The purpose of the RPO is to implement goals and objectives contained in the comprehensive plan related to protection of the area's important environmental resources, such as significant natural and archaeological features, water resources, and wildlife habitat protection areas, while still allowing property development in a manner consistent with its zoning designation and in a manner that offers the best protection possible to the designated resources. This overlay establishes procedures to enable the applicant and city to achieve the mutually compatible objectives of reasonable use of land and protection of vital resources.

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

The provisions of this overlay shall apply to all development that may physically alter lands located within the resource protection overlay as designated on the Sensitive Lands Map and other applicable maps of the Comprehensive Plan. All development plans shall be designed to reduce potential disturbance to any protected resources, through the use of buffers, conservation easements, and creative land development techniques. The overlay specifically applies to designated natural and archaeological features; wildlife habitat protection areas; streams and other open waters, including the Portneuf River; wetlands; and riparian areas. In the event of overlapping standards, the most restrictive shall apply. Where interpretation is needed as to the exact location of the overlay or where there appears to be a conflict between the mapped boundary and actual field conditions, an interpretation may be requested according to the terms of section 17.02.180 of this title.

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

Because of the importance of land located in the RPO, in the event of application for annexation, the city may request the opportunity to obtain a conservation easement for the purposes stated in section 17.04.110 of this chapter, as deemed appropriate by the Pocatello city council. (Ord. 2846 § 1, 2008)

All development affecting lands within the RPO shall be reviewed in accordance with the site plan procedures set forth in section 17.02.500, "Site Plan Review Committee", of this title. A preapplication meeting is required for all land development applications with an RPO designation. The meeting shall be used to determine the applicability of the provisions of this chapter; determine the need for specific studies as set out in this chapter; and identify the review process. No activity shall be undertaken until all appropriate permits have been obtained. Approval for subdivisions and/or other land development activities shall not be granted unless the applicant has complied with the requirements set forth in this chapter.

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

   A.   Purpose: Standards relating to protection of the area's water resources are designed to help resolve conflicts between development and conservation of significant city wetlands, streams, and riparian corridors. The intent of this section is to allow reasonable economic use of property while establishing clear and objective standards to:

      1.   Protect significant wetlands and streams;

      2.   Manage development in designated riparian corridors;

      3.   Maintain and enhance water quality;

      4.   Preserve native plant cover;

      5.   Encourage stream bank protection from erosion;

      6.   Maintain and enhance fish and wildlife habitats; and

      7.   Conserve scenic, recreational, and educational values of water resource areas identified in this chapter.

   B.   General Provisions: All applications for development that may impact designated water resources shall be subject to review by the site plan review committee. A permit shall be required for all structures and all development, including grading, excavation, fill, and other activities; except that no city permit shall be required for allowed vegetation management (state or federal permits may still be required). The appropriate permit shall be obtained before construction or development begins in an area or on a parcel affecting delineated water resources within the RPO. An application shall not be deemed complete until the applicant has addressed all applicable development standards. For construction or development in significant riparian corridors, the permit application shall include an erosion control plan that identifies the specific measures to be implemented before, during, and after construction to protect the riparian area and adjacent upland areas from erosion, siltation, and the effects of deleterious construction materials.

   C.   Applicability: The provisions of this section shall apply to all development that may physically alter lands identified as protected water resources, including open water, significant wetlands, and riparian corridors, as designated on the official city of Pocatello zoning map, comprehensive plan natural features overlay map, national wetland inventory (NWI) maps, and/or other maps as referenced and incorporated or as amended. Riparian corridors within the city include, but are not limited to, the Portneuf River and its tributaries.

   D.   Setback Requirements:

      1.   Significant Wetlands: A minimum fifty foot (50') setback shall be maintained from the edge of all wetlands identified on either city of Pocatello zoning or comprehensive plan maps and/or NWI maps. Site specific delineations may be necessary to determine the exact location of the boundary of the significant wetland. Qualified individuals using a method acceptable to the U.S. army corps of engineers (COE) shall perform site specific delineations. Where a wetland delineation is prepared, the mapping it contains shall replace that of the NWI for the purposes of this section.

      2.   Significant Riparian Corridors: A minimum fifty foot (50') setback shall be maintained from the edge of all riparian corridors identified on city of Pocatello zoning or comprehensive plan maps, except for channelized portions of the Portneuf River (see subsection 17.04.160E of this chapter). A significant riparian corridor shall consist of the water area and banks of the riparian area. Where a significant riparian corridor includes all or portions of a significant wetland, the width shall be measured from the farthermost edge of the wetland and/or riparian area.

