as shown on building permit plans.

   BUILDING SETBACK: The distance from the property line to a building foundation excluding architectural appendages.

   BUILDING SIGN: Any sign attached to any portion, appendage, or material of a building or a structure.

   BUSINESS ELEVATION: The area of a multi-tenant property, in square feet, derived by measuring the width and height of an exterior wall which is occupied by an individual business or tenant.

   CALIPER: Measurement of the diameter of a tree taken six inches (6") above the ground for diameters up to and including four inches (4"), twelve inches (12") above the ground for trees four (4) to eight inches (8") in diameter, and four and one-half feet (4.5') above the ground for trees over eight inches (8") in diameter.

   CANOPY STRUCTURE: Any overhead structure that is constructed in such a manner as to allow pedestrians and/or vehicles to pass under.

   CARPORT: An unenclosed, roofed structure supported by posts and designed to provide an overhead covering for vehicles. May be detached or attached to another structure.

   CERTIFICATE OF APPROPRIATENESS: A certificate issued by the historic preservation commission which verifies that the proposed construction of or exterior alteration to a historic property or landmark, or to a property within a historic district has been reviewed and approved by the historic preservation commission and is in conformance with the principles of historic preservation and compatible with the district as a whole.

   CERTIFICATE OF OCCUPANCY (C OF O): A document issued by city officials certifying that a building has been completed, occupancy type of a building has been changed, and/or site requirements have been completed in compliance with city of Pocatello regulations and the building is fit for use or occupancy.

   CITY: The city of Pocatello.

   CLUSTER: A design technique that concentrates buildings or lots on a part of a development site to allow the remaining land to be used for open space or public purposes.

   COMMUNITY FACILITY: A publicly owned facility that is primarily intended to serve the recreational, educational, cultural, or entertainment needs of the community as a whole.

   CONDOMINIUM: A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all of the owners on a proportional, undivided basis; and as also defined in Idaho Code section 55-101B.

   CONSTRUCTION: The initial erection, fabrication, or installation of, or alteration, repair, addition to, removal, conversion, or demolition of any building or structure or addition thereto, including all related activities, but not restricted to, clearing of land, earthmoving, grading, or otherwise utilizing a parcel of land.

   COUNTY: Bannock County, unless stated otherwise.

   DAY: A calendar day.

   DAYCARE: Care provided for any part of a twenty four (24) hour day for children not members of the household of the provider (see section 5.28.010 of this code).

   DAYCARE FACILITY: The place, home, building, location, or portion thereof, wherein children are cared for under the provisions of title 5, chapter 5.28 of this code.

   DEMOLISH: To raze, destroy, or dismantle.

   DENSITY: The number of dwelling units per net acre of land, excluding such areas as streets, etc.

   DEVELOP: To construct or alter a structure or to make a physical change to improved or unimproved real estate, including buildings, structures, parking and loading areas, landscaping, mining, dredging, cutting and/or filling, grading, excavating, drilling, and/or storing or displaying of materials.

   DEVELOPMENT: Any human caused change to improved or unimproved real estate, including, but not limited to, buildings or other structures, parking and loading areas, landscaping, mining, dredging, filling, grading, paving, excavating, drilling, and/or areas devoted to exterior display, storage, or other activities.

   DIRECTOR: The director or designee of the city of Pocatello planning and development services department.

   DISTURBED AREA: The total area of alteration to the ground surface resulting from development. The work done by the Civilian Conservation Corp (CCC) is not considered previously disturbed area and shall be considered natural slope.

   DORMITORY: A building and/or buildings used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery, correctional, or other similar institutional use, owned and/or operated by the associated institution.

   DRIP LINE: A vertical line extending from the outermost edge of a roof, tree, etc., to the ground.

   DROUGHT TOLERANT: See definition of Landscaping, Low Water.

   DUPLEX: A detached building containing two (2) dwelling units, either one above the other or side by side, not normally separated by a firewall, and not normally capable of separate ownership/real property title transfer. Distinguishable from a “townhouse”. Units may be detached from one another so long as both buildings meet all required dimensional standards of an attached duplex. Distinguishable from “accessory dwelling units”.

   DWELLING, MULTIPLE-FAMILY: A building or portion thereof, containing three (3) or more dwelling units, excluding condominium and townhouse complexes. A term synonymous with "apartment building".

   DWELLING, SINGLE-UNIT: A building composed of one dwelling unit, with or without appurtenances such as garages. See also definition of House.

   DWELLING UNIT: A single unit providing complete, independent living facilities for one household including permanent provisions for living, sleeping, eating, cooking, and sanitation, on a nontransient basis, specifically excluding motel and hotel accommodations.

