The purpose of this chapter is to designate permitted land Uses for the various zoning districts. A land Use that will operate for less than thirty (30) days in one calendar year is considered a temporary use, and is subject to the requirements governing temporary Uses. Unless an administrative Permit has been approved to establish a temporary use, any other establishment of a permitted land Use will be required to comply with all applicable provisions of this title.

(Ord. 1061 § 2, 2005)

The land Use table in this chapter indicates whether a specific Use is permitted or permitted by a special Use within a zone classification.

The land Use table addressing Uses along with building bulk and placement standards are made part of this title and shall be interpreted consistent with the principles and rules set forth as follows:

A.

Uses not permitted are prohibited as denoted in the following land Use table.

B.

If the proposed Use is not listed within the following land Use table, the Zoning Administrator will make the determination by the most appropriate and closely related category.

C.

If the letter "P," for "permitted," appears in the matrix, the Use is allowed in that classification, subject to the development and operational requirements of this title and other applicable titles.

D.

If the letter "S," for "special use," appears in the matrix, the Use is allowed subject to Special Use Permit procedures and requirements and other development and operational requirements of this title and other applicable titles. The burden of demonstrating that a Special Use Permit request is appropriate rests with the Applicant.

E.

Certain properties on the north side of Mullan Avenue are designated for residential Use on the city's Comprehensive Plan, future land Use map, and are also identified as suitable for commercial and mixed use. Commercial and mixed land Uses proposed on residentially zoned properties shall be considered through the Special Use Permit process, just as residential land Uses are permitted through a Special Use Permit in commercial zones.

F.

Boats, trailers, RVs and other such spaces are not considered permanent places of habitation within the city. Residing in such, other than RVs or camper trailers in lawfully established RV parks, is not permitted within city limits.

(Ord. 1237, 2012)

P = Permitted use

S = Special use

- = Nonpermitted use

(Ord. 1453 § 2, 2022)

Notes:

1.

Definitions. See §§ 18.12.010, Definitions and 18.16.010, Establishment of zoning districts.

2.

The Front Yard and Side Yard setback for to the front of garages is a minimum of twenty (20) feet measured from the front of the garage to the property line or the edge of the sidewalk nearest the Structure if the sidewalk has been constructed outside of the Right-of-Way (in an easement), whichever is closer to the garage.

3.

Twin Home or Townhome projects shall provide a minimum of a five-foot interior Side Yard setback or utilize a common wall with a Zero Lot Line.

4.

R2 (SF) - Vehicular access to Lots of forty-five (45) feet or less must be alley/Rear Loaded.

5.

Height limitations do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above roof level and not intended for human occupancy; however, thirty-five (35) feet in residential zones (except in R3 [Other MF]), forty-five (45) feet in R3 (Other MF) and in commercial zones, and fifty (50) feet in industrial zones is the maximum height allowed without a Special Use Permit; city utility and public service Structures are exempt from height restrictions.

6.

Current RMHP dimensions are for existing established residential Mobile Home Parks, not for new or proposed parks.

7.

Structures cannot be placed in public easements.

8.

Heavy Industrial (HI) setbacks are for existing zones and Uses only, not for new or proposed industrial Uses.

9.

Setbacks shall be measured from a property line to the foundation, face of a covered porch or stairway, or other weight bearing portion of the Structure, whichever is closest to the property line.

10.

Compliance with zoning setbacks and Lot Coverage shall not be required for fences, walls, signs, or Accessory Structures not requiring a building Permit.

11.

The Lot Width for a respective zone is the measurement considered for the front Building Line, including Flag Lots.

12.

Residential Structures may extend an additional five (5) feet beyond the minimum fifteen-foot Front Yard setback for those improvements, such as an open porch, canopies, balconies, platforms, covered patios, and similar architectural projections attached to a Structure, that do not restrict visibility between pedestrians along the adjacent sidewalk and vehicles accessing or leaving a residence.

13.

Open Structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections attached to a Structure shall not project into the required minimum side or Rear Yard setbacks. Roof overhangs may extend into the minimum Side or Rear Yard setback, such as the conditions set forth within the International Building Code are met.

(Ord. 1477 § 2, 2023: Ord. 1433 § 5, 2021)

The zoning procedures contained in this chapter are established to create a framework for land Use decisions that comply with the requirements of Local Land Use Planning Act and other legal requirements. Land Use decisions are divided into quasi-judicial, administrative and legislative decisions. These procedures also allow for mediation, appeals and other processes relating to the review and approval of land Use matters.

(Ord. 1330, 2018)

A.

General. The city follows quasi-judicial procedures when making Site specific decisions that involve the legal rights of specific parties. The fundamental purpose of a quasi-judicial hearing is to provide the affected parties due process, including notice and the opportunity to testify at a public hearing. In these cases, the planning and zoning Commission and/or city Council acts like a judge and are subject to stricter procedural requirements than those in legislative or administrative hearings. Planning and zoning Commission and city Council members cannot speak with members of the public, including the Applicant, about a pending quasi-judicial matter outside of the public hearing. Planning and zoning Commission and city Council members can only consider information provided in the public hearing process and can only base their decision on the adopted approval criteria contained in the city's subdivision and zoning regulations. Application forms for quasi-judicial actions must contain information required by this title and additional information relevant to the specific Permits requested. A hearing before the planning and zoning Commission will be scheduled as its schedule and agenda allow.

Site-specific zone changes, subdivisions, Variances, Planned Unit Developments and Special Use Permits must follow the quasi-judicial procedures established by this section.

B.

Public Hearing Notice. Prior to any required public hearing, notice shall be provided as required by the Local Land Use Planning Act. An Applicant for a quasi-judicial matter must provide the city with an ownership report, prepared by an Idaho licensed title company, of all current property owners within three hundred (300) feet and the public notification fees established by resolution of the city Council along with their application to enable the city to provide the required public notice.

C.

Alternative Public Hearing Notifications. When public hearing notification is required for two hundred (200) or more property owners or purchasers of record, the city may use the alternative notification procedures provided in the Local Land Use Planning Act to provide public notice of the pending matter. The Applicant bears the cost of alternative public hearing notice as determined by the Zoning Administrator.

D.

Public Hearing Procedures. Quasi-judicial hearings will be held before the planning and zoning Commission following the hearing procedures adopted by resolution of the city Council.

