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Priest River City Zoning Code

CHAPTER 4

SCHEDULE OF DISTRICT REGULATIONS

10-4-1: R-1 RESIDENTIAL:

   A.   Purpose: The purpose of the R-1 District is to provide for a large lot residential environment at housing densities consistent with the physical characteristics of the area. Manufactured home placement standards shall not exceed placement standards required of other single-family dwellings in this district.
   B.   Principal Uses Permitted Outright:
      Agriculture, but not including the keeping of large animals on any lot of less than one acre and limited to no more than one large animal per acre.
      Home occupations; that generate less than ten (10) trips per day, require no large delivery trucks unless located on an established truck route and have a current City business registration (refer to subsection 10-7-5J of this title).
      Parks controlled and maintained by the City of Priest River, Bonner County, the State of Idaho, or a responsible association approved by the City Council.
      Single-family dwellings, including manufactured homes if they meet the manufactured home placement standards adopted by the City per section 10-7-7 of this title.
      Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines.
   C.   Conditional Uses:
      Cemetery.
      Church.
      Daycare and pre-school facilities.
      Planned unit developments.
      Power substations screened from the public view.
      School.
      Uses substantially similar to an established use as determined per section 10-3-6 of this title.
      A commercial use that is located adjacent to a pre-existing residential use must provide noise buffering and privacy screening between the two (2) uses by means of a fence, wall, or landscaping.
   D.   Density Provisions:
      1.   No more than one permanent dwelling unit allowed per lot.
      2.   Lots must be no less than ten thousand (10,000) square feet or at the Administrators discretion within three hundred (300) square feet.
      3.   Lots must be a minimum of eighty feet (80') in width at the front setback line.
      4.   Lot depth must not be less than one hundred feet (100').
      5.   The front yard setback must be a minimum of twenty five feet (25'), measured from the front property line to the furthest architectural projection.
      6.   Side yard setback must be no less than ten feet (10') from the furthest architectural projection.
      7.   Side yard setback flanking the street of a corner lot must be no less than twenty feet (20'). On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the center line grades of the intersection streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines twenty five feet (25') from the point of intersection.
      8.   Rear yard setbacks must be no less than twenty feet (20') from the furthest architectural projection.
      9.   Accessory use setbacks must be no less than five feet (5') from rear and side property lines.
      10.   Building height must not be more than two (2) stories and shall not exceed thirty six feet (36'). (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

10-4-2: R-2 RESIDENTIAL - HIGH DENSITY:

   A.   Purpose: The purpose of the R-2 District is to provide for residential environments at a higher density than those provided for in the R-1 District. Manufactured home placement standards shall not exceed placement standards required of other single- family dwellings in this district.
   B.   Principal Uses Permitted Outright:
      Agriculture, but not including the keeping of large animals on any lot of less than one acre and limited to no more than one large animal per acre.
      Home occupations; that generate less than ten (10) trips per day, require no large delivery trucks unless located on an established truck route and have a current City business registration (refer to subsection 10-7-5J of this title).
      Parks controlled and maintained by the City of Priest River, Bonner County, the State of Idaho, or a responsible association approved by the City Council.
      Single-family dwellings, including manufactured homes if they meet the manufactured home placement standards adopted by the City per section 10-7-7 of this title.
      Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines.
   C.   Conditional Uses:
      Cemetery.
      Church.
      Community center or nonprofit senior center.
      Daycare and pre-school facilities.
      Golf course, country club, or tennis club.
      Manufactured home park conforming to section 10-12-1 of this title and lying within a planned unit development.
      Multi-family dwellings provided they shall meet the setback requirements of single-family dwellings.
      Planned unit developments.
      Power substations screened from the public view.
      School.
      Uses substantially similar to an established use as determined per section 10-3-6 of this title.
      A commercial use that is located adjacent to a pre-existing residential use must provide noise buffering and privacy screening between the two (2) uses by means of a fence, wall, or landscaping.
   D.   Density Provisions:
      1.   No more than one permanent dwelling unit allowed per lot.
      2.   Lots must be no less than six thousand (6,000) square feet or at the Administrators discretion within three hundred (300) square feet.
      3.   Lots must be a minimum of fifty feet (50') in width at the front setback line.
      4.   Lot depth must not be less than fifty feet (50').
      5.   The front yard setback must be a minimum of fifteen feet (15'), measured from the front property line to the furthest architectural projection.
      6.   Side yard setback must be no less than five feet (5') from the furthest architectural projection.
      7.   Side yard setback flanking the street of a corner lot must be no less than fifteen feet (15'). On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the center line grades of the intersection streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines twenty five feet (25') from the point of intersection.
      8.   Rear yard setbacks must be no less than fifteen feet (15') from the furthest architectural projection.
      9.   Accessory use setbacks must be no less than five feet (5') from rear and side property lines.
      10.   Building height must not be more than two (2) stories and shall not exceed thirty six feet (36'). (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019; Ord. 634, 6-17-2024)