   DWELLING UNIT, ACCESSORY: Second single-family dwelling units, either within or added to a detached single-family dwelling or within a separate accessory structure on the same lot as the primary single-family dwelling.

   DWELLING UNIT, ZERO LOT LINE: A single-family dwelling unit one side of which is placed upon a side lot line.

   EASEMENT: An interest in land owned by another consisting of the right to use or control the land or an area above or below it, for a specified purpose.

   EROSION: The wearing away of the land surface as a result of the movement of wind, water, or ice.

   EXTERIOR: Any portion of the outside of a property or structure which can be seen from a public place.

   EXTERIOR FEATURES: The architectural style, general design, and general arrangement of the exterior of a building or structure, including the color, the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, and other appurtenant fixtures and natural features such as trees and shrubbery. In the case of outdoor signs, exterior features shall be construed to mean the style, material, size, location, and number of such signs.

   FRATERNITY/SORORITY HOUSE: A facility for housing a club of men (fraternity) or women (sorority) college students.

   FRONTAGE: The length of the property line of any parcel of land abutting a street, road, or highway.

   GEOLOGICAL ASSESSMENT: An analysis prepared and stamped by a registered geologist or registered certified engineering geologist detailing the surface and subsurface conditions of a site and delineating areas of a property that might be subject to existing or potential geologic hazards.

   GEOTECHNICAL ENGINEER: A professional engineer, registered by the state of Idaho board of registration of professional engineers and professional land surveyors, who by training, education, and experience is qualified in the practice of geotechnical or soils engineering.

   GEOTECHNICAL EVALUATION: An analysis prepared by a registered professional geologist or a registered professional engineer which addresses current city requirements for a geotechnical evaluation.

   GEOTECHNICAL REPORT: A written report prepared and stamped by a registered engineering geologist or geotechnical engineer and prepared in accordance with state of Idaho standards.

   GEOTECHNICAL RISK ASSESSMENT (GRA): The on site, ongoing evaluation required during all grading or earthwork projects prepared by a registered professional geologist or a registered professional engineer which addresses current city requirements for a GRA.

   GRADING: Any stripping, cutting, filling, clearing, grubbing, excavating, or stockpiling of earth or land, including the land in its cut or filled condition and the construction of slopes and facilities incidental to such work.

   GREATER POCATELLO AREA: An area consisting of the cities of Pocatello and Chubbuck, the Pocatello regional airport, and those portions of Bannock and Power Counties that are within one mile of the city limits of these cities and/or the Pocatello regional airport, excluding the Fort Hall Indian Reservation. For purposes of this chapter, the term shall be construed to be synonymous with "local".

   GROSS FLOOR AREA (GFA): The total area in square feet of all floors of a building measured from outside walls.

   GROUP HOME: See Idaho Code section 67-6531.

   GRUBBING: The cutting, moving, or removing of vegetation, brush, grass, ground cover, or other vegetative matter from a site.

   HEIGHT: The vertical distance from the approved finished grade measured from the average ground elevation around the perimeter of the building to the highest point of the building.

   HILLSIDE AREA: Land containing fifteen percent (15%) or greater slopes.

   HISTORIC DISTRICT: A designation for an area which includes or encompasses such sites, landmarks, buildings, structures, or objects as meet the definition of "historic" set forth elsewhere in this title and has therefore been officially delineated as being subject to regulations set forth in this chapter. This designation is independent from any listing or designation with the national register of historic places.

   HISTORIC EASEMENT: Any easement, restriction, covenant or condition running with the land, designated to preserve, maintain or enhance all or part of the existing state of places of historical, architectural, archaeological, or cultural significance.

   HISTORIC OR HISTORICAL: A designation, when applied under the terms of this title, that the site, landmark, area, property, or structure to which it is applied has been deemed to be of particular historic, cultural, architectural, or archaeological significance to the city, state, or nation, either because it reflects the cultural, political, spiritual, economic, social, or artistic history of the city, state, or nation; or because it is identified or associated with the lives of persons or of events of such significance or because it embodies distinguishing characteristics representative of a period, style or method of construction, or a notable work of construction, or a notable work of a master designer or architect; or because it has yielded, or may be likely to yield, information important in prehistory or history.

   HISTORIC OR HISTORICAL LANDMARK OR PROPERTY: Any site (including significant landscape features and plant life located thereon), building, structure, or object which meets the definition of "historic" as defined elsewhere in this title and has been so designated by the city council and/or the national trust for historic preservation.

   HISTORIC PRESERVATION: The research, protection, restoration, and rehabilitation of buildings, objects, districts, areas, and sites significant in the history, architecture, archaeology, or culture of the city, state, or nation.

   HISTORIC PRESERVATION COMMISSION: The historic preservation commission of the city of Pocatello.