Whenever Idaho Code authorizes the use of a Hearing Examiner, the city Council may approve a resolution authorizing use of a Hearing Examiner as an alternative to the planning and zoning Commission whenever it deems such use to be appropriate.

E.

Appeals. Any affected party may appeal a quasi-judicial decision to the city Council by filing a written notice of appeal, along with the required fee, with the city Clerk no more than fourteen (14) days after the date of the written decision. The Clerk will coordinate with the city Attorney and relevant city departments to schedule a de novo hearing, following the same notice and hearing procedures, before the city Council to consider the matter as quickly as the city Council's schedule allows.

F.

Exhaustion of Procedures. The final decision of the planning and zoning Commission is not a final decision for purposes of judicial review until the city Council has issued a final decision on appeal and the party seeking judicial review has requested reconsideration of that final decision as provided by Idaho Code 67-6535(2)(b).

G.

Mediation Process. Mediation is a process available to an affected person who owns real property that might be materially affected by a quasi-judicial matter in order to promote resolution of differences concerning potentially time consuming, divisive land Use matters. The process for mediation is explained below:

1.

Application for Mediation. Mediation may be requested in writing by any Applicant, other affected person or by the city prior to approval of any quasi-judicial matter or no later than fourteen (14) days after entry of a final decision and prior to any person filing a petition for judicial review.

2.

Mediation. The parties to any quasi-judicial matter must participate in at least one mediation session if mediation is ordered by the planning and zoning Commission or the city Council. The city will select the mediator and pay the expense of the first mediation session. After completion of the initial mediation session, participation in additional mediation sessions is optional. Compensation of the mediator for additional sessions will be determined by the parties participating in the first mediation session.

a.

Any time limit concerning the pending quasi-judicial matter is tolled by receipt by the city of a request for mediation. The time limit begins counting again when:

(1)

The planning and zoning Commission or city Council reject the request to order mediation; or

(2)

Twenty-eight (28) days have elapsed from the date the request for mediation was received by the city without a mediation session being scheduled; or

(3)

The Applicant or any other affected person(s) who participated in one mediation session declines, in writing, to participate in further mediation sessions; or

b.

If mediation occurs after a final decision by the city Council and the mediation results in a recommended change to the quasi-judicial matter, a subsequent public hearing will be held before the city Council to receive public comment on the proposed change.

c.

Any records created during the mediation process will not be part of the official record regarding the quasi-judicial matter.

(Ord. 1330, 2018)

The purpose of a Special Use Permit is to establish procedures for the review and approval of Uses that are not permitted by right in a particular zoning district. A Special Use Permit is not transferable from one parcel of land to another nor shall it be considered as establishing a binding precedent to grant other Special Use Permits. Special Use Permits require a public hearing before the planning and zoning Commission following appropriate procedures.

A.

A completed Special Use Permit application shall be submitted to the Zoning Administrator which shall include a description of the Use proposed, the manner of implementation of the proposed Use including information about appearance and configuration, how it would be compatible with infrastructure and land Uses present and future, and why the proposal would be in the public interest.

B.

As its schedule and agenda allow, the planning and zoning Commission shall hold a public hearing and shall review the particular facts and circumstances of each proposed special use. In granting a Special Use Permit, the planning and zoning Commission may attach appropriate conditions to mitigate impacts, and to ensure conformance with the intent of the Comprehensive Plan and applicable provisions of this title. The application for a Special Use Permit may be approved as presented, conditionally approved, or denied by the planning and zoning Commission upon determining the following:

1.

Whether implementation of the special Use would/would not conform to the purposes of the applicable zoning district.

2.

Whether the proposed Use constitutes an allowable special Use as established by this chapter for the zoning district involved; and complies with all other applicable laws, ordinances, and regulations of the city and the state.

3.

Whether the proposed Use will/will not be compatible with the health, safety, and welfare of the public or with land Uses in the vicinity of the proposal.

4.

Whether the proposed Use will/will not comply with the goals and policies found within the Comprehensive Plan.

C.

Upon granting a Special Use Permit, the planning and zoning Commission may attach conditions including, but not limited to:

1.

Minimizing adverse impact on other development.

2.

Controlling the sequence and timing of development.

3.

Controlling the duration of development.

4.

Assuring that development is maintained properly.

5.

Controlling the location and setbacks of development.

6.

Requiring more restrictive standards than those generally required in the zoning ordinance.

D.

Upon granting or denying an application, the planning and zoning Commission shall render its decision in accordance with the requirements established by Idaho law and as otherwise required by this title. If a Special Use Permit application is denied by city Council, a subsequent application for Special Use Permit of the subject property cannot be submitted to the city within one year of such denial unless a request for application consideration is received and approved by the city Council. Such request shall be submitted to the community development department, with the appropriate fee, and shall provide the city Council with reasons why the application should be accepted and processed. The city Council will review the request, determine whether or not the proposal is significantly different than the one denied and Permit an application to be accepted and processed or deny the request.

E.

Appeals of any decision of the planning and zoning Commission must follow the appeal procedure in this title.

F.

If development Permits for the requested special Use have not been issued within one year of the granting of the Special Use Permit, or if development of the approved special Use has not commenced with sustained effort to complete development within three (3) years after granting approval of the special use, the Special Use Permit shall become null and void, unless the planning and zoning Commission or city Council, whichever gave final approval, has granted an extension. An extension to the Permit may be granted if applied for in writing to the approving body prior to the date of expiration and if the approving body finds, upon review of the record, that an extension is warranted due to circumstances beyond control of the Applicant and upon finding that city regulations have not been changed significantly from those under which the original approval was reviewed.

G.

Any special Use that operates in violation of the requirements and conditions established in a Special Use Permit, pursuant to this section, may be revoked and the Use restricted, suspended, and/or be subject to penalties for violation of this title.

(Ord. 1237, 2012)

A.

Purpose. A Planned Unit Development ("PUD") is a master planned development that encourages enhanced community design by permitting flexibility in certain development standards in exchange for benefits to the community including Open Space, heightened Site design (when compared to developments utilizing traditional developments standards) and compatibility with surrounding Uses. A PUD may contain a mix of residential, commercial and industrial Uses so long as the proposed Uses are allowed in the underlying zoning district (either as a permitted or specially permitted use). The PUD plan must provide for the integrated design and placement of buildings and Uses within the development as well as internal traffic circulation, pedestrian and bicycle circulation, Open Space, Landscaping and other features necessary to create an efficient, attractive development.