10-4-3: R-5 RURAL DEVELOPMENT:

   A.   Purpose: The purpose of the R-5 District is to provide for larger tracts of land and to accommodate the rural lifestyle generally associated with larger lots located on the outskirts of the City. It provides for a very low-density development and typically, does not require the infrastructure improvements of higher-density developments. R-5 requires design review per section 10-4-11 of this chapter.
   B.   Principal Uses Permitted Outright:
      Agriculture, including the keeping of large animals.
      Home occupations; that generate less than ten (10) trips per day, require no large delivery trucks unless located on an established truck route and have a current City business registration (refer to subsection 10-7-5J of this title).
      Parks controlled and maintained by the City of Priest River, Bonner County, the State of Idaho, or a responsible association approved by the City Council.
      Single-family dwellings, including manufactured homes if they meet the manufactured home placement standards adopted by the City per section 10-7-7 of this title.
      Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines.
   C.   Conditional Uses:
      Animal clinics, hospitals, boarding kennels, runs, training schools, and riding areas.
      Cemetery.
      Church.
      Free-standing (tower) wireless communication facility.
      Golf course and athletic and recreational facilities.
      Guest apartments and guest houses.
      Heliports.
      Manufactured home park conforming to section 10-12-1 of this title.
      Multi-family dwellings consistent with densities described in subsection E of this section.
      Planned unit developments.
      Power substations screened from the public view.
      Recreational vehicle park conforming to section 10-9-2 of this title.
      School, daycare, and pre-school facilities.
      The keeping of flocks of fowl.
      Uses substantially similar to an established use as determined per section 10-3-6 of this title.
      A commercial use that is located adjacent to a pre-existing residential use must provide noise buffering and privacy screening between the two (2) uses by means of a fence, wall, or landscaping.
   D.   Minimum Lot Requirements:
      1.   Minimum Lot Area:
         a.   Five (5) acres when served by individual well and septic systems.
         b.   Two and one-half (21/2) acres when served by either or both community water or sewer systems with remaining service by individual system.
         c.   One acre when served by both City water and sewer systems and must be created by an approved planned unit development (PUD).
      2.   Minimum Lot Width:
         a.   One hundred feet (100') for lots less than two and one-half (21/2) acres;
         b.   Two hundred feet (200') for lots two and one-half (21/2) acres and larger.
      3.   Minimum Lot Depth:
         a.   One hundred feet (100') for lots less than two and one-half (21/2) acres;
         b.   Two hundred feet (200') for lots two and one-half (21/2) acres and larger.
      4.   Minimum Setbacks:
         a.   Front yard setbacks must not be less than twenty five feet (25') measured by the furthest architectural projection to the edge of the right-of-way (public or private) or front property line if front yard contains no right-of-way.
         b.   Side yard setbacks must not be less than ten feet (10') from the furthest architectural projection.
         c.   Side yard setbacks flanking a street of a corner lot must not be less than twenty feet (20') from the furthest architectural projection. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the center line grades of the intersection streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines twenty five feet (25') from the point of intersection.
         d.   Rear yard setbacks must not be less than twenty feet (20') from the furthest architectural projection.
         e.   Rear yard accessory uses must not be less than five feet (5') from the furthest architectural projection.
      5.   Access: Lots shall have direct access to a public right-of-way or access by deeded easement.
   E.   Density Provisions:
      1.   A maximum of one permanent dwelling unit per lot unless otherwise allowed by an approved conditional use permit.
      2.   Densities may be averaged using a planned unit development and lot clustering.
   F.   Community System Defined: As used within this designation, the term "community systems" shall be defined as: privately maintained water supply and distribution systems; sewage collection, treatment and disposal systems (not including individual septic tanks and drain field systems or community septic tanks and drain field systems unless subject to an approved sewer management agreement).
   G.   Consent To Receive City Utility Services: All development utilizing any type of community system as defined within this Code shall be required, prior to the City approving a conditional use permit, subdivision, or planned unit development or issuing a building permit, to provide recorded written consent as to the acceptance of City utility service when the services are available to the development and the City determines it will provide the services to the development. Provided, however, no development shall be required to connect to the City utility systems within five (5) years of the development installing a like (i.e., water or sewer) community utility within an approved development. At the end of the five (5) year period, or at any time thereafter, the development must connect to available services. (Ord. 597, 8-6-2018)

10-4-4: MU-R MIXED-USE RESIDENTIAL:

The intent of the MU-R Zoning District is to provide a residential zoning classification that permits a mix of commercial and residential uses within the same parcel. The district is intended to accommodate the physical pattern of development currently found along existing commercial corridors.
   A.   Purpose: The purposes of the MU-R Mixed-Use Residential District are to:
      1.   Accommodate mixed-uses with neighborhood-serving retail, service, and other uses on the same parcel as the owner's residence;
      2.   Encourage development that allows low impact, light commercial uses to co-exist with residential uses; and
      3.   Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.
   B.   Principal Uses Permitted Outright:
      Animal services:
         Sales and grooming.
         Veterinary (without boarding services).
      Barber or beauty salon.
      Co-located wireless communication facilities.
      Daycare and pre-school facilities.
      Eating establishments:
         Coffee shop or deli.
         Small scale bakery.
      Financial services.
      Household living:
         Artist live/work space.
         Detached house.
         Dwelling units.
      Medical service.
      Office.
      Parks and recreation.
      Public safety service.
      Repair service, consumer (including bicycles).
      Utilities and services, minor. (Ord. 597, 8-6-2018)
   C.   Conditional Uses:
      Artist live/work space, with an art gallery or store.
      Artist work or sale space.
      Car wash.
      Colleges and universities.
      Cultural exhibits and libraries.
      Drive-through facilities.
      Eating and drinking establishments:
         Restaurant.
         Tavern.
      Entertainment and spectator sports:
         Small (1 - 149 seats).
      Food and beverage retail sales.
      Freestanding (tower) wireless communication facilities.
      Gas/fueling station.
      Group living:
         Assisted living.
         Group home.
         Nursing home.
         Temporary overnight shelter.
         Transitional residence.
         Transitional shelter.
      Household living:
         Duplex.
         Manufactured home parks conforming to section 10-12-1 of this title.
         Multi-unit (3+ units) residential.
         Recreation vehicle park conforming to section 10-9-2 of this title.
         Single room occupancy.
         Townhouse.
      Laundromat.
      Lodging:
         Large (17+ guest rooms).
         Small (1 - 16 guest rooms).
      Manufacturing, production, and industrial services:
         Artisan (hand tools only; e.g., jewelry and ceramics).
      Parking, commercial (non-accessory).
      Personal services, including health clubs and gyms.
      Postal service.
      Religious assembly.
      Retail sales, general.
      School.
      Storage warehouse/mini storage (caretaker residence allowed).
      Utilities and services, major.
      Vehicle sales, service, and repair.
   D.   Uses Not Allowed:
      Adult use.
      Animal services:
         Shelter/boarding kennel.
      Entertainment and spectator sports:
         Large (1,000+ seats).
         Medium (150 - 999 seats).
      Hospital.
      Lodge or private club.
   E.      Commercial Establishment Size Limits:
      1.   Commercial: the gross floor area of Commercial establishments in the MU-R District shall not exceed fifteen thousand (15,000) square feet.
      2.   If residential only- the dwelling unit shall enclose a space of not less than one thousand (1,000) square feet.
   F.   Indoor/Outdoor Operations: All permitted uses in the MU-R District must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.
   G.   Lot Area Per Unit (Density): The minimum lot area per dwelling unit shall be one thousand (1,000) square feet for mixed-use lots and one thousand five hundred (1,500) square feet for non- dwelling units.
   H.   Floor Area Ratio (FAR): The maximum FAR shall be two point zero (2.0) for mixed-use lots.
   I.   Setbacks:
      1.   The entire building facade must not be located within fifteen feet (15') of the property lines that abut front and street side property lines.
      2.   The minimum rear setback is zero percent (0%) to thirty percent (30%) of the lot depth.
      3.   No interior side setbacks are required in the MU-R District, except when MU-R zoned property abuts R-zoned property, in which case the minimum side setback required in the MU-R District shall be the same as required for a residential use on the abutting R-zoned lot.
   4.   For residential only uses, R-2 setbacks shall apply unless abutting another R- Zone, then that zoning shall apply.
   J.   Building Height: The maximum building height shall be two (2) stories and shall not exceed thirty six feet (36').
   K.   Off-Street Parking:
      1.   No off-street parking is required for nonresidential uses in MU-R Districts unless uses exceed three thousand (3,000) square feet of gross floor area, in which case off-street parking must be provided for the floor area more than three thousand (3,000) square feet.
      2.   Off-street parking spaces must be located to the side or rear of the principal building or otherwise screened to not be visible from public right-of-way or Residential Zoning Districts.
   L.   Doors And Entrances:
      1.   Buildings must have a primary entrance door facing the public point of access. Entrances at building corners may be used to satisfy this requirement.
      2.   Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
   M.   Vehicle And Driveway Entrances: Vehicle access to commercial uses shall be from a public right-of-way. (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019; Ord. 634, 6-17-2024)

10-4-5: MU-C MIXED-USE COMMERCIAL:

The following model zoning district provisions represent a commercial zoning classification that permits, rather than mandates, a vertical mix of commercial and residential uses within the same building. The district is intended to accommodate a physical pattern of development often found along village main streets and in neighborhood commercial areas in older cities.
   A.   Purpose: The purpose of the MU-C Mixed-Use Commercial District is to:
      1.   Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above or attached to the rear of nonresidential space;
      2.   Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; and
      3.   Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. (Ord. 597, 8-6-2018)
   B.   Principal Uses Permitted Outright
      Animal services:
         Sales and grooming.
         Veterinary.
      Artist work or sales space.
      Auto parts supplier.
      Bank, savings and loan, or credit union.
      Barber or beauty salon.
      Colleges and universities.
      Co-located wireless communication facilities.
      Convenience store.
      Cultural exhibits and libraries.
      Dance, music studio.
      Daycare and pre-school facilities.
      Drug store.
      Eating establishments:
         Bakery or baked goods store.
         Coffee shop.
         Deli.
         Restaurant.
      Entertainment and spectator sports:
         Small (1 - 149 seats).
      Financial services.
      Food and beverage retail sales.
      Funeral homes and/or mortuary.
      Household living:
         Artist live/work space located above the ground floor.
         Detached house.
         Dwelling units located above or below the ground floor.
      Lodging:
         Small (1 - 16 guest rooms) - motel operator residence may be located on the ground floor.
      Medical service.
      Offices, including medical, dental, and optical.
      Parks and recreation.
      Pawnbroker shops.
      Personal service, including health clubs, gyms, and spas.
      Photographic studio.
      Postal service.
      Printing.
      Public health service.
      Religious assembly.
      Repair service, consumer (including bicycles).
      Retail sales, general.
      Storage warehouse/mini storage (separate dwelling unit for caretaker allowed).
      Utilities and services, minor.
   C.   Conditional Uses:
      Car wash.
      Drive-through facilities.
      Eating and drinking establishments:
         Tavern.
      Freestanding (tower) wireless communication facilities.
      Gas stations with or without convenience stores.
      Group living:
         Assisted living.
         Group home.
         Nursing home.
         Temporary overnight shelter.
         Transitional residence.
         Transitional shelter.
      Household living:
         Artist live/work space, ground floor.
         Duplex.
         Dwelling units, ground floor.
         Multi-unit (3+ units) residential.
         Single room occupancy.
         Townhouse.
      Laundromat.
      Lodge or private club.
      Lodging:
         Large (17+ guest rooms).
      Manufacturing, production, and industrial services:
         Artisan (hand tools only; e.g., jewelry and ceramics).
      Parking, commercial (non-accessory).
      School.
      Utilities and services, major.
   D.   Uses Not Allowed:
      Adult use.
      Animal services:
         Shelter/boarding kennel.
      Entertainment and spectator sports:
         Large (1,000+ seats).
         Medium (150 - 999 seats).
      Hospital.
      Vehicle sales, service.
   E.   Commercial Establishment Size Limits: The gross floor area of commercial establishments in the MU-C District shall not exceed fifteen thousand (15,000) square feet without an approved Conditional Use permit.
   F.   Indoor/Outdoor Operations: All permitted uses in the MU-C District must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.
   G.   Floor-To-Floor Heights And Floor Area Of Ground-Floor Space:
      1.   All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of eleven feet (11').
      2.   All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area:
         a.   At least eight hundred (800) square feet or twenty five percent (25%) of the lot area (whichever is greater) on lots with street frontage of less than fifty feet (50'); or
         b.   At least twenty percent (20%) of the lot area on lots with fifty feet (50)’ or more of street frontage.
   H.   Lot Area Per Unit (Density): The minimum lot area per dwelling unit shall be one thousand (1,000) square feet for mixed-use buildings and one thousand five hundred (1,500) square feet for non-dwelling units.
   I.   Floor Area Ratio (FAR): The maximum FAR shall be two point zero (2.0) for mixed-use buildings and one point two five (1.25) for all other buildings.
   J.   Setbacks:
      1.   The entire building facade must abut front and street side property lines or be located within ten feet (10') of those property lines.
      2.   The minimum rear setback is zero percent (0%) to thirty percent (30%) of the lot depth.
      3.   No interior side setbacks are required in the MU-C District, except when MU-C zoned property abuts R-Zoned property, in which case the minimum side setback required in the MU-C District shall be the same as required for a residential use on the abutting R-zoned lot.
      4.   For residential only uses, R-2 setbacks apply unless abutting another R-zone, then that zoning shall apply.
   K.   Building Height: The maximum building height shall be three (3) stories or forty feet (40') for mixed-use buildings and shall not exceed thirty six feet (36') for all other buildings.
   L.   Off-Street Parking:
      1.   No off-street parking is required for nonresidential uses in MU-C Districts unless uses exceed three thousand (3,000) square feet of gross floor area, in which case off-street parking must be provided for the floor area more than three thousand (3,000) square feet.
      2.   Off-street parking spaces must be located to the rear of the principal building or otherwise screened to not be visible from public right-of-way or Residential Zoning Districts.
   M.   Doors And Entrances:
      1.   Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
      2.   Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
   N.   Vehicle And Driveway Entrances: Vehicle access to commercial uses shall be from a public right-of-way. (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019; Ord. 634, 6-17-2024)