   E.   Restricted Uses And Activities: The following uses and activities shall be restricted in significant wetlands, significant aquifer areas, associated buffers and significant riparian corridors, and shall not be undertaken without the appropriate review and approval per city, state, and/or federal regulations.

      1.   Excavation solely for the purpose of removal of gravel, aggregate, sand, minerals, or other inorganic or organic materials shall not be permitted;

      2.   Removal of native plant species without approved replacement or mitigation;

      3.   Placement of new structures or impervious surfaces not associated with permitted development;

      4.   Grading and placement of fill not associated with permitted development;

      5.   Application or use of pesticides, herbicides, soil amendments, or fertilizers;

      6.   The placement of garbage, lawn or yard debris, or other unauthorized materials; and

      7.   Storage of materials detrimental to water quality including, but not limited to, caustic substances, acidic substances, petroleum products, herbicides, pesticides, etc., in quantities greater than fifty (50) gallons, unless a containment plan has been submitted to and approved by the designated city official.

   F.   Development Standards:

      1.   General: In addition to the standards of the underlying zoning district, the following standards shall apply to all uses and activities potentially affecting designated water resources. If a conflict occurs between these standards and the underlying zoning district or other terms of this chapter or this code, the more restrictive standards shall apply. Development may also be subject to specific standards in subsequent sections of this chapter.

      2.   Standards:

         a.   Within fifty feet (50') of any protected water resource, excavation and vegetation removal shall be prohibited on slopes of twenty five percent (25%) or greater, except where necessary to construct public facilities or to improve slope stability;

         b.   Cuts and/or fills, when permitted, shall be subject to the following standards:

            (1)   All fill material shall be clean and free of contaminants, such as any inorganic matter (concrete slabs, rebar, etc.) and significant organic matter (tree limbs, refuse, waste debris, etc.);

            (2)   Cuts and/or fills shall be designed in a manner that does not increase the potential for flooding on adjacent or nearby flood prone lands, and avoids restricting the flow of water to or through other land and protected resources; and

            (3)   Cut and/or fill slopes shall be revegetated within the immediate growing season with native plant species or approved alternatives according to a city approved revegetation plan to stabilize the slopes.

   G.   Vegetation Management Standards: Planting of new vegetation within a significant wetland, associated buffers, or riparian corridor shall be permitted in accordance with current city standards or as approved by city staff for the following:

      1.   The planting is part of an approved restoration, enhancement, mitigation, or erosion control plan; or

      2.   The planting is part of a landscape plan using appropriate native species or approved alternatives, and the plan is approved by the city in conjunction with approval of a building permit; or

      3.   The planting is part of an approved plan to replace dead or damaged plants that were either part of a maintained landscape or part of the existing native plant community. (Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of the Portneuf River development standards is to encourage protection, maintenance, and restoration of the natural resources, recreational opportunities, and scenic beauty of the Portneuf River and its surroundings, and to improve access to the Portneuf River by establishing standards for land use and development along the river.

   B.   Applicability: The provisions of this section shall apply to properties abutting the channelized Portneuf River as mapped within city limits. In nonchannelized areas, the provisions of this section shall apply to properties located within one hundred twenty five feet (125') from the ordinary high water mark of the Portneuf River and within seventy five feet (75') of the ordinary high water mark of the Portneuf's tributaries. City development engineering services staff shall determine the location of the high water mark; however, the applicant may challenge staff's determination of the high water mark if they are able to provide an alternative determination made by a professionally qualified individual.

   C.   Application Procedures:

      1.   General: All applications for development along the Portneuf River area shall be subject to review by the site plan review committee.

      2.   Submittal Requirements: In addition to the submittal requirements for the proposed use as established elsewhere in this title and this code, the applicant shall supply the following information:

         a.   A plan showing:

            (1)   The area of the proposed activity or use;

            (2)   The proximity of the use or activity to the Portneuf River and the river floodplain;

            (3)   The location and description of existing soil types and vegetation;

            (4)   The location of existing riparian area along the riverbank or other vegetation in nonchannelized areas; and

            (5)   Location of stream bank in nonchannelized areas.

         b.   Explanations, drawings, or photo simulations of the proposed building elevations as viewed from and/or across the river.

         c.   Any additional information deemed necessary by the site plan review committee.