B.

Scope. All PUDs must comply with the following scope requirements:

1.

Maximum residential Density. The maximum allowable residential Density in a PUD is based on the overall gross land area (including the required Open Space areas). The PUD generally may not exceed the overall residential Density allowed in the underlying zoning districts ("base Density"). However, the PUD may exceed the base Density by up to ten (10) percent if the PUD provides an additional five (5) percent of the gross land area as Open Space meeting the requirements of this section. Base densities are established using the values contained in Official Bulk and Placement Table in Section 18.20.040 .

2.

Compliance with other city processes and requirements. The PUD must meet all city development standards unless the standard is modified under this section. Additionally, all PUDs must comply with all other applicable development processes and requirements including subdivision regulations. A list of development standards that may be modified by the PUD process is contained in subsection B3 of this section.

3.

Development standards subject to a PUD. In order to achieve the purposes of this section, the developer may request modifications to the following development standards:

a.

Any provision pertaining to the height, bulk, setback or maximum dimensions of any facility.

b.

Any provision establishing buffering, Landscaping or other similar requirements pertaining to Site design.

c.

Any provision pertaining to the minimum or maximum dimensions of Lot(s).

d.

Any provision in title 12, chapter 12.12 and title 17, chapter 17.28 of this Code regarding, driveways, local streets and sidewalks except accessibility standards.

e.

Any provision pertaining to off-street parking except accessibility standards.

C.

General Requirements. All PUDs must comply with the following requirements:

1.

Ownership Requirements. The entire Site must be under common ownership or control at the time of application and remain under common ownership or control until the PUD plan is approved.

2.

Open Space Requirements. Each PUD plan must contain Open Space meeting the following requirements:

a.

Size and Exclusions. A minimum of ten (10) percent of the gross land area in any PUD must be reserved for Open Space areas usable for a mix of active and passive recreational activities by all occupants of the area being developed. Individual Open Space areas within the Site should be large enough to be usable for park land and/or other recreational Uses while remaining within a reasonable walking distance for occupants of the development. Areas dedicated or set aside for public Rights-of-Way, private streets, street side stormwater swales or utility easements, required landscape Buffers, setback areas, and/or common private Parking Areas (other than Parking Areas necessary to meet parking standards for the Open Space areas) cannot be included in the calculation of the required minimum Open Space. Stormwater management areas and utility easements are generally excluded from the calculation of Open Space areas unless the primary Use and design of the area is for recreational purposes and the Use of the area for stormwater management or utilities does not impair the Use of the area for its designed recreational use.

b.

Demarcation of Open Space areas. Open Space areas must be clearly demarked by creating separation from adjoining developed areas with plants, landscaped earth Berms, fences, walls, or a combination of such elements.

c.

Maintenance. Open Space areas may be either privately maintained or dedicated for public ownership and maintenance (if the dedication is formally accepted by the city). If any Open Space area is to be privately maintained, an owner's association must be formed to ensure that the Open Space is perpetually maintained in an acceptable manner, which includes irrigation of all landscaped areas with an automated irrigation system. If any Open Space area is to be dedicated to the public for ownership and maintenance, it must be dedicated to the public with the first block of development unless otherwise agreed to in writing by the city.

d.

Coordination with Other Open Space Areas. When preparing the PUD plan, the developer should coordinate Open Space areas, trails and amenities within the Site and with other Open Space areas/parks to create a larger, more efficient city-wide Open Space system that provides a greater range of amenities.

D.

PUD Application Requirements. A PUD application must contain or be accompanied by the following information:

1.

Legal Description. A legal description of the Site approved by an Idaho licensed surveyor or engineer must be included in the application.

2.

Project Narrative. A narrative outlining the proposed PUD plan that, at a minimum, addresses the existing Uses on the Site, the proposed Uses for the Site and how those Uses fit into the Uses in the surrounding area, compatibility with the approval criteria, a list of all proposed deviations from city development standards, and an explanation of how the requested deviations allow for a heighted design that benefits the community.

3.

PUD Plan. The application must be accompanied by a set of plans depicting the following elements:

a.

Dimensions. Site dimensions and property lines.

b.

Topography. Topography of the Site using two-foot contours.

c.

Existing Features. Existing Site features including major wooded areas, significant natural, scenic and/or historical features, Structures, Rights-of-Way, streets, easements, utility lines and land Uses.

d.

Transportation Plan. A plan depicting all arterial, collector, planned local road ways and pedestrian/bicycle facilities within the development area. Identify and provide proposed street and trail sections.

e.

Landscape Plan. A landscape plan for all planned private Open Space and Rights-of-Way areas.

f.

Block Development Plan. A block development plan depicting the scope of each block of development and a timetable for implementation of the PUD plan elements, which includes the timing of the dedication and/or development of the Open Space. Blocks can be developed in any order provided that each block contain all of the infrastructure necessary to exist as a stand- alone development.

4.

Authorized Signature and Proof of Title. The application must be signed by each owner or by a person having the approval of each owner and be accompanied with, proof of legal title to the entire Site, proof of authorization to file the application (if applicable), and proof of common control (if not under common ownership).

5.

Will-Serve Letters. If public utility service is to be provided by an entity other than the city, the application must include a "will-serve" letter from the entity indicating that the entity has sufficient capacity to service the entire development.

6.

Fee. The current PUD application fee in an amount set by resolution of the city Council.

E.

PUD Review and Approval Criteria. The planning and zoning Commission will hold a public hearing to consider the proposed PUD plan following the quasi-judicial hearing procedures contained in section 18.20.060 of this chapter. In order to approve a proposed PUD plan the Commission must determine that the proposal meets each of the following approval criteria:

1.

The proposed PUD provides for adequate utilities, services, and parking to service the proposed development by:

a.

Providing a public water supply system that has adequate supply to serve the proposed development; and

b.

Providing a public wastewater collection system that is designed in accordance with the city's adopted wastewater master plan and has sufficient capacity to accommodate the proposed sewer flows; and

c.

Providing adequate accommodation for other utilities necessary to support the proposed development; and

d.

Providing sufficient parking throughout the development to adequately meet the parking needs of all Uses proposed in the PUD.

2.