   HOME OCCUPATION: A use conducted entirely within an enclosed residential dwelling or accessory building on the same property as the residence, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupancy and does not change the character or use classification of the residential structure or area.

   HOTEL: A commercial lodging facility designed for or occupied by individuals on a transient basis (30 days or less).

   HOUSE: A detached residential structure containing a single dwelling unit. Compare with "duplex" for similar structures containing two (2) dwelling units.

   HOUSEHOLD: A person living alone, or any of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

      A.   Any number of people related by blood, marriage, adoption, guardianship, or other duly- authorized custodial relationship;

      B.   Two (2) unrelated people and any children related, within the degree described above, to either of them; or

      C.   Not more than four (4) unrelated people.

      "Household" does not include: any society, club, fraternity, sorority; association, lodge, federation, or like organization; any group of individuals whose association is temporary or seasonal in nature; or any group of individuals who are in a group living arrangement as a result of criminal offenses.

   IMPERVIOUS SURFACE: An area that does not absorb water or other liquids, including rooftops, parking areas, driveways, roads, sidewalks, and any areas covered with concrete and/or asphalt, or other type of paving material.

   INTENSITY OF USE: The magnitude of density, traffic flow, land use type.

   JUNK: An accumulation of any kind, including, but not limited to, used merchandise, building materials and automobile parts.

   JUNKYARD: An establishment or place which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. See also definition of Auto Salvage Yard.

   KENNEL: See definition of Commercial Animal Establishment, section 6.04.010 of this code.

   LANDSCAPING: Improvements consisting of vegetation such as trees, shrubs, vines, ground covers or grass; and non-vegetative cover.

   LANDSCAPING, LOW WATER: Use of a plant or plants that require less supplemental irrigation for survival than traditional plantings, as determined by the city forester.

   LIGHT SHIELD: Any attachment that interrupts and blocks the path of light emitted from a luminaire or fixture.

   LOCAL: See definition of Greater Pocatello Area.

   LOT: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by this code, to be separately owned, used, developed, or built upon.

   LOT, CORNER: Any lot situated at two (2) intersecting streets.

   LOT DEPTH: The average distance measured from the front lot line to the rear lot line.

   LOT, FLAG: An odd shaped lot that, in appearance, generally resembles a flag on a standard with the end of the narrowest portion representing the street frontage.

   LOT LINE: The legally described boundary line that indicates the limits of a parcel, tract, lot, or block for the purpose of delineating ownership and/or setback requirements.

   LOT LINE, FRONT: Lot line adjacent to the right-of-way upon which the primary structure is addressed.

   LOT LINE, REAR: Lot line which is parallel to and most distant from the front lot line. For irregularly shaped lots, a ten-foot (10') line which is in the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this code.

   LOT LINE, SIDE: Lot line which is not defined as a front or rear lot line shall be considered a side lot line.

   LOT, THROUGH: A lot that has frontage on two (2) approximately parallel streets.

   LOT WIDTH: The distance between the side lot lines, measured at the two (2) points where the front building line or setback line intersects the side lot lines.

   MANUFACTURED HOME: Any factory built house structure transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities. Contrast with commercial coach, recreational vehicle or motor home, which are not manufactured homes.

   MANUFACTURED HOME, INSIGNIA: Any manufactured home that bears an insignia or certification label showing that its construction complies with the standards established by the Idaho state department of labor and industries pursuant to RCWW 43.22 for homes built between 1968 and 1976, or by the U.S. department of housing and urban development pursuant to the national manufactured home construction and safety standards act of 1974 (42 USC 5401-5426 as now existing and in accordance with any amendments that may hereafter be made thereto) for homes built since June 1976.

   MANUFACTURED HOME LOT: Any portion of a manufactured/mobile home park designated as the location for one manufactured home and its accessory structures.

   MANUFACTURED HOME, NONINSIGNIA: Any manufactured home that does not bear the insignia or certification referenced above; sometimes referred to as a mobile home.

   MANUFACTURED/MOBILE HOME PARK: Real property under single ownership and management, or multiple ownerships and a single management, which is used as the location for two (2) or more manufactured homes that are, or are intended to be, occupied as dwelling units on a nontransient basis.

   MINISTORAGE OR MINIWAREHOUSE: See definition of Self-Service Storage Facility.

   NATIVE VEGETATION: Plants indigenous to the intermountain region, including shrubs of the sagebrush steppe such as, but not limited to, big sagebrush, rabbitbrush, greasewood, hopsage, bitterbrush, and buckwheat, and native grasses such as, but not limited to, bluebunch wheatgrass and Sandberg bluegrass.

   NONCONFORMING BUILDING OR STRUCTURE: Any building or structure that was legally established but no longer conforms to all development standards of this code.