   D.   Review Criteria: Submitted plans shall address the following criteria:

      1.   Public access to and along the river.

      2.   Protection of fish and wildlife habitats.

      3.   Protection of natural and scenic areas, viewpoints, and vistas.

      4.   Protection of the quality of air and water resources in the area.

      5.   Protection of floodways, floodplains, and wetlands in their natural state to maintain their natural, physical, and biological functions.

      6.   Protection of the natural vegetation along the river and enhancement and maintenance of riparian and scenic areas, and protect wildlife and riverbank erosion.

      7.   Compatibility of any public recreational use or facility with established uses on adjoining property.

      8.   Compatibility of any new or modified development with existing uses on the site and in the surrounding area.

   E.   Development Standards: In addition to the standards of the underlying zoning district, the following standards shall apply to all uses and activities along the Portneuf River and its tributaries. If a conflict occurs between these standards and the underlying zoning district or other terms of this chapter or this code, the more restrictive standards shall apply. Proposed development along the Portneuf River and its tributaries shall comply with the following standards:

      1.   Site Modifications: Any disturbance of the existing topography must also be reviewed and approved by appropriate federal or state or city agencies.

      2.   Riparian Vegetation: Riparian vegetation shall be protected according to the provisions outlined below or as outlined in the water resource standards, section 17.04.150 of this chapter. If there is a conflict between the two, the more restrictive shall apply.

         a.   Riparian vegetation shall be preserved, where possible. If removed during development it shall be replaced according to a city approved replanting plan with native riparian or other approved species.

         b.   Trees of eight inches (8") or greater diameter measured at a height of four and one-half feet (4.5') shall be preserved where possible. Removal may be allowed under the following conditions:

            (1)   Where necessary and as approved by the site plan review committee to accommodate a water related or water dependent use; or

            (2)   Where the tree is determined by the city's urban forester to be hazardous or a nondesirable species for a riparian area; or

            (3)   In all cases where tree removal is necessary, replacement trees of a minimum of one and one-half inches (1.5") in caliper shall be provided at the rate of one replacement tree for every four inches (4") of caliper of total trees removed. Replacement trees shall be native or adapted species and shall be approved by the city's urban forester.

         c.   Plans for removal and replacement of riparian vegetation shall be submitted to and approved by the city prior to any excavation, grading, or construction.

      3.   Landscaping: In addition to any landscaping requirements in the underlying district, the following provisions shall apply:

         a.   All setback areas along Portneuf River and its tributaries shall be landscaped except the following:

            (1)   Areas requiring stabilization methods other than landscaping.

            (2)   Areas maintained in native vegetation.

         b.   Required landscaped areas shall be covered by living plant material and shall be maintained by the property owner.

      4.   Setbacks: Setbacks from structures and/or parking lots shall be fifty feet (50') from the ordinary high water mark in nonchannelized areas and thirty feet (30') from the outside edge of the channel wall in channelized areas, or as required by the underlying zoning district, whichever is greater. Such setback areas must be landscaped in accordance with subsection E3 of this section. The greenway trail and trail amenities may be allowed within the setback area.

      5.   Parking And Unenclosed Storage Areas: Parking lots, loading areas, and storage areas located along the Portneuf River shall be screened from the river in accordance with section 17.05.500, "Off Street Parking And Loading Standards", of this title.

      6.   Water Dependent Uses: Setback distances do not apply to water dependent uses that require a riverbank location or water related uses that require direct access to the river. (Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of the sensitive lands standards is to:

      1.   Implement the natural resources goals and policies of the comprehensive plan as they relate to those properties so designated.

      2.   Protect, maintain, and enhance wildlife habitat, significant natural and archaeological features, and other sensitive lands within the city.

      3.   Protect, restore, and enhance hydrologic, ecologic, and open space functions of sensitive lands for the benefit of the community.

      4.   Protect, restore, and enhance the natural beauty and distinctive character of sensitive lands as community assets.

      5.   Enhance the value of properties near sensitive lands by utilizing these areas as a natural amenity.

   B.   Applicability: The provisions of this section shall be applied to any property or parcels containing sensitive lands as identified herein and/or as depicted in the Comprehensive Plan. These provisions shall apply regardless of whether or not a building permit, development permit, land division, or other authorization is required. These provisions do not provide any exemption from any state or federal regulations that may apply. The City of Pocatello has designated the following as sensitive lands:

      1.   Wildlife habitat protection areas. Designated areas east of the Portneuf River, below elevation 4,700', may be exempted from density and clustering standards of this section.