The proposed PUD provides for an integrated transportation network that adequately serves the proposed development by:

a.

Providing for the continuation of arterial and collector streets, meeting city standards for traffic volume, in a manner consistent with the city's adopted transportation master plan; and

b.

Providing a local street network that allows adequate traffic circulation and snow storage throughout the entire development; and

c.

Providing a pedestrian and bicycle system designed to provide adequate circulation throughout the entire development and to all Open Space areas.

3.

The proposed PUD provides enhanced community design by:

a.

Conserving and incorporating the Sites significant natural, scenic and/or historical features in the development, if any; and

b.

Integrating a mix of compatible land Uses in the development and adequately buffering and/or separating any incompatible Uses in the development; and

c.

Locating the proposed Uses and Lot sizes in the proposed PUD in a manner that blends with the surrounding Uses, neighborhoods and public facilities located in the city; and

d.

Providing at least ten (10) percent of the gross land area for Open Space that meets the recreational needs of the users of the development and provides for a variety of recreational uses; and

4.

The proposed PUD provides for timely development of the property and security for future completion and maintenance by:

a.

Ensuring that each development block contains all the necessary element to exist independently from future blocks; and

b.

Ensuring that each building in the development Lot has sufficient access around the Structure to allow for continual maintenance of the building and access for emergency services.

c.

Ensuring that a funding mechanism exists to adequately maintain common areas that are not publicly maintained.

F.

Development of the PUD. Following final approval of the PUD plan, parcels within the PUD may be subdivided pursuant to title 17 of this Code and sold but development of each parcel must conform to the approved PUD plan in all material respects unless an amendment to the PUD plan is approved. Prior to subdividing any Lots, the developer must construct or otherwise secure the construction of all public infrastructure as required by title 17, chapter 17.24 of this Code. If the PUD is to be developed without subdivision, issuance of building Permits will be conditioned upon completion of all necessary public infrastructure prior to issuance of a certificate of occupancy. Additionally, the developer must submit the proposed CCRs for the development to the Zoning Administrator for review. The CCRs must require the formation of an owner's association for the perpetual maintenance of all common areas and require that the owner's association obtain the approval of the city prior to amending the CCRs in any manner that would change the maintenance obligation of the owner's association. The city will not approve any final plats, issue building Permits or other development approval until such time as the CCRs have been submitted to, and approved by, the city.

G.

Amendments to a PUD Plan. Any material modification of an approved PUD plan, or removal of a PUD plan, must be approved by following the same review and approval procedure required by this section for a new PUD plan. The Zoning Administrator is authorized to determine whether the proposed plan amendment is material or to submit that question to the planning and zoning Commission for determination. If the modification to the plan is immaterial, the modification may be approved or denied by the Zoning Administrator, who may modify, or require new conditions of approval, as necessary to ensure that the intent of the original approval is met. For the purposes of this section a material modification is any modification that alters the layout of the major transportation elements of the plan, changes the Uses authorized by the plan, increases the Density of the development, decreases the amount of Open Space or the types of recreational Uses in the plan, changes the alternate development standards approved for the plan, alters a condition of approval or otherwise makes a material change to the plan.

(Ord. 1433 § 6, 2021; Ord. 1330, 2018)

Variances may be permitted when, due to unusual natural physical characteristics of the Site, a literal enforcement of the provisions of this title would result in unnecessary hardship. A Variance shall not be considered a right, but may be granted to an Applicant only upon a showing of unnecessary hardship because of unique physical characteristics of the Site, and after demonstrating that the Variance if implemented would not be in conflict with the public interest.

A.

Application. A complete application using an application form supplied by the Zoning Administrator shall include a description of the Variance requested, reasons why the Variance is warranted, and any supporting documents. The application will be scheduled for public hearing whenever it can be accommodated by the schedule of the hearing body.

B.

Public Hearing. At least one public hearing must be held before the planning and zoning Commission using the hearing and notice procedure required by law.

C.

Decision. The planning and zoning Commission shall consider the following when deciding a Variance request:

1.

Whether a literal interpretation of the provisions of this title would deprive the Applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

2.

That special conditions and circumstances exist which are peculiar to the land, Structure or building involved and which are not applicable to other lands, Structures or buildings in the same district. Such conditions or circumstances shall not be created by human error or oversight.

3.

That the Variance, if granted, would not harm the public interest.

Upon granting or denying an application, the Commission shall specify the relevant facts considered in evaluating the application, the legal reasons for approval or denial, and the actions, if any, that the Applicant could take to obtain a Permit. The Applicant will be notified of the decision in writing.

(Ord. 1237, 2012)

An amendment of the zoning map may consist of the amending, supplementing, changing or repealing of the regulations, restrictions and/or boundaries of the zone classification of land by ordinance in accordance with applicable provisions of Idaho Code.

A.

Application. Any application for a zone map amendment or zoning upon annexation shall include the information required by the application forms supplied by the Zoning Administrator, the information required by state law and information otherwise required by this title or by the Zoning Administrator, Commission or Council. In addition, the application shall provide a description of the amendment or zoning requested along with a statement that describes the rationale for the request, how it conforms to the Comprehensive Plan, and why the city should consider the amendment or establish the zone.

B.

Public Hearing. Public hearing(s) shall be held before the planning and zoning Commission, and city Council, using the hearing and notice procedure required by law.

C.

Zone Map Amendment Review and Approval Criteria. At the close of the required public hearings, the planning and zoning Commission and the city Council will evaluate the criteria contained in this subsection. No other criteria may be considered.

1.

Is the proposed zoning district consistent with the future land Use map and focus area contained in the currently adopted Post Falls Comprehensive Plan?

2.

Is the proposed zoning district consistent with the goals and policies contained in the currently adopted Post Falls Comprehensive Plan that are relevant to the area under consideration?

3.

Does the proposed zoning district create a Demonstrable Adverse Impact upon the delivery of services by any political subdivision providing public services within the city?

D.

In addition to the zone map amendment criteria contained in subsection C of this section, the city Council will also consider the following criteria when the request is for initial zoning upon annexation:

1.

Is annexation of the property in the best interest of the city (Legislative Decision)?

E.