   NONCONFORMING LOT: Any designated parcel, tract, or area of land that was legally established by plat, subdivision, or as otherwise permitted by this code, but which does not now conform to the legal lot standards in this code.

   NONCONFORMING USE: A use that was legally established but that no longer complies with the allowed uses or the standards for those uses in this code.

   NONPROFIT: For an unselfish, civic, or humanitarian purpose for the benefit of others and not for the monetary gain of any private individual or group, meeting federal and/or state standards required for nonprofit tax exempt status, and with no benefit to individual, private, or other third party.

   NONVEGETATIVE GROUND COVER: Decorative rock, stone, bark, gravel, or other city approved ornamental cover.

   OFF STREET PARKING AREA: All off street sites and spaces designed, used, required or intended to be used for the parking of motor vehicles, including driveways or accessways in and to such areas, but not including public streets and rights of way.

   OUTDOOR LIGHT FIXTURE: Any outdoor electrically powered illuminating device, outdoor lighting, or reflective surface, lamp, or similar device, permanently installed or portable, used for illumination and/or advertisement. Such devices include, but are not limited to, search, spot, and flood lights for structures, recreational areas, parking lots, landscape areas, signage (regulated under title 15, chapter 15.20 of this code), streets, product displays, and building overhangs and canopies.

   OUTDOOR RECREATION FACILITY: An area devoted to active sports or recreation including, but not limited to, go-cart tracks, miniature golf, archery ranges, paintball ranges, skate parks, sport stadiums, that may or may not feature stadium type seating.

   OUTDOOR STORAGE: The keeping of any equipment, goods, junk, material, merchandise, or junked or inoperative vehicles outside of a building for seventy two (72) hours or more.

   OVERLAY: A land use designation depicted on the comprehensive plan land use map, or a zoning designation depicted on the zoning map, that modifies the underlying zoning regulations in some manner.

   OWNER: An individual, firm, association, syndicate, partnership, corporation, or business entity having vested proprietary interest to seek development of land. See also definition of Applicant.

   PARCEL: A piece or area of land specifically identified by dimensions and/or boundaries. See also definition of Lot.

   PEDESTRIAN AMENITIES: Features that enhance the aesthetic quality or visual appeal for and/or provide a safe and comfortable environment to pedestrians, including sidewalks, pedestrian paths, benches, etc.

   PLACE OF WORSHIP OR ASSEMBLY: A building, structure, or other gathering place, or portion thereof, for the gathering together of persons for religious worship. Term synonymous with churches and synagogues.

   PLANNED UNIT DEVELOPMENT: A tract or parcel of land developed as a unit under single ownership or unified control, for which a development plan has been prepared addressing, but not limited to, the proposed uses, open space, on site circulation for both pedestrians and vehicles, parking, setbacks, housing densities, structure placement, landscaping, or architectural treatments.

   PORCH: An open structure attached to the main wall of a residence, usually at either the front or rear entrance, designed to provide access to the entrance. Porches are open on all sides, except where adjoining the residential structure and may or may not have a roof.

   PRIMARY USE: The principal use to which the lot or structure is devoted, and the principal purpose for which such exist.

   PRINCIPAL: The main use(s) or structure(s).

   PROPERTY LINE: See definition of Lot Line.

   PUBLIC: Connected with or acting on behalf of the people, community, or government rather than private matters or interests.

   RECREATIONAL VEHICLE: A motor home, travel trailer, truck camper, or camping trailer with or without motor power, built on a single chassis, not built for use as a permanent dwelling unit. Contrast with manufactured home.

   RECREATIONAL VEHICLE PARK: Real property under a single ownership or management that is used as the location for the temporary occupancy of two (2) or more recreational vehicles and/or tents.

   RECREATIONAL VEHICLE SITE: That portion of a recreational vehicle park that is designated for the parking or placement of a single recreational vehicle and/or tent.

   RESIDENTIAL CARE FACILITY: A facility for three (3) or more persons (frequently age 60 or older or having some sort of disability) operated on either a profit or nonprofit basis, within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments and counseling.

   RIGHT OF WAY: Area of land used for vehicular and pedestrian traffic and to provide access to lots and open spaces, typically owned by the City.

   SALVAGE YARD: See definition of Junkyard.

   SELF-SERVICE STORAGE FACILITY: A building or group of buildings under single ownership or management, consisting of individual, self-contained units that are leased, owned, or rented for storage of business goods, household goods, and/or contractor's supplies. Sometimes referred to as ministorage or miniwarehouse.

   SENSITIVE LANDS: Areas that have been designated by the city on the natural features overlay map of the comprehensive plan as worthy of conservation because of their intrinsic natural or cultural characteristics, ecological functions, scenic qualities, or distinctive character.