      2.   Significant natural and archaeological features, including:

         a.   Mapped basalt cliffs;

         b.   Edson Fichter Nature Area;

         c.   Areas containing petroglyphs or other prehistoric or archaeological resources;

         d.   Idaho State University’s Red Hill;

         e.   City Creek Management Area; and

         f.   Other areas worthy of conservation because of their intrinsic natural or cultural characteristics, ecological functions, scenic qualities or distinctive character which have been designated as sensitive lands by the City through the Comprehensive Plan.

   C.   Uses And Activity Restrictions:

      1.   Permitted Uses: Permitted and conditionally permitted uses shall be as governed by the underlying zoning district, except as modified herein. Further, the following activities and maintenance thereof are permitted outright within areas designated as sensitive lands, provided applicable permits are obtained after review by the appropriate city personnel.

         a.   Habitat restoration and rehabilitation activities.

         b.   Restoration and enhancement of native vegetation.

         c.   Wetland restoration and rehabilitation activities.

         d.   Renovation or alterations to existing structures that do not involve removal of vegetation, grading, excavation, or deposition of fill.

         e.   Maintenance and repair of existing roadways provided the project does not extend outside previously disturbed areas.

         f.   Tree removal upon approval by the city urban forester. In all cases where tree removal is necessary, replacement trees of minimum one and one-half inch (1.5") caliper shall be provided at the rate of one replacement tree for every four inches (4") of caliper of the total trees removed. Replacement trees shall be native or adapted species or as approved by the city’s urban forester or designee.

      2.   Exceptions: No permit shall be required for the following activities within areas designated as sensitive lands:

         a.   Farm practices, other than initial construction or addition to existing structures, in existence at the date of adoption of these provisions.

         b.   Nonmotorized recreational uses and activities, such as hiking, climbing, bicycling, horseback riding, etc.

         c.   Emergency actions that must be undertaken immediately to protect public health, safety or to protect public or private property.

         d.   Uses or activities for which approval or a valid permit was obtained prior to the adoption of this chapter.

      3.   Prohibited Uses: The following uses and activities shall be prohibited within areas designated as sensitive lands:

         a.   Excavation solely for the purpose of removal of gravel, aggregate, sand, minerals, or other inorganic or organic materials;

         b.   Removal of native plant species without approved replacement or mitigation;

         c.   Discarding garbage, lawn or yard debris, animal carcasses, or other materials;

         d.   Any use that would result in removal or destruction of historic or prehistoric features, including petroglyphs; and

         e.   Any other use prohibited by this title or other requirements of this code.

   D.   Development Proposal Submittals: Applicants with properties within designated sensitive lands areas must include the following additional information in their submittal:

      1.   A description of how the proposal is designed to respond to site constraints identified in the information provided above and in the site analysis and any proposed mitigation.

      2.   A preliminary grading plan including a line showing limits of areas to be disturbed and the total number of acres to be disturbed.

      3.   Erosion and sediment control plan.

      4.   Vegetation protection plan, including a revegetation plan based on existing vegetation, and a slope stabilization plan, with a proposed time line for completion.

      5.   Finished grade of all proposed streets and roadways.

      6.   Location of significant natural and archaeological features described in this section, and those areas designated in the Comprehensive Plan.

      7.   Location of wildlife habitat protection areas as shown in the Comprehensive Plan as provided by the Idaho Department of Fish and Game.

      8.   Location of land where slope exceeds twenty five percent (25%) and land where slope exceeds forty five percent (45%).

      9.   South and west facing slopes.

      10.   Location of concentrated areas of native big game plant food species as defined by the Idaho Department of Fish and Game.

   E.   Development Standards: In addition to the standards of the underlying zoning district, the following standards shall apply to all uses and activities affecting designated sensitive lands areas. If a conflict occurs between these standards and the underlying zoning district or other terms of this chapter or this code, the more restrictive standards shall apply. The standards are intended to encourage development that is compatible with sensitive lands. Approval shall only be granted when the applicant satisfactorily demonstrates that the development proposal meets the following standards:

      1.   Site Plan And Building Design:

         a.   Grading plans shall address how the proposal preserves the natural topography and existing vegetation.

         b.   Development shall not be located immediately on identified significant natural features.

         c.   Site plans shall address how the proposal protects wildlife habitat by concentrating development, where possible, outside of the designated wildlife habitat protection area.