Decision. The city Council, upon receipt of a recommendation from the planning and zoning Commission, and after review of the record, Staff report, and materials received at the public hearing shall render a decision to adopt, modify, or reject the amendment. Upon granting or denying an application, the Council shall specify the reasons for approval or denial. An amendment, if approved, shall be made part of this title upon the preparation and passage of an ordinance. If an amendment of the zoning map, submitted by parties other than Staff or a city commission or board, is denied by the city Council, a subsequent application for amendment of the zoning map for the subject property cannot be submitted to the city within one year of such denial unless a request for application consideration is received and approved by the city Council. Such request shall be submitted to the community development department, with the appropriate fee, and shall provide the city Council with reasons why the application should be accepted and processed. The city Council will review the request, determine whether or not the proposal is significantly different than the one denied and Permit an application to be accepted and processed or deny the request.

(Ord. 1478 § 3, 2023; Ord. 1237, 2012)

A.

General. The purpose of this section is to provide processes to allow certain land Use related Permits to be approved administratively. The Zoning Administrator is hereby granted discretion to decide the administrative Permits addressed by this chapter. Application forms for all administrative Permits must contain information required by this title and additional information relevant to the specific Permits requested.

B.

Type of Administrative Procedures. Temporary Use Permits, Site-plan review, Home Occupations, administrative exceptions, and requests for alternative compliance must follow the administrative procedures established by this section.

C.

Appeals. Any affected party may appeal an administrative decision by the Zoning Administrator to the planning and zoning Commission by filing a written notice of appeal, along with the required fee, with the Zoning Administrator no more than fourteen (14) days after the date of the written decision. The request for appeal must include the legal or factual reason for appeal and the result sought through the appellate process. The Zoning Administrator will coordinate with the city attorney and relevant city departments to schedule a de novo hearing before the planning and zoning Commission to consider the matter as quickly as the planning and zoning Commission's schedule allows. Employing whatever procedures it deems appropriate in accordance with its procedures resolution, the planning and zoning Commission will render a written decision that will be communicated to the appellant and Applicant. The decision of the planning and zoning Commission may be further appealed to the city Council by following the appeal procedures contained in section 18.20.060 of this chapter.

D.

Exhaustion of Procedures. The final decision of the planning and zoning Commission is not a final decision for purposes of judicial review until the city Council has issued a final decision on appeal and the party seeking judicial review has requested reconsideration of that final decision as provided by Idaho Code 67-6535(2)(b).

(Ord. 1452 § 2, 2022; Ord. 1330, 2018)

Temporary Uses include, but are not limited to, erection of temporary Structures such as fences, booths, tents, or parking of trailers for activities such as carnivals, circuses, fairs, religious meetings, temporary outdoor displays and/or sale of art objects or other items and other similar activities conducted either outdoors or within temporary Structures. A temporary Use is a land Use established for a period of time not to exceed thirty (30) days in a calendar year and does not require permanent Site improvements. The actual Use embodied by a temporary Use Permit must be a permitted Use in the zoning district in which it is proposed to be located. The temporary Use Permit may be allowed subject to conditions required by the Zoning Administrator so long as the Zoning Administrator determines that granting the temporary Use Permit will not harm the public interest if the required conditions are complied with.

A.

An application for a temporary Use shall include a written description of the use, proposed starting date of the use, and a Site plan that shows the location of the use, access, setbacks from property lines, parking, restroom facilities (if applicable), and any other pertinent information that the Zoning Administrator may require to evaluate the use. An application shall include the names and addresses of Abutting property owners. The Zoning Administrator will prepare a notice of the administrative Permit request and mail it to Abutting property owners who will have seven (7) days from the date of mailing within which to respond with written comments supporting or opposing the request.

B.

A temporary Use may be approved, approved with conditions or denied by the Zoning Administrator. A temporary Use Permit is valid on the date of approval or on the date requested by the Applicant and will be valid for the time period requested or no more than thirty (30) days during a calendar year, such days to be designated at the time of issuance. The Zoning Administrator, when deciding a temporary Use Permit request, should consider the following:

1.

That the Permit for the proposed temporary Use would be consistent with the general intent of the zoning ordinance and Comprehensive Plan and would be permitted within the zoning district wherein located.

2.

Granting the Permit would not be detrimental to the surrounding neighborhood or to the community in general, would not create a traffic hazard and would not harm the functioning of community facilities or services.

3.

Written notice of the decision shall be sent to the Applicant.

C.

Annual Christmas Tree sales and fireworks stands are exempt from needing to obtain a temporary Use Permit so long as the Use does not exceed thirty (30) days per calendar year, occur solely on private property, are conducted on commercially/industrially zoned and improved property, and are conducted in a manner that does not create a traffic hazard or other health and safety hazards to adjacent properties and the general public.

(Ord. 1237, 2012)

A.

Site plan review ensures that new development meets applicable provisions of this Code through administrative review. A Site plan shall implement the appropriate provisions to connect to nearby infrastructure and utilities, provide necessary easements, complement adjoining Land Uses and transitioning of areas. Site plan review and approval is required for the following conditions:

1.

Establishment or location of any permitted commercial, industrial, public or multi-family residential (three (3) or greater units on one (1) parcel) Structure or Use on a vacant Lot.

2.

Expansion of the total Floor Area (either attached or detached) of an existing Structure greater than twenty-five (25) percent other than a multi-family Structure.

3.

Expansion of a multi-family Structure (duplex or greater) in which additional unit(s) are to be attained.

4.

A change of Use within an existing Structure(s) of twenty-five (25) percent or more, an expansion of an existing Structure(s) of twenty-five (25) percent or more, or any change of Use on the site itself (outside of the Structure(s)) where improvements are required within PFMC for the utilization of the land as intended.

B.

The Zoning Administrator may waive the requirement to complete the Site plan review upon the following condition:

1.

Preexisting Site is already improved to current Site design standards.

C.

An application for Site plan review approval shall be filed with the Zoning Administrator. The Zoning Administrator shall determine whether the application is complete. An Applicant can meet informally with Staff prior to submittal of an application. In addition to application requirements otherwise required by this title or the applicable building code, a Site plan submitted for review should include:

1.

A drawing of the proposed development Site depicting placement of all buildings, Parking Areas, landscaped areas, signage, building bulk information, drainage, and stormwater treatment, utility service information, Frontage Improvements and such other information as the Zoning Administrator might require to assess the impact of development of a Site upon the land and infrastructure affected.

2.