10-4-6: C COMMERCIAL:

   A.   Purpose: The purpose of the C District is to provide for the location of service and high intensity retail businesses to minimize land use and traffic conflicts.
   B.   Principal Uses Permitted Outright:
      All uses permitted outright in the MU-C District except detached house.
      Auto sales, service, rental, and repair.
      Bowling alley.
      Cabinet shop.
      Car wash.
      Cleaning/laundry agent.
      Drive-in restaurant.
      Frozen food locker.
      Hotel or motel.
      Laundromat.
      Manufactured home or farm implement sales yard.
      Retail stores and services.
      Tire sales and service.
      Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines. (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019)
   C.   Conditional Uses:
      Amusement centers, indoor and outdoor.
      Buildings and uses of public works, public services or utility nature, including enclosed and/or screened equipment storage, repair yards, warehouses, or related activities.
      Commercial outdoor storage/storage units.
      Fueling stations.
      Furniture refinishing and rebuilding.
      Hospital.
      Light manufacturing and light assembly.
      Residential uses (R-2 District requirements).
      Schools.
      Or substantially similar to an established use as determined per section 10-3-6 of this title.
   D.   Density Provisions: Density in the Commercial District shall be governed by the Building and Fire Codes currently adopted and in use by the City. A commercial use that is located adjacent to a pre-existing residential use must provide buffering between the two (2) uses by means of a fence, wall, or landscaping.
   E.   Commercial Setbacks: Setbacks from property lines are established through design review and a function of construction type. (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019; Ord. 634, 6-17-2024)

10-4-7: LI LIGHT INDUSTRIAL:

   A.   Purpose: The purpose of the LI District is to provide for the location of inoffensive light industrial and related uses, and to make provisions for certain kinds of commercial uses needed to service these industries. All uses in the LI District will be subject to the requirements of the Design Review Overlay. (Ord. 605, 8-5-2019)
   B.   Principal Uses Permitted Outright:
      Assembly plants.
      Indoor shooting ranges 1 .
      Storage facilities.
      Welding and fabrication shops.
      Wholesale distributors.
      Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines. (Ord. 597, 8-6-2018)
   C.   Conditional Uses:
      Residential use associated with the light industrial use such as owner, caretaker, employee, etc.
         1. Owner shall provide written acknowledgment of possible conflicts between residential uses and light industrial uses such as, but not limited to, noise, light, glare, and odors.
         2. Residential use must comply with all Building and Fire Codes.
      Those substantially similar to an established use as determined per section 10-3-6 of this title.
      Wireless communication facilities. (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019)
   D.   Density Provisions: Density provisions in the LI District shall be governed by the Building and Fire Codes currently adopted and in use by the City and appropriate design as determined by the design review process. The City’s building inspector will inspect all plans for compliance with the adopted Building Codes. A light industrial use that is located adjacent to a pre-existing residential or commercial use must provide buffering between the two (2) uses by means of a fence, wall, or landscaping. Separate residential structures are subject to R-2 residential density (setback) provisions. Residential uses contained within light industrial buildings shall not be subject to R-2 density (setback) provisions. (Ord. 605, 8-5-2019)

10-4-8: MUN MUNICIPAL USE:

   A.   Purpose: The purpose of the MUN District is to provide for the development of an area where Municipal entities are in a designated area suitable for uses generally recognized as Municipal in nature. All uses in the MUN District will be subject to the requirements of the Design Review Overlay.
   B.   Principal Uses Permitted Outright:
      Airports.
      Equipment and material storage.
      Municipal maintenance shops.
      Parks.
      Schools.
      Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines.
   C.   Conditional Uses:
      Manufacturing.
      Repair and maintenance shops.
      Retail stores and services.
      Or substantially similar to an established use as determined per section 10-3-6 of this title.
   D.   Density Provisions: Density in the MUN District shall be governed by the Building and Fire Codes currently adopted and in use by the City and appropriate design as determined by the design review process. The City’s building inspector will inspect all plans for compliance with the adopted Building Codes. A Municipal use that is located adjacent to a pre-existing residential or commercial use must, when the potential for glare, noise, dust, or other disruptive activity exists, provide buffering between the two (2) uses by means of a fence, wall, or landscaping. (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