         d.   Site plans shall address how the proposal preserves the hillsides by concentrating development away from sloped areas of fifteen percent (15%) or greater, where possible.

         e.   Fencing, where utilized, shall be wildlife friendly as recommended by the Idaho Department of Fish and Game.

         f.   Feeding of big game shall be prohibited.

         g.   All garbage and pet food shall be secured.

         h.   Pets shall be restrained or confined pursuant to the provisions of title 6, chapter 6.04 of this code.

         i.   Open burning and fireworks of any kind are prohibited.

         j.   If located within a wildland-urban interface area, use of firewise building materials and landscaping principles shall be required per city fire department regulations.

         k.   Nonresidential landscaping shall include native species of the sagebrush steppe plant community, and nonvegetative ground cover shall not exceed fifty percent (50%) of the total landscape areas. Exceptions must be city approved, drought tolerant, and adapted to site conditions.

      2.   Transportation Facilities Standards: The following standards shall apply to transportation facilities and structures affecting designated sensitive lands, including roads and driveways, bridges, bridge crossing support structures, culverts, and pedestrian and bike paths:

         a.   Transportation facilities and structures shall not bisect principal wildlife habitat protection areas unless otherwise approved by the City.

         b.   Dimensional standards for sidewalks, parking, and streets and access roads crossing sensitive lands shall be no wider than minimum legal requirements according to this code to serve their intended purposes in order to minimize site disturbance.

         c.   “T” type or other turning and backing cul-de-sacs may be substituted for circular turnarounds, if approved by the city’s development engineering services and fire departments.

      3.   Utility Development Standards: The following standards shall apply to utility facilities and structures affecting designated sensitive lands:

         a.   Utility maintenance roads in or crossing sensitive lands shall not be wider than is necessary to provide adequate service and access to the subject utilities as determined by the utility provider and approved by city development engineering services staff; and

         b.   For underground utilities, the following additional standards shall apply:

            (1)   Topsoil and sod shall be stockpiled during trench construction or maintenance, and shall be replaced on top of the trench after construction is complete;

            (2)   Common trenches, to the extent allowed by the building code, shall be used in order to minimize disturbance of sensitive lands;

            (3)   Materials removed or excavated during trenching, boring, or drilling shall be deposited away from the sensitive lands, unless they are to be returned to the trench as backfill or incorporated into the project. Excessive materials shall be immediately removed from sensitive lands unless approved for reuse within the project according to approved plans; and

            (4)   The ground elevation of sensitive lands shall not be altered as a result of utility trench construction outside of right of way. The finished elevation shall match adjacent lands.

      4.   Density Limitations: Any portion of a project site that lies within designated wildlife habitat protection area shall be limited to one-half (1/2) the density that the underlying zoning designation would allow, except as described in subsections E5, E6, and E7 of this section.

      5.   Density Transfer: The density remaining after the deduction is taken for lands in the wildlife habitat protection area may be clustered on a portion of the site if the project retains open space that is accepted by and dedicated to a public agency, or in certain circumstances a homeowners’ association.

      6.   Density Bonuses: If a project retains open space in the manner and for the purposes described in subsection E5 of this section, a density bonus of five percent (5%) shall be awarded for every ten percent (10%) of the property which is dedicated for the purposes described in subsection 17.05.140B5 of this title (i.e., if maximum density is 100 dwelling units, applicant may build 105 units if 10 percent of the property is dedicated to an entity as described in subsection E5 of this section; applicant may build 110 dwelling units if 20 percent of the property is dedicated).

      7.   Clustering: Minimum lot sizes may be waived by up to fifty percent (50%) and building sites may be clustered if thirty percent (30%) or more of the site is maintained as open space in the manner and for the purposes described in subsection E6 of this section. If the development contains individual lots, all required setbacks must be maintained. (Ord. 3164 § 1, 2025: Ord. 3155, 2025: Ord. 3075, 2021: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

Variances from the standards of this chapter shall be sought through the variance process outlined in section 17.02.160 of this title. (Ord. 3044, 2020: Ord. 2846 § 1, 2008)

   A.   General: Maps depicting resources within resource protection overlay (RPO) boundaries shall be maintained and updated as necessary by the city. When a protected area not found on current city or other appropriate maps is identified, it shall become subject to the requirements of this chapter only after an inventory and analysis of the area has been completed and amendment to the comprehensive plan and/or maps accomplished through the process outlined in section 17.02.120 of this title.