Location and statistical information about the Site including the size of the Site in square feet or acres, the address of the Site, if known, the area of the Lot covered by buildings in square feet, square feet of impervious surface (excluding roof area) and the Density in units per acre for residential developments.

D.

A street naming and addressing plan shall be submitted for review and approval, concurrently with Site plan review construction plans, in compliance with title 12, chapter 12.24 of this Code and any associated street naming and addressing guidelines. Such review shall ensure that proposed streets and addresses meet city and county regulations and that appropriate street signage is installed.

E.

The Applicant shall provide copies of the Site plan for review, drawn to an appropriate scale to clearly show all required elements that include, but are not limited to:

1.

Location and height of existing and proposed Structures.

2.

Signs.

3.

Trash enclosures.

4.

Site furnishings, and Site lighting.

5.

Site boundaries and dimensions.

6.

Grading and drainage, and enough Site information from adjoining properties so that differences in Site grading can be minimized or accommodated.

7.

Spot elevations shall be included at building corners, drainage inlets and dry wells, sufficient to determine drainage on the Site.

8.

Setbacks from property lines.

9.

Existing and proposed easements and Rights-of-Way.

10.

Location of existing and proposed utility Structures.

11.

Location and size of existing and proposed sewer and water lines.

12.

Location of the nearest fire hydrant(s).

13.

Site grading and drainage to include stormwater collection and treatment prepared by a licensed professional, registered in the State of Idaho.

14.

Location of all driveways, streets and sidewalks, and Frontage Improvements.

15.

Location and layout of all off-street parking.

16.

Location of loading areas (if applicable).

17.

Location of ADA accessible parking stalls/access aisles and ADA route along the public Right-of-Way, from the public Right-of-Way to the building entrance, and from the ADA parking to the building entrance.

18.

Location of nearest streetlight.

19.

Landscaping shall be provided in accordance with the landscape requirements within this Code.

20.

Irrigation plan.

F.

The Zoning Administrator may waive any of the elements listed above upon determining they are unnecessary based on the scope of work proposed. The Site plan review process provides a degree of flexibility in the application of standards and ordinance requirements to allow Site design to function with its surroundings while maintaining substantial compliance with ordinance requirements.

Upon receipt of a complete Site plan, the Zoning Administrator may schedule a Site plan review with appropriate Staff. Copies of submittal documents will be provided as necessary to agencies and jurisdictions. The Zoning Administrator and appropriate Staff will review the Site plan submittals to determine that all applicable ordinance provisions are complied with and that the Site will function satisfactorily with its surroundings. Site plan review may include, but not be limited to:

1.

Review of Lot size, dimensions, setbacks and other Site development characteristics to determine functional compatibility with topography, public facilities and established or projected nearby Uses.

2.

Determine that there are adequate utility provisions to serve the proposed Use and to continue the utility systems to property lines in order to facilitate continuity of utilities.

3.

Assure that the design, grading and drainage, parking, circulation design, Landscaping, and other elements of the plan meet adopted performance standards and function compatibly with nearby Uses and public facilities.

4.

Review the location of streetlights and other Site lighting practices to protect public safety on Site and on adjoining Rights-of-Way, without disturbing the livability of neighboring lands.

5.

Determine if mitigation of any extraordinary on-site or off-site impact is necessary or would result in a more functional project that would not diminish the potential Use of public facilities or nearby private lands.

6.

Define the scope of improvements and dedications required (curb, sidewalk, paving, water, sewer, drainage, easements, Right-of-Way dedication, etc.) to allow the project to meet legal requirements and to be compatible with present or future development of neighboring land and determine the need for a construction improvement agreement for Frontage Improvements or off-site public infrastructure.

G.

If changes to the Site development plans are required, the Site plan will be returned to the Applicant for revision. Upon submittal of a properly revised Site plan, the Zoning Administrator will issue a written approval, addressing any supplementary conditions applicable to the Site. The owner shall acknowledge the review comments and conditions of approval by countersigning the written approval, returning a copy to the Zoning Administrator. When all requirements have been satisfied and the conditions of approval are acknowledged and returned, the Site plan may be deemed approved. Notwithstanding Site plan approval, actual field conditions or physical realities that do not meet legal standards or that result in dysfunctional Site conditions shall be subject to on-site adjustment or correction as directed by the city engineer, or his designee.

1.

The Applicant may appeal the decision of the Zoning Administrator to the planning and zoning Commission by filing a notice of appeal in accordance with the appeals section of this title.

2.

The approval of a Site plan shall be effective for a period of one year from the date of approval. If construction has not commenced or an extension granted within the one-year period, the Site plan approval shall expire, and the Applicant shall be required to resubmit for Site plan review.

3.

Prior to the expiration date of the effective period, the Applicant may request an extension, in writing, from the Zoning Administrator. The Zoning Administrator may grant an extension, not to exceed one hundred eighty (180) days, upon a showing of good cause. The Zoning Administrator shall address the request for extension by a written response to the Applicant. The Applicant may appeal the Zoning Administrator's decision to deny an extension in accordance with the appeals section of this title.

4.

After the plan approval, the Applicant may request an amendment to the approved Site plan or to conditions of approval. If the proposed amendment is a minor change and is consistent with conditions of approval, the Zoning Administrator may grant the amendment in writing. If the Zoning Administrator determines the amendment involves significant change to the conditions of approval, the Zoning Administrator shall schedule a review with other Staff members in accordance with the Site plan review procedures and the Applicant shall pay an additional one-half (½) of the current Site plan review fee for review of the proposed amendment.

(Ord. 1237, 2012; Ord. No. 1514, § 1, 2024)

Certain limited business or professional Uses may be conducted as a Home Occupation on premises subject to specific limitations established to maintain compatibility with a residential neighborhood. Examples of permissible Use types include professional offices, home offices, Daycare, handicrafts, graphic arts, seamstress, beauty/hair salon or similar businesses. The purpose of this section is to establish standards for Home Occupations that maintain the residential character of a neighborhood.

Before establishing a Home Occupation, an application must be reviewed and approved by the Zoning Administrator. An application must include information listed on the application along with an accurate and concise description of the requested Home Occupation.