   SETBACK: The minimum distance required between a lot line and a building, measured at the shortest distance between a lot line and the exterior wall of a building.

   SHOPPING CENTER: A group of commercial establishments planned, constructed, or managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

   SIGHT TRIANGLE: A triangular shaped forty foot by forty foot (40' x 40'), measured from the curb, portion of land established at any ingress/egress or intersection in which nothing is erected, placed, planted, or allowed to grow greater than three feet (3') in height or less than ten feet (10') so as to limit or obstruct the sight distance of motorists entering or leaving the intersection or ingress/egress.

   SLOPE: The percent of rise or descent of the surface computed by dividing the vertical distance by the horizontal distance times one hundred (100).

   STREET: Any vehicular way that: a) is an existing state, county, or municipal roadway; b) is shown on a plat approved pursuant to law; c) is approved by other official action; or d) is shown on a plat duly filed and recorded prior to the appointment of a planning board with the power to review plats. Street includes the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights of way not intended for motorized traffic, and whether improved or unimproved. This definition shall not be extended to include an alley.

   STREET, ARTERIAL: A class of streets that links communities and urban centers, and serves longer trips at higher speeds and traffic volumes of ten thousand (10,000) or greater average daily traffic; arterials are intended to move through traffic and accommodate major access points, while limiting access from residential streets and driveways.

   STREET, COLLECTOR: Streets designed to collect traffic from local neighborhood roads and distribute it to arterial streets. Collector streets are designed to carry traffic within a neighborhood but generally not between neighborhoods.

   STREET, LOCAL: A street designed to provide vehicular access to abutting residential properties.

   STRUCTURE: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of the land, whether temporary or permanent.

   SUBDIVISION: See definition of “subdivision” under Pocatello Municipal Code Title 16: Subdivision Regulations.

   TOWNHOUSE: A single dwelling unit within a townhouse structure/building.

   TOWNHOUSE STRUCTURE/BUILDING: A structure containing a group of two (2) or more attached dwelling units each of which has open space on at least two (2) sides, with no unit above another and each unit located on a separate parcel of land, capable of separate ownership/real property title transfer from the other dwelling units. Each unit is separated from any other unit by one or more vertical common fire resistant walls.

   TRAILER: A nonmotorized vehicle designed to be pulled by or used in conjunction with a motorized vehicle.

   USE: Any purpose or any activity, occupation, business, or operation for which a lot, building, or other structure or tract of land may be designated, arranged, intended, maintained, or occupied on a site.

   USE, CHANGE OF: A change in the primary type of activity on a lot, building, or other structure or tract of land.

   USE, CONDITIONALLY PERMITTED: An activity conducted on a site that is not permitted outright but may be permitted within a certain zoning district under specific conditions.

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

   WEEK: Seven (7) calendar days.

   WIND ENERGY CONVERSION SYSTEM (WECS): A system designed to convert the power of the wind into mechanical or electrical energy, whose major components typically include a wind turbine, a generator, interconnection apparatus, and control systems.

   YEAR: A calendar year, unless a fiscal year or three hundred sixty five (365) calendar days are indicated. (Ord. 3152, 2024: Ord. 3132, 2023: Ord. 3115, 2023: Ord. 3075, 2021: Ord. 3064, 2021: Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2885, 2010: Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of this section is to classify uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for the regulation of uses in accordance with criteria that are directly relevant to the public health, safety, and general welfare.

   B.   Listing Of Use Classifications: The following classifications of uses are established:

      1.   Residential Use Types:

         a.   Household Living: Dwelling units for households (see section 17.01.150 of this chapter, definition of “household”), including “group homes” as defined by Idaho Code section 67-6531.

         b.   Boarding/Rooming House: Living facilities for groups of unrelated individuals are characterized by shared facilities for eating, hygiene, and/or recreation. Examples include, but are not limited to, boarding houses, sororities, and fraternities, and are subject to household occupancy standards. Tenancy is longer than one month.

         c.   Residential Care Facility: Living facilities providing routine living assistance. “Residential Care Facility” includes, but is not limited to, assisted living, assisted care, and skilled nursing facilities, children’s or other residential care facilities, and drug and alcohol treatment facilities (see also Idaho Code section 39-3304).

         d.   Shelter Housing: Living facilities providing basic services that may include food; personal hygiene support; information and referrals; employment, mail and telephone services; including overnight sleeping accommodations, to people with limited financial resources, including people who are unhoused. This includes postincarceration and halfway houses for those not under judicial detention. This also includes housing for persons who are victims of crime or abuse such as rape or domestic abuse, and the dependents of the victim.

         e.   Home Occupation: A business activity that is carried out on the same site as a dwelling unit, and which is accessory to the residential use. See section 17.06.400, “Home Occupations”, of this title for special use standards.

         f.   Residential Daycare: A daycare business with twelve (12) or fewer children in the operator’s personal residence; or twenty (20) or fewer children in a structure that was not initially constructed for residential purposes, such as a church building. Increased numbers may be conditionally permitted. All other municipal code standards governing daycare operations must be met.