10-4-9: AP-O AIRPORT OVERLAY:

   A.   Purpose: The purpose of the AP-O District is to protect the viability of the Priest River Airport by encouraging compatible land uses, densities, and reducing aviation hazards that may endanger the lives and property of the public and aviation user.
   B.   Airport Height Restriction Zones (Height Zones): In order to carry out the provisions of this title, there are hereby created and established certain zones which are shown on the Airport's Federal Aviation Regulation (FAR) part 77 Airspace Drawings. One original, official, and identical copy of the FAR part 77 Airspace Drawings reflecting the boundaries of the airport Height Zones of Priest River, Idaho is hereby adopted, and the Council is hereby authorized to sign and attest the map as the official Priest River Airport FAR part 77 Airspace Drawings of Priest River, Idaho.
One copy shall be filed in the Office of the City Clerk and shall be designated as exhibit 1. The City Clerk shall maintain this copy by posting thereon all subsequent changes and amendments.
Each portion of an area located in more than one of the following zones shall be evaluated independently according to the zone in which it is located.
      1.   Non-Precision Instrument Runway Approach Zone (Utility Aircraft): The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach zone expands outward uniformly to a width of two thousand feet (2,000') at a horizontal distance five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.
      2.   Visual Runway Approach Zone (Larger Than Utility Runway): The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach surface expands uniformly to a width of one thousand five hundred feet (1,500') at a horizontal distance five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.
      3.   Visual Runway Approach Zone (Utility Aircraft): The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty feet (250') wide. The approach surface expands uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal distance five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.
      4.   Transitional Zone: The transitional zones are the areas beneath the transitional surfaces.
      5.   Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet (5,000') or ten thousand feet (10,000') radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The horizontal zone was constructed with ten thousand feet (10,000') radii.
      6.   Conical Zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand feet (4,000').
   C.   Airport Height Zone Limitations: Pursuant to this section and except as otherwise provided in this title, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any Height Zone created by this section to a height more than the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the Height Zones in question as follows:
      1.   Non-Precision Instrument Runway Approach Zone (Utility Aircraft): Slopes twenty feet (20') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.
      2.   Visual Runway Approach Zone: Slopes twenty feet (20') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline. (Ord. 597, 8-6-2018)
      3.   Transitional Zone: Slopes seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of one hundred fifty feet (150') above the airport elevation. In addition, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the non-precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of five thousand feet (5,000') measured at ninety degree (90°) angles to the extended runway centerline. (Ord. 605, 8-5-2019)
      4.   Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation.
      5.   Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.
   D.   Excepted Height Limitations: In the area lying within the limits of the Horizontal and Conical Zones, nothing in this Code shall be construed as prohibiting the construction, maintenance, or growth of anything to a height that is less than one hundred fifty feet (150') above the surface of the land, except when, because of terrain, land contour or topographic features, such structure or growth would extend above the height limits prescribed herein.
   E.   Airport Compatible Land Use Overlay Zones (Land Use Zones): The controlled area of the airport is divided into Airport Compatible Land Use Overlay Zones (Land Use Zones). The purpose of such zones shall be to regulate the development of noise sensitive land uses; promote compatibility between the airport and the surrounding land uses; protect the airport from incompatible development; and promote the health, safety, and general welfare of property users. The Airport Land Use Zones established herein shall be known as:
      1.   Runway Protection Zone (RPZ)
      2.   Lateral Safety Zone (LSZ)
      3.   Critical Zone (ICZ)
      4.   Traffic Pattern Area (TPA)
      5.   Airport Influence Area (AIA)
   F.   Airport Compatible Land Use Overlay Zone Boundaries: The Airport Land Use Zone boundary lines shown on the official Airport Land Use Zone Map shall be located and delineated along contour lines established for the airport. Where uncertainty exists as to the boundaries of the Airport Land Use Zones as shown on the official map, the following rules shall apply:
      1.   Boundaries shall be scaled from the nearest runway end shown on the map.
      2.   Boundaries shall be scaled from the nearest physical feature shown on the map.
      3.   Distances not specifically indicated on the original Airport Land Use Zone Map shall be determined by a scaled measurement on the map.
Where physical features on the ground differ from the information shown on the official Airport Land Use Zone Map or when there arises a question as to how or where a parcel of property is zoned, and such questions cannot be resolved by the application of this subsection F, the property shall be classified as the most restrictive Airport Land Use Zone.
Where a parcel of land lies within more than one Airport Land Use Zone, the zone within which each portion of the property is located shall apply individually to each portion of the development.