   B.   Removal Of Applicability: Prior to development, an applicant may request that property be exempted from some or all of the RPO standards by demonstrating that the protected resource site(s) no longer meets the resource area definitions contained in this section and no longer meets criteria as a significant resource site. Such application shall be considered through the comprehensive plan amendment process (see section 17.02.120, "Comprehensive Plan Amendments", of this title). In considering this claim, the city council shall determine that the decline in identified resource value did not result from a violation of this chapter or any other provision of this code. (Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of this chapter is to promote the preservation and protection of buildings, sites, monuments, structures, and areas of historic importance or interest within the city, by preserving and regulating historic landmarks, properties and districts which reflect elements of its cultural, social, economic, political, archaeological and architectural history; to preserve and enhance the quality of neighborhoods; to foster economic development.

   B.   Applicability: This overlay district shall apply to all locally designated historic districts and locally designated individual properties or landmarks. Where the provisions of the HPO and OTO overlap, only the standards of the HPO shall apply.

   C.   Local District And Individual Property/Landmark Designation Generally: The city may establish by ordinance one or more local historic districts and/or individual property/landmark designations within the area of its jurisdiction using the criteria and procedures set forth in this chapter.

   D.   District And Individual Property/Landmark Designation Procedures:

      1.   Designation of an area as a local historic district may be requested by the council or the historic preservation commission, or, upon payment of the appropriate fees, by a majority of owners of the property located within the area of the proposed district. Owners of property on the National Register of Historic Places may also petition for local designation as a historic property/landmark under this chapter. Upon receipt of such a request, if survey and nomination reports are not available, the historic preservation commission shall make an investigation of the historic, architectural, archaeological, and cultural significance of the buildings, structures, features, sites, or surroundings proposed for designation, based on the criteria set forth in this chapter. Upon completion of this investigation, the historic preservation commission shall prepare a report containing its findings and recommendations concerning the area proposed for designation.

      2.   Copies of the report shall be transmitted to the city council and to the applicant(s), if any. A hearing shall be scheduled before the city council within forty five (45) days of the date of submission of the report. Notice of the time, place, and purpose of such hearing shall be given at least fifteen (15) days prior to such hearing by one publication in a newspaper of general circulation in the city and by a written notice of such hearing by first class mail to the owners of all properties proposed for designation.

      3.   Council action may take any of the following forms:

         a.   Approval of the designation as presented;

         b.   Rejection of the designation;

         c.   Approval of the designation, with modifications.

Regardless of which of the aforementioned options is chosen, the council shall prepare formal findings of fact and conclusions setting forth their decision and the reasons therefor.

      4.   The planning and development services department shall notify all property owners affected, in writing, by first class mail, of the council's decision. Notification shall be made within thirty (30) days from the date of the council meeting at which the decision was made.

      5.   Upon passage of the ordinance, a copy of the ordinance shall be recorded in the office of the county recorder for each property within the boundaries of the designated district, and notice of such designation shall be given to the tax assessor of the county.

      6.   The planning and development services department shall submit a copy of the ordinance and a list of addresses affected by the designation to the building department and shall also maintain a register of such properties, landmarks, and districts.

   E.   Selection Criteria For Locally Designating Districts And Individual Property/Landmarks: Any site, building, group of buildings, structure or object may be recommended by the historic preservation commission for preservation as a local historic property, landmark or district if it:

      1.   Has significant character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation;

      2.   Is associated with the life of a person significant in the past;

      3.   Is the site of a historic event with a significant effect upon society;

      4.   Exhibits the characteristic architectural style of a recognized historical era;

      5.   Is the work of an architect, designer, craftsman, or builder whose individual work has significantly influenced the development of the city, state or nation;

      6.   Contains elements of engineering design, detail, materials, or craftsmanship, which represent a significant innovation;

      7.   Owing to its unique location, landscape, or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community, or city, such as "Red Hill" on the Idaho State University campus;

      8.   Has yielded, or may be likely to yield information important in prehistory or history.

   F.   Amendment Or Rescission Of Designation:

      1.   If any building, structure, site, object, area of historical importance, or district which has been designated as a historic property, landmark, or district has ceased to comply with the necessary criteria or no longer exhibits the characteristics which qualified it for designation, consideration of amendment or rescission may be requested by an individual property owner or a majority of property owners within a district, the historic preservation commission, or the city council. The historic preservation commission may recommend that such property or properties be excluded from the boundary of the district, or if the district as a whole no longer meets such criteria, the historic preservation commission may recommend rescission of the historic designation.