The Zoning Administrator will review the application submittals and will grant, grant with conditions, or deny the Home Occupation Permit upon finding that the Home Occupation will not adversely affect the character of the neighborhood or create a nuisance (noise, dust, odor, excessive traffic, etc.) and that it complies with the standards established by this Code. The Zoning Administrator shall review the application to determine that the Use will meet the Home Occupation standards listed in this section. A Permit may be revoked or a violation may be prosecuted for noncompliance with standards or conditions of approval.

A decision by the Zoning Administrator may be appealed to the planning and zoning Commission and thereafter to the city Council respectively, in accordance with the appeals section found in this title.

A Home Occupation Permit is effective on the date that the Permit is approved, is nontransferable and is valid so long as the conditions of approval issued with the Permit are complied with and Home Occupation standards set forth herein are met.

A.

Home Occupation Performance Standards. All Home Occupations shall comply with the following standards, in addition to the Site specific conditions required by the Zoning Administrator:

1.

The Home Occupation must be clearly subordinate, both visually and with respect to space occupied, to the primary residential use. Not more than one-third (⅓) of the Floor Area of the Dwelling Unit may be used in the conduct of the Home Occupation.

2.

No outside storage of goods, equipment or materials related to the Home Occupation shall be permitted.

3.

No Home Occupation shall create a need for parking or traffic beyond that required for the primary single-family residential use, or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance beyond that caused by typical single-family residential occupancy in a residential neighborhood.

4.

There shall be no change in appearance that would alter the residential character of the premises.

5.

Signage requirements for Home Occupations are to be consistent with chapter 18.36 of this title.

6.

A permitted Home Occupation shall have no more than one full time employee equivalent who is not a family member on the premises.

7.

Employees (other than the resident and one employee) of a permitted Home Occupation, may not work, gather, park, or meet, at the residence of a Home Occupation on a regular or frequent basis.

8.

A Home Occupation must be fully enclosed within the residence or approved accessory building.

9.

Home Occupation Daycare shall provide care to no more than five (5) children or adults at any time. Children of the provider, under the age of thirteen (13), shall be considered needing care and included in the child limit.

10.

Uses with the following characteristics are expressly prohibited as Home Occupations:

a.

Any business creating external noise, odors, vibrations, or other potential nuisance factors including high levels of customer traffic.

b.

Any Use requiring sewage pretreatment in accordance with this Code.

c.

Repair and/or servicing or painting of automobiles, trucks, boats, RVs, motorcycles, and ATVs.

(Ord. 1237, 2012)

A.

An "administrative exception" is defined as follows:

1.

A maximum twenty (20) percent reduction in required setback from external property lines, provided that the Front Yard setback for a residential Structure cannot be reduced below ten (10) feet to the front of the residence or twenty (20) feet to the front of the garage measured from the edge of the sidewalk nearest the Structure. If no sidewalk is present, Front Yard setbacks may not be reduced through an administrative exception;

2.

A possible fifteen (15) percent reduction in the Lot area requirements per Dwelling Unit; the intent for this exception is for individual Lots rather than implementing across an entire major subdivision;

3.

Administrative discretion to allow fences or walls in excess of three (3) feet in height in the designated Front Yard area to increase up to four (4) feet such as to not create visibility issues;

4.

Administrative discretion to allow fences or walls in excess of six (6) feet in a Rear or Side Yard to increase up to eight (8) feet; and

5.

Administrative discretion to waive the required minimum four-foot-wide landscaped area between a parking Lot (including driveways) and an exterior property line under the following conditions:

a.

Exterior property line is under common ownership with adjoining property.

b.

Exterior property line abuts Open Space, utility corridors, railway corridors, and interstate Rights-of-Way.

6.

Administrative discretion to allow deviation from structural support and height elements for signs authorized in residential zone designations contained in Post Falls Municipal Code section 18.36.050.A. Where strict compliance with those regulations may be better served by an alternative proposal. The granting of the exception should meet the intent and purpose of the regulation such that the Zoning Administrator must find the following conditions are met:

a.

The granting of the exception will not be detrimental to the public safety, health, welfare, or injurious to other property and does not create visibility issues.

b.

The sign design is compatible with existing and new development and maintains the character and quality of the community.

7.

Administrative discretion to allow deviation from equipment screening requirements to allow for architecturally compatible design. Where strict compliance with those regulations may be better served by an alternative proposal. The granting of the exception should meet the intent and purpose of the regulation such that the Zoning Administrator must find the following conditions are met:

a.

The granting of the exception will not be detrimental to the public safety, health, welfare, or injurious to other property and does not create visibility issues.

b.

The sign design is compatible with existing and new development and maintains the character and quality of the community.

B.

Administrative exceptions may be granted upon the finding that such exception is consistent with the general intent of this title.

C.

An application for a Permit for an administrative exception shall include a written description of the requested administrative exception and a Site plan that shows information relevant to the request to allow the Zoning Administrator to evaluate the proposed exception. Applications shall include the names and addresses of Abutting property owners.

D.

A Permit for an administrative exception may be approved, approved with modifications, or denied by the Zoning Administrator. The Zoning Administrator, when deciding, shall consider the following:

1.

That the administrative Permit for the proposed exception would be consistent with the general intent of the zoning ordinance and related provisions of this Code.

2.

Granting the Permit has not been demonstrated to be detrimental to neighboring development.

E.

Written notice of the decision must be provided to the Applicant and mailed to Abutting property owners. A decision may be appealed by any affected property owner or by the Applicant in accordance with procedures specified in section 18.20.110 of this Code for decisions made by the Zoning Administrator.

(Ord. 1433 § 7, 2021; Ord. 1368, 2019; Ord. 1237, 2012)

A.

Purpose. The purpose of this process is to provide for alternative means in which to meet the intended purposes of certain development regulations when technical compliance is not feasible or the alternative means is superior to what is required. The regulations of this section are intended to encourage creative solutions to land Use problems. The city recognizes that some specific requirements of this title do not anticipate all possible situations. Further, the city recognizes that there may be land Use proposals that conform to the purpose, intent, and objectives of the regulations in this title but were not anticipated in the specific regulations. This section sets forth an alternative method of compliance in the event of these situations.

B.

Applicability. The process established by this section can be used to seek alternative compliance approval from the following provisions:

1.

Setback standards for Twin Homes contained in section 18.20.040.

C.

Necessary Site Conditions. Requests for alternative compliance are allowed only when one or more of the following conditions exist:

1.

Topography, soil, vegetation, or other Site conditions are such that full compliance is impossible or impractical;

2.