   G.   Airport Land Use Zone Map: The boundaries of the Airport Land Use Zones set out herein shall be delineated upon the airport's Airport Land Use Zone Map, with said maps being adopted by reference and made a part of this Code as fully as if the same were set forth herein in detail.
One original, official, and identical copy of the Airport Land Use Zone Map that reflects the boundaries of the Airport Land Use Zones is hereby adopted, and the Council is hereby authorized to sign and attest the map as the official Airport Land Use Zone Map of Priest River, Idaho, and such map shall be filed and maintained as follows:
      1.   One copy shall be filed in the Office of the City Clerk and shall be within exhibit 1. The City Clerk shall maintain this copy by posting thereon all subsequent changes and amendments.
   H.   Use Of Land And Buildings: Within the Airport Land Use Zones as defined herein, no land shall hereafter be used, and no structure or other object shall hereafter be erected, altered, converted, or modified other than for those compatible land uses permitted by the underlying comprehensive zoning districts, as specified in this title. Additional land uses are prohibited in the Airport Land Use Zones, regardless of underlying zoning, as set forth in the Airport Compatible Land Use Table designated as exhibit 2 on file with the City.
Where any use of prohibited land and buildings set forth in this section conflicts with any use of land and buildings set forth in this title and/or Zoning Map, this chapter shall apply.
   I.   Additional Land Use Regulations: On property within the Airport Land Use Zone Map jurisdiction, but outside the jurisdictional limits of Priest River, Idaho, this section shall be used to formulate land use recommendations or responses to land use comment requests from other jurisdictions.
In the event of conflict between this section and any aviation hazard restriction, the most restrictive provision shall apply.
   J.   Disclosure Statement: Fair Disclosure Statement shall be provided to any applicant for a permit within an airport zone, or any prospective buyers of any structure or property within such zones. Further, the Fair Disclosure Statement shall serve to notify prospective buyers of property near airports that subject property is subject to the provisions of this section and lies within the Airport Influence Area and under the airport's FAR part 77 airspace. As such, it may be necessary to clear and keep clear the airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects. This includes reserving the right of the City to require: removal or demolishment of those portions of such buildings, structures, improvements, trees, or any other objects which extend into the airspace; cut to the ground level and remove any trees which extend into the airspace; the right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said parcel, and which extend into the airspace. The Fair Disclosure Statement shall also notify applicant for permit or prospective buyers that they may be exposed to potentially impactive levels of aircraft overflight, including but not limited to noise, vibration, fumes, dust, fuel or fuel particles, and other effects that may be caused by normal aircraft operations in or around an airport.
Before a permit shall be issued, the applicant shall sign the Fair Disclosure Statement and the Fair Disclosure Statement will be recorded in the deed records of the County. Upon the applicant's refusal, the City shall acknowledge that the applicant was made aware of the above- described impacts. Such statement shall be recorded in the deed records of the County.
Nothing stated herein is meant to provide pilots, crews, owners of aircraft, or any other person from protection from liability for negligence committed on their part.
   K.   Uses: All uses are permitted in the respective district with which the AP-O District is combined, subject to the provisions of those districts.
   L.   Airport Overlay Application Required: All districts with which the AP-O District is combined shall be required to apply for AP-O review consideration. Every person seeking design review consideration shall submit an application upon a form prescribed by the City. All applications shall be accompanied by appropriate architectural and site development plans to scale which shall show building locations, landscaping, permanent existing trees, ground treatment, fences, off-street parking and circulation, locations and size of adjacent streets, north arrow and property lines, drawings of major exterior elevations showing building materials and proposed color scheme, existing grade and proposed new grades.
   M.   Airport Overlay Considerations:
      1.   Pedestrian safety.
      2.   Height restrictions.
      3.   Disclosure.
      4.   Requirement for building limitations.
      5.   Compliance with applicable Idaho Transportation Department standards.
   N.   Action By City Council: Within a timely fashion after receipt of an application for AP-O review, the City Council shall investigate and hear every application and shall either approve or deny such application, the City Council may impose additional conditions or limitations as deemed necessary. Upon granting or denying the application the City Council shall specify:
      1.   The code and standards used in evaluating the application;
      2.   The reason for approval or denial; and
      3.   The actions, if any, that the applicant could take to obtain a permit.
The City Council shall direct the Administrator to issue a Zoning Certificate listing the conditions as specified by the City Council. The applicant or any person who appeared in person or in writing before the City Council may appeal the decision of the City Council to the First District Court.
   O.   Notification To Applicant: Within thirty (30) days after a decision has been rendered, the Administrator shall provide the applicant with written notice of the action on the request. (Ord. 597, 8-6-2018)