      2.   The procedure with respect to rescission or amendment of historic designation shall be the same as that required for the original designation.

      3.   The historic preservation commission may, at its own expense, secure its own professional evaluation. The owner shall provide access for such an evaluation during normal business hours or at such time as is mutually agreeable, or the request may be denied.

   G.   Certificate Of Appropriateness; Required:

      1.   In order to preserve the integrity of historic buildings and structures within a designated historic district, and to ensure that any new buildings, signs, or structures constructed within a designated historic district shall be compatible within such district, no exterior portion or feature of any building structure or sign within the district shall be demolished or altered, no new construction shall be undertaken, and no outdoor sign shall be erected following the designation of a historic property, until after an application for a certificate of appropriateness has been submitted to and approved by the Historic Preservation Commission or the Planning Director, or their designee, as set forth in Table 17.04.210 of this chapter.

 

   J.   Repairs: Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of a historic building, or structure, or sign within a historic district that does not involve a change or alteration in design or material. Minimal repairs to masonry, including cleaning and repointing, are permitted without review only if historically appropriate techniques are employed (i.e., no sandblasting, sealants, or Portland cement).

   K.   Property Maintenance:

      1.   The neglect of any locally designated historic property or any property within a locally established historic district is expressly prohibited. The owner of a designated historic property, structure, or sign shall not permit it to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce a detrimental effect upon the character of the district as a whole, or upon the life and character of a building, structure, or sign.

      2.   The Historic Preservation Commission shall cooperate with city staff responsible for property maintenance enforcement to ensure the preservation of designated historic properties. City staff may provide an annual report to the Historic Preservation Commission regarding the compliance of historic buildings or structures with the provisions of this chapter.

   L.   Building And Health Codes Exemption:

      1.   In order to promote the preservation and restoration of historic properties within the city, a historic property, or structure within a historic district may be exempted from the application of such standards contained in the city health or building codes if, upon recommendation from the Historic Preservation Commission, it shall be determined such application would otherwise prevent or seriously hinder the preservation or restoration of said historic property or structure; provided, that the restored building or structure will be no more hazardous, based on life safety, fire safety, and sanitation standards, than the existing building.

      2.   A historic building or structure shall comply with the provisions regarding historic buildings of the adopted edition of the International Existing Building Code (IEBC) relating to their repair, alteration, relocation and change of occupancy. (Ord. 3132, 2023: Ord. 3115 § 4, 2023: Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of the original townsite overlay (OTO) is to fulfill the following objectives:

      1.   Encourage development to be compatible with existing development patterns to take advantage of existing infrastructure and services such as, but not limited to, streets, water, sewer, and solid waste disposal;

      2.   Encourage infill development to use land efficiently and reduce sprawl;

   B.   Application: The provisions of the OTO overlay shall apply to all areas designated as such on the adopted zoning map which are part of the original Pocatello townsite. The provisions of the OTO are to be applied in conjunction with the provisions of the underlying zoning district. Where the provisions of the OTO and the underlying zoning district conflict, the requirements of the OTO shall apply.

   C.   Permitted Uses: Permitted, restricted, conditionally permitted, and nonpermitted land uses shall be as listed in the underlying zoning district.

   D.   Development Standards:

      1.   Lot Requirements: Lot requirements, including minimum lot size, density standards, lot width, and lot coverage shall be as listed in the underlying zoning district. Existing, legally created lots are exempted from this standard.

      2.   Setback Requirements: Setbacks shall be as follows.

 

 

      3.   Building Height: The maximum height of the principal building shall not exceed the maximum height permitted in the underlying zoning.

      4.   Parking: When alley access is available, off street parking spaces shall be accessed from the adjacent alley. On street parking spaces aligning with the property street frontage may be counted toward up to fifty percent (50%) of the required off street parking requirements. Off street parking and loading shall be provided in accordance with section 17.05.500 of this title, with the following exceptions and additions:

         a.   Reduction: Off street parking requirements may be reduced by up to thirty percent (30%) for all development, except for single family and two-family dwelling units unless parking is determined adequate by the Planning Director or their designee, with a building footprint of less than five thousand (5,000) square feet, or a maximum of six (6) on street parking spaces abutting the development may be counted toward required off street parking requirements.

         b.   Waiver: Off street loading requirements shall be waived for developments with a building footprint of less than ten thousand (10,000) square feet, except for motor vehicle sales.

         c.   Rounding Down: If any use requires one-half (½) or more of a parking space, the parking requirement shall be rounded down to the lesser number of spaces.

         d.   Location of Parking Facilities: Parking areas, traffic circulation, and drive-thrus shall not be located between the front building facade and the front lot line. Required parking spaces may be located on another parcel not farther than four hundred feet (400') from the building or use they are intended to serve, measured in a straight line in any direction from the building.

         e.   Development shall have a minimum parking lot setback of five feet (5') on the side yard and rear yard setbacks.