      2.   Civic Use Types:

         a.   Basic Utilities: Community infrastructure, including water and sewer systems, telephone or cable exchanges, power substations, and transit stations.

         b.   Colleges: Institutions of higher education with or without dormitories. Excludes private, profit making, trade and vocational schools, unless associated with a college or university (see subsection B3d(2), “Consumer Services”, of this section).

         c.   Community Recreation: Public or legally recognized nonprofit (meeting federal or state definition for taxation purposes and with no benefit to individual, private, or other third party) owned recreational, social and multipurpose facilities designed to serve the general community. Examples include, but are not limited to, community centers, senior centers, indoor and outdoor tennis/racquetball and soccer clubs, indoor/outdoor swimming pools, parks, playgrounds, picnic areas, golf courses and recreational trail systems. Excludes commercial recreational facilities (see subsection B3c, “Entertainment/Recreation” of this section).

         d.   Cultural Institutions: Public or nonprofit cultural facilities including libraries, museums and galleries.

         e.   Emergency Services: Public safety facilities including police and fire stations, emergency communications, and ambulance services.

         f.   Medical Centers/Hospitals: Facilities providing inpatient, outpatient, emergency, and related ancillary services to the sick and infirm. Usually developed in a campus setting. Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and maintenance facilities; administrative offices and parking. Medical centers may also include freestanding offices for hospital based and/or private practice physicians and other allied healthcare professionals.

         g.   Public Support/Social Service Facilities: Facilities of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, the service is provided on site or employees are at the site on a regular basis. The use may provide short term housing where tenancy may be arranged for periods of less than one month when operated by a public or nonprofit agency. The use may also provide special counseling, education, or training of a public, nonprofit, or charitable nature. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; daycare uses; and athletic facilities. Examples include, but are not limited to, youth club facilities, hospices, drug and alcohol centers, social service facilities, vocational training for the physically or mentally disabled, soup kitchens, and surplus food distribution centers.

         h.   Religious Institutions: Places of religious worship which may also include related accessory uses such as offices, classrooms, daycare, auditoriums, social halls, gymnasiums, and other recreational activities.

         i.   Schools: State of Idaho accredited public and private schools including, but not limited to, elementary, middle, and high schools.

         j.   Social/Fraternal Clubs/Lodges: Nonprofit organizations with social, philanthropic, and/or recreational functions and activities.

      3.   Commercial Use Types:

         a.   Commercial Lodging: Residential facilities such as hotels, motels, and bed and breakfast establishments where tenancy is typically less than one month. May include accessory meeting and convention facilities and restaurants/bars.

         b.   Eating And Drinking Establishments: Establishments which sell prepared food and/or beverages for consumption on site or takeaway including restaurants, banquet facilities, delicatessens, storefront bakeries, bars, taverns, brewpubs, microbreweries, and espresso bars.

         c.   Entertainment/Recreation:

            (1)   Major Event Entertainment: Facilities used for commercial purposes including, but not limited to, auditoriums, stadiums, convention centers, and race tracks which provide athletic, cultural, or entertainment events and exhibits for large groups of spectators.

            (2)   Outdoor Entertainment: Large scale outdoor facilities used for commercial purposes including, but not limited to, outdoor tennis clubs, golf courses, and drive-in movie theaters.

            (3)   Indoor Entertainment: Commercial indoor facilities including, but not limited to, health/fitness clubs, tennis, racquetball and soccer centers, recreational centers, skating rinks, bowling alleys, arcades, shooting or archery ranges, and movie theaters.

            (4)   Adult Entertainment: Facilities for operations classified as sexually oriented businesses as described and regulated in title 5, chapter 5.60 of this code.

         d.   General Retail:

            (1)   Retail Sales: Establishments with consumer oriented sales, leasing, and/or rental of consumer, home and/or business goods including, but not limited to, appliances; art, art supplies; motor vehicle parts and/or tires; bicycles; clothing; convenience stores; dry goods; electronic equipment; fabric; furniture; gifts; groceries; hardware; household products; jewelry; common in residence pets and pet products; pharmaceuticals; plants and flowers; printed materials; stationery; and videos. Excludes those items sold primarily outdoors (see subsection B3d(4), “Outdoor Sales”, of this section).