10-4-10: FPM FOREST PRODUCTS MANUFACTURING:

   A.   Purpose: The purpose of the FPM District is to provide for the location of areas for the storage, processing and manufacturing of timber and wood products, together with incidental and related uses. All uses in the FPM District will be subject to the requirements of the Design Review Overlay.
   B.   Principal Uses Permitted Outright:
Dry kilning.
Log scaling and processing preparatory to manufacture.
Log storage, including preservation.
Logging and sawmill equipment storage and repair.
Operation of commercial office functioning incidental to forest products manufacturing.
Saw milling and planing.
Saw milling by-products waste disposal (in accordance with the law).
Vehicle loading and unloading.
Uses and structures customarily incidental to a principal use permitted outright. All accessory uses require a building permit unless declared exempt under City building permit guidelines.
   C.   Conditional Uses:
Buildings and uses of public works, public service, or utility nature, including enclosed and/or screened equipment storage, repair yards, warehouse, or related activities.
Residential use incidental to a permitted use outright for the purpose of security, care facility/employees or owner/operator living unit.
Retail stores and services.
Other uses and structures customarily incidental to a principal use permitted outright.
Or substantially similar to an established use as determined per section 10-3-6 of this title.
   D.   Performance Standards And Density Provisions:
      1.   A landscaping buffer strip shall be maintained with landscaping and fencing adjacent to Residential zoned areas. The buffer shall be sixty feet (60') in width and fenced with a six foot (6') chain link fence that shall be provided within the sixty foot (60') buffer zone.
      2.   No vehicular access shall be permitted in the buffer zone except for emergency and utility access.
      3.   The buffer and required landscaping and fencing improvements shall be permanently maintained by the applicant, heirs, and assigns. The Administrator shall be notified when the required landscaping is completed. The required inter-planting shall be completed within one year of acceptance into the zone.
      4.   The applicant shall work with the Department of Environmental Quality and Panhandle Health District to mitigate any negative impacts on surrounding surface and subsurface waters, and to abide by State standards.
      5.   Other than the above-mentioned performance standards, density in the FPM District shall be governed by the Building and Fire Codes currently adopted and in use by the City and appropriate design as determined by the design review process.
      6.   A forest product manufacturing use that is adjacent to a pre- existing residential or commercial use must provide buffering between the two (2) uses as prescribed in the performance standards. (Ord. 597, 8-6-2018)

10-4-11: DRO DESIGN REVIEW OVERLAY DISTRICT:

   A.   Purpose: The purpose of the DRO District is to guide the general appearance of building and improvements to achieve the objectives of a Comprehensive Plan or a more detailed development plan as adopted by the City Council. The DRO District is superimposed over all Commercial, Mixed-Use Commercial, Rural Development, Municipal Use, Industrial, Forest Products Manufacturing, and Historic Districts.
   B.   Uses: All uses are permitted in the respective district with which the DRO District is combined, subject to provisions of those districts.
   C.   Design Review Application Required: All districts with which the DRO District is combined shall be required to apply for design review consideration. Every person seeking design review consideration shall apply upon a form prescribed by the City. All applications shall be accompanied by:
      1.   Appropriate architectural and site development plans to scale, showing:
         a.   Building locations.
         b.   Pre-existing trees and ground treatment.
         c.   Fences and landscaping.
         d.   Off-street parking and circulation.
         e.   Locations and size of adjacent streets.
         f.   North arrow and property lines.
         g.   Drawings of major exterior elevations showing building materials and proposed color scheme.
         h.   Existing grade and proposed new grades.
All of the drawings and plans shall be reviewed by the Administrator. Refer to section 10-7-1 of this title.
   D.   Design Review Considerations:
      1.   Pedestrian safety.
      2.   Entrance and exit safety.
      3.   Requirements for building setbacks.
      4.   Compliance with applicable Idaho Transportation Department standards.
   E.   Action By The Planning And Zoning Department: Within thirty (30) days after receipt of an application for design review, the Planning and Zoning Department shall investigate and review every application and shall either approve or deny the application. In approving an application, the Planning and Zoning Department may impose additional conditions or limitations as deemed necessary. Upon granting or denying the application the Planning and Zoning Department shall specify:
      1.   The code and standard used in evaluating the application;
      2.   The reasons for approval or denial; and
      3.   The actions, if any, that the applicant could take to obtain a permit. The Administrator shall issue a Zoning Certificate or report listing the conditions as specified by the Planning and Zoning Department. The applicant or any person, who appeared in person or in writing before the Planning and Zoning Department, may appeal the decision of the Planning and Zoning Department to the City Council, provided the appeal is submitted to the City Council within fifteen (15) days from the Planning and Zoning Department's action.
   F.   Notification To Applicant: Within thirty (30) days after a decision has been rendered, the Administrator shall provide the applicant with written notice of the action on the request. (Ord. 597, 8-6-2018)

10-4-12: DROH DESIGN REVIEW OVERLAY HISTORIC DISTRICT:

(Rep. by Ord. 616, 4-19-2021)