      5.   Landscaping: Landscaping shall be provided in accordance with the following standards:

         a.   Except where crossed by driveways and pathways, all residential front yards and areas visible from the public streets shall be landscaped. Nonvegetative ground cover shall not exceed fifty percent (50%) of the total landscape areas.

         c.   Gravel or unimproved driveways or parking areas shall not be permitted.

         d.   Planting strips are required and shall be landscaped, including one shade tree that is one and one-half inch (1-1/2") caliper in size or larger for every thirty feet (30') of property frontage. The required width of the planter strip shall be determined by the Director or their designee and Public Works Engineering staff. Tree species and varieties, in accordance with the planter strip width requirements, shall be chosen from the list of city approved street trees.

      6.   Street Orientation: The principal entrance of the building shall face the public street on which the building is addressed. For commercial development when located adjacent to multiple public streets, the principal entrance shall orient towards the nearest adjacent public street. A pedestrian walkway shall connect the public sidewalk to the principal entrance. No street facade shall contain blank walls wider than thirty (30) linear feet. Street facade walls wider than thirty (30) linear feet shall contain windows or entrances to break up blank wall surfaces.

      7.   Lighting: Lighting shall be no taller than fifteen feet (15') and shall be shielded and directed away from adjacent uses and/or public right of way.

   E.   Downtown Development Standards:

      1.   Application: The following standards in this subsection shall apply only to land within the Downtown Area as identified in the Pocatello Downtown Development Plan.

      2.   Lighting: Street lighting shall be provided in accordance with the Light Plan of the Pocatello Downtown Development Plan. The required lighting shall be placed in the required planter strips, unless authorized elsewhere on the project site as approved by the Planning Director or their designee.

      3.   Residential Uses:

         a.   Multi-family residential uses are permitted outright in all commercial and industrial zoning districts within the Downtown Area, provided that each building has a minimum of three (3) stories, and is developed with a flat or parapet roof. No external stairways or breezeways are permitted. Buildings shall meet Nonresidential Use setbacks as set forth in this section.

         b.   Townhome residential uses are permitted outright in all commercial and industrial zoning districts within the Downtown Area, provided that each townhome unit has a minimum of three (3) stories, and is developed with a flat or parapet roof. Buildings shall meet Nonresidential Use setbacks as set forth in this section.

(Ord. 3155, 2025: Ord. 3132, 2023: Ord. 3115 § 4, 2023: Ord. 3075, 2021: Ord. 3064, 2021; Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

Because of changing surroundings, certain established residential areas require special attention to both their existing and future land uses. These residential neighborhoods and street corridors are identified on the development overlay map of the comprehensive plan because encroachment of nonresidential uses could adversely affect established neighborhoods. Therefore, those residential areas for which a change from established land uses could prove detrimental to a particular corridor, neighborhood, or its surrounding neighborhood shall be given a residential stabilization overlay designation (RSO). The emphasis for areas designated RSO shall be maintenance and rehabilitation of existing structures in a manner consistent with the existing zoning designation.

   A.   Zoning District Amendments: No zoning district change may be considered for lands designated RSO unless preceded by a request to amend the city's comprehensive plan land use map.

   B.   Conditional Use Permits: Conditional use permits for nonresidential use types can be requested only on lands vacant at the time of adoption of this code or in structures not originally constructed or used for residential purposes.

   C.   Nonresidential Uses: Nonresidential uses in residential zoning districts, including parking lots for uses permitted in residential zoning districts, shall not be permitted.

   D.   Applicability: The provisions of the RSO are to be applied in conjunction with the provisions of the underlying zoning district and any other applicable overlay areas. Where the provisions of the RSO and other standards conflict, the requirements of the RSO shall apply. (Ord. 3044, 2020: Ord. 2846 § 1, 2008)