            (2)   Consumer Services: Establishments which provide consumer services such as banks and credit unions; personal care services such as, but not limited to, hair, tanning, or massage; commercial (not in home) daycare operations; common in residence maintained household pet (see section 6.04.200 of this code) grooming; laundromats and dry cleaners; copy centers; photo processing; photographic and art studios; dance, art or music classes; martial arts, and other trade/vocational schools.

            (3)   Repair Services: Establishments which engage in the repair of consumer and/or business goods including, but not limited to, home electronics; bicycles; clocks and watches; jewelry; guns; small appliances, office equipment, and tools; tailors and seamstresses; shoe repair; locksmith; recycling dropoff containers; furniture refinishing; and upholsterer.

            (4)   Outdoor Sales: Establishments which engage in sales requiring outdoor display and/or storage including lumberyards; nurseries and greenhouses; industrial equipment and supplies; manufactured and mobile home sales; and agricultural supplies, including equipment, feed, seed, and fertilizer. Excludes sidewalk sales or farmers’ market activities.

            (5)   Animal Related Services: Nonlivestock animal breeding and boarding facilities. Excludes pet sales/supplies (see subsection B3d(1), “Retail Sales”, of this section); animal grooming (see subsection B3d(2), “Consumer Services”, of this section); and veterinary clinics (see subsection B3g, “Office”, of this section).

         e.   Motor Vehicle Related:

            (1)   Motor Vehicle Sales/Rental: Includes cars, trucks not to exceed two and one-half (2.5) tons, motorcycles, boats, and recreational vehicle sales, leasing, and/or rental.

            (2)   Motor Vehicle Servicing/Repair: Vehicle servicing and repair establishments including quick and general vehicle service, car washes, and body shops not accessory to vehicle sales and not a component of another retail entity.

            (3)   Vehicle Fuel Sales: Establishments engaging in the sale of gasoline, diesel fuel, and oil products for cars, trucks, recreational vehicles, and boats.

         f.   Nonaccessory Parking: Any private or public parking, either paid or free, which is not accessory to a primary use; includes public and private parking structures and lots, and transit park and ride lots. May also include fleet vehicle parking lots.

         g.   Office: Government, business, and professional offices. Examples include, but are not limited to, local, regional, state, and federal offices and agencies; medical, dental and veterinary clinics, offices, and laboratories; blood collection centers; offices for attorneys, architects, accountants, engineers, stockbrokers, real estate agents, insurance brokers and other consultants; headquarters offices; sales offices; and radio and television studios. Also includes painting, landscaping, tree service, building, and janitorial contractors where limited indoor storage of materials and equipment is accessory to the office use. If this indoor storage exceeds fifty percent (50%) of occupied space, such uses are classified as industrial services (see subsection B4a of this section). No outdoor storage is permitted. Offices that are part of and are located within a firm in another use category are considered accessory to the firm’s primary activity.

         h.   Self-Service Storage: Commercial operations that provide rental of storage space to the public. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Does not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored (see subsection B4e, “Warehouse/Freight Movement”, of this section).

         i.   Postal Service: Refers to postal services and processing as traditionally operated by, but not limited to, the U.S. postal service. Postal facilities include customer sales, mail sorting, and fleet truck storage.

      4.   Industrial Use Types:

         a.   Industrial Services And Sales: Includes the sales, leasing, and/or rental, and repair and servicing of motor vehicles and heavy equipment commonly used in commercial, industrial, or construction enterprises, such as, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts, having a gross weight over two and one-half (2.5) tons, and industrial and business machinery, equipment and/or products. Examples include, but are not limited to, welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck body work, salvage, and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry, dry cleaning and carpet cleaning plants; and photofinishing laboratories.

         b.   Manufacturing And Production:

            (1)   Light industrial: Includes production, processing, assembling, packaging or treatment of finished products from previously prepared materials or components, and manufacturing, processing, and assembling of semifinished or finished products from raw materials. All activities and storage are contained within buildings, with only limited outside storage of raw materials. Examples include, but are not limited to, the manufacturing and assembly of small scale machinery, appliances, computers and other electronic equipment; pharmaceuticals; scientific and musical instruments; artwork, toys and other precision goods; sign making; catering facilities; food processing; breweries, distilleries, and wineries; production of apparel or textiles; and woodworking, including cabinetmakers.