The Site involves space limitations or an unusually shaped Lot;

3.

Safety considerations make alternative compliance desirable;

4.

Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this title;

5.

The proposed design includes innovative design features or architectural and/or Site designs that promote walkable and mixed Use neighborhoods;

6.

Additional environmental quality improvements would result from the alternative compliance.

D.

Process. A person seeking approval of an alternative compliance method must submit a written application for alternative compliance prior to the submittal of a development application or upon the determination that the development request does not comply with specific provisions of this title. The application must be accompanied by the appropriate fee established by resolution of the city Council. The application must specify:

1.

The specific requirements that are proposed to be modified;

2.

The reasons for the modification; and

3.

A demonstration of how the alternative means for compliance meets the requirements' intended purpose by providing an equal or superior means of meeting the intent and purpose of the regulation.

E.

Evaluation and Decision. The Zoning Administrator will evaluate whether the application meets the following standards and provide the Applicant a written decision explaining the basis for the decision.

1.

Strict adherence or application of the requirements are not feasible; or

2.

The alternative compliance provides an equal or superior means for meeting the requirements; and

3.

The alternative means will not be materially detrimental to the public welfare or impair the intended Uses and character of surrounding properties.

F.

Precedent. Approval of a request for alternative compliance does not create a precedent for acceptance in other cases.

(Ord. 1452 § 2, 2022)

The purpose of this chapter is to provide processes to allow certain land Use related actions to be approved legislatively by the city Council, upon receipt of a recommendation from the planning and zoning Commission. Application forms for legislative actions shall contain information required by this title and additional information relevant to the specific Permits requested. Hearings before the planning and zoning Commission and the city Council will be scheduled as their schedules and agendas allow.

Amendments to the Comprehensive Plan, zoning and subdivision ordinances and annexations must follow the legislative procedures established by this chapter.

(Ord. 1330, 2018)

The planning and zoning Commission and city Council may amend, supplement, change or repeal the regulations, restrictions and/or zoning classifications that can be made applicable by this title. An amendment to the text of the zoning ordinance is a legislative action subject to procedural standards applicable to legislative action.

An amendment of the zoning text may consist of the amending, supplementing, changing or repealing of the regulations and/or zone classification of land by ordinance in accordance with applicable provisions of Idaho Code. Amendments to the zoning text should be in accordance with the future land Use map and the goals and policies found in the Post Falls Comprehensive Plan.

A.

Application. Any application for a zone text amendment shall include the information required by the application forms supplied by the Zoning Administrator, the information required by state law and information otherwise required by this title or by the Zoning Administrator, Commission or Council. In addition, the application shall provide a description of the text amendment requested along with a statement that describes the rationale for the request, and how it conforms to the Comprehensive Plan, and why the city should consider the text amendment.

B.

Commission Hearing. A public hearing will be held before the planning and zoning Commission, using the notice and hearing procedures required by law. Following the public hearing, the planning and zoning Commission will forward a recommendation to the city Council concerning the proposed amendment.

C.

City Council decision. The city Council, upon receipt of a recommendation from the planning and zoning Commission, will schedule a public hearing to consider the proposed amendment following the notice and hearing procedures required by law and render a decision to adopt, modify, or reject the amendment. An amendment, if approved, shall be made part of this title upon the preparation and passage of an ordinance. If an amendment of the zoning ordinance text, submitted by parties other than Staff or a city commission or board, is denied by the city Council, a subsequent application for a text amendment cannot be submitted to the city within one year of such denial unless a request for application consideration is received and approved by the city Council. Such request shall be submitted to the Community Development Division, with the appropriate fee, and shall provide the city Council with reasons why the application should be accepted and processed. The city Council will review the request, determine whether or not the proposal is significantly different than the one denied and permit an application to be accepted and processed or deny the request.

(Ord. 1330, 2018)

The planning and zoning Commission and city Council may amend, supplement, change or repeal provisions of the Comprehensive Plan by following the legislative procedures established by this chapter. Amendments of the text or future land Use map contained in the Comprehensive Plan should be consistent with the general intent, goals and policies contained in the Comprehensive Plan.

A.

Application. Any application for a Comprehensive Plan amendment must include the information required by the application forms supplied by the Zoning Administrator, the information required by state law and information otherwise required by this title or by the Zoning Administrator, Commission or Council. In addition, the application shall provide a description of the proposed amendment along with a statement that describes the rationale for the request, and how it conforms to the general intent, goals and policies of the Comprehensive Plan, and why the city should consider the amendment.

B.

Commission Hearing. A public hearing will be held before the planning and zoning Commission, using the notice and hearing procedures required by law. Following the public hearing, the planning and zoning Commission will forward a recommendation to the city Council concerning the proposed amendment.

C.

City Council Decision. The city Council, upon receipt of a recommendation from the planning and zoning Commission, will schedule a public hearing to consider the proposed amendment. The hearing will be scheduled following the notice and hearing procedures required by law and the city Council will render a decision to adopt, modify, or reject the amendment. If the city Council makes a material change to the proposed amendment during the course of the public hearing, a second public hearing, following the same notice and hearing requirements, will be held to allow public comment before final adoption of the amendment. An amendment, if approved, will be made part of the Comprehensive Plan upon the preparation and passage of a resolution adopting the amendment.

If an amendment of the Comprehensive Plan, submitted by parties other than Staff or a city commission or board, is denied by the city Council, a subsequent application for an amendment cannot be submitted to the city within six (6) months of such denial unless a request for application consideration is received and approved by the city Council. Such request shall be submitted to the Community Development Division, with the appropriate fee, and shall provide the city Council with reasons why the application should be accepted and processed. The city Council will review the request, determine whether or not the proposal is significantly different than the one denied and permit an application to be accepted and processed or deny the request.

(Ord. 1330, 2018)

The city requires a development agreement, pursuant to Idaho Code section 67-6511A, for all requests to zone property to the technology, community commercial, or residential mixed zone and in conjunction with all requests for annexation and zoning of property. Additionally the city may require a development agreement as a condition of approving a rezone request. When required, the development agreement must be signed by the property owner and returned to the city within twelve (12) months of the city council granting annexation and/or rezone.

(Ord. 1340, 2018; Ord. 1377 § 5, 2019; Ord. No. 1499, § 1, 11-7-2023)