            (2)   Heavy industrial: Manufacturing, processing and assembling of semifinished or finished products from raw materials. A substantial proportion of activities and storage may be undertaken outdoors with resulting noise, glare, vibration, and other potentially adverse impacts. Examples include, but are not limited to, production or processing of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products; manufacturing and production of large scale machinery; energy production facilities; concrete batching and asphalt mixing; production of metals or metal products including enameling and galvanizing; production of cars, trucks, recreational vehicles, or mobile homes; feed manufacturing; and wood processing.

         c.   Railroad Yards: A terminus of several railroad lines where the loading, unloading, transshipment, repair, maintenance, and switching of railcars is undertaken.

         d.   Research And Development: Facility featuring a mix of uses including office, research laboratories and/or prototype manufacturing.

         e.   Warehouse/Freight Movement: Uses involving the storage and movement of large quantities of materials or products indoors and/or outdoors; associated with semitruck and rail traffic. Examples include, but are not limited to, freestanding warehouses associated with retail furniture or appliance outlets; household and general freight storage; cold storage plants/frozen food lockers; grain storage; weapon and ammunition storage; major wholesale distribution centers; truck, marine and air freight terminals; bus terminals; grain terminals; and stockpiling of sand, gravel, bark dust, or other aggregate and landscaping materials.

         f.   Waste Related: Uses involving receiving solid or liquid wastes from others for disposal on the site or transfer to another location, uses which collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Examples include, but are not limited to, auto salvage yards, junkyards, recycling/garbage transfer stations; landfills; composting, energy recovery, and sewage treatment plants.

         g.   Wholesale Sales: Uses involving sales, leasing and/or rental of equipment or products primarily intended for industrial, institutional or commercial businesses. Businesses may or may not be open to the general public, but sales to the general public are limited. Examples include, but are not limited to, the sale or rental of machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.

      5.   Other Use Types:

         a.   Accessory Structures: A building/structure detached from and located on the same lot or parcel as the principal building/structure, and normally incidental and subordinate to the principal building/structure or use.

         b.   Cemeteries: Facilities for storing human remains. Accessory uses may include chapels, mortuaries, offices, maintenance facilities, and parking.

         c.   Detention Facilities: Uses which are devoted to the housing, training, and supervision of those under judicial detention. Examples include, but are not limited to, prisons, jails, probation centers, juvenile detention homes, and related postincarceration and halfway houses.

         d.   Heliports: Public or private facilities designed for the landing, departure, storage and fueling of helicopters.

         e.   Mining: Uses that mine or extract mineral or aggregate resources from the ground for off site use. Accessory uses may include storage, sorting, and transfer facilities.

         f.   Wind Energy Conversion Systems: Systems including the base, tower, rotor blades, inverters, conductors, etc., as necessary to convert the power of the wind into mechanical or electrical energy.

         g.   Wireless Communication Facilities: Includes publicly and privately owned towers and related transmitting equipment for television, radio, cellular and two-way radio, microwave transmission, and related ancillary equipment buildings. Does not include radio/television transmission facilities that are part of the public safety network (see subsection B2a, “Basic Utilities”, of this section). Does not include amateur (ham) radio antennas or towers. See title 15, chapter 15.42, “Wireless Telecommunications Towers And Facilities”, of this code for special standards.

   C.   Unlisted Use; Authorization Of Similar Use:

      1.   Purpose: It is not possible to contemplate all of the various uses that will be compatible within a zoning district; therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with or similar to the listed uses.

      2.   Process: The director shall render an interpretation, as governed by section 17.02.180 of this title.

      3.   Approval Standards: Approval or denial of an unlisted use application by the director shall be based on findings of whether:

         a.   The use is consistent with the intent and purpose of the applicable zoning district;

         b.   The use is similar to and of the same general type as the uses listed in the zoning district;

         c.   The use has similar impacts as the uses listed in the zoning district; and

         d.   The use has similar impacts on the community facilities as the uses listed in the zoning district. Community facilities include, but are not limited to, streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems.

      4.   Other Provisions: The director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zoning district as either a permitted use or a conditionally permitted use.

(Ord. 3155, 2025: Ord. 3132, 2023: Ord. 3115, 2023: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Nonconforming Situations: The purpose of this section is to bring nonconforming situations into conformance with this code and the comprehensive plan, allowing them to continue only subject to the standards and requirements of this chapter. Except as otherwise provided in this chapter, any lot, land use, or structure lawfully existing on the effective date of this chapter or subsequent amendments thereto that does not comply with the standards of this chapter shall be known as a legal nonconforming situation. Change of ownership, tenancy, or management personnel in a nonconforming situation shall not affect its legal nonconforming status. The applicant, not the City of Pocatello, has the burden of proving that any nonconforming situation was legally established by an approved permit or other form of verification as determined by the Planning Director. All lots, land uses, or structures developed in their current configuration for twenty-five (25) years or more shall be grandfathered as a legal nonconforming situation, if said situation does not conform to current zoning standards.

    D.   Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this title should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this title, which shall remain in full force and effect; and to this end the provisions of this title are hereby declared to be severable.

(Ord. 3155, 2025: Ord. 3132, 2023: Ord. 2846 § 1, 2008)