In reviewing the application, the Planning and Zoning Department shall consider the following matters as related to the adopted comprehensive plan and code:

   A.   Considerations Relating To Traffic Safety And Traffic Congestion:

      1.   The effect of the site development plan on traffic conditions on contiguous streets;

      2.   The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives and walk ways;

      3.   The arrangement and adequacy of off-street parking facilities to prevent traffic congestion;

      4.   The location, arrangement and dimensions of truck loading and unloading facilities;

      5.   The circulation patterns within boundaries of the development; and

      6.   The surfacing and lighting of off-street parking facilities.

   B.   Consideration Relating To Outdoor Advertising: Consider the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent developments.

      C.   Considerations Relating To Outdoor Landscaping:

      1.   The location, height and materials of walls, hedges and screen plantings to insure harmony with adjacent parcels or to conceal storage areas, utility installations or other unsightly development;

      2.   Implementation of erosion sediment control (ESC) systems; and

      3.   The planting of ground cover or surfacing to prevent dust and erosion.

   D.   Considerations Relating To Drainage: Consider the effect of the site development plan in relation to the adequacy of the storm and surface water drainage proposals. (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

   A.   General Provisions:

      1.   No building or structure shall be erected, substantially altered (requiring a building permit), or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this section.

      2.   Whenever a building or structure changes use or is enlarged up to fifty percent (50%) in floor area, number of employees, seating capacity, number of dwelling units, or otherwise, to create a need for an increase in the number of existing parking and loading spaces, additional parking spaces shall be provided on the basis of the enlargement of change and thereafter comply with the full parking requirements set forth herein.

      3.   If for any reason the parking and loading space requirements of this section can be shown to be unusually high, then the parking and loading space provisions cited herein may be reduced proportionately by the City Council.

   B.   Location Of Parking Spaces: The following regulations shall govern the location of off-street parking spaces and areas:

      1.   Parking spaces for all residential dwelling units with a density of less than ten (10) units shall be located on the same site as the use which they are intended to serve.

      2.   Parking spaces for apartments, dormitories, or similar residential uses with a density of ten (10) or more units shall be located not more than three hundred feet (300') from the principal use.

      3.   Parking spaces for commercial, industrial or institutional uses shall be located not more than eight hundred feet (800') from the principal use.

   C.   Joint Use: Two (2) or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap; provided that a written agreement approved by the City Council shall be filed with the application for a building permit.

   D.   Access And Maneuvering Area:

      1.   Any parking area shall be designed in such a manner that any vehicle entering or leaving the parking area from or onto a public or private street shall be traveling in a forward motion. Residential uses with a density of less than ten (10) units are exempt from this requirement.

      2.   Access of driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving shall be clearly visible for a reasonable distance to any approaching pedestrian or motorist.

      3.   All maneuvering areas, ramps, access drives, etc., shall be provided on the property on which the facility is located; however, if such facility adjoins an alley, the alley may be used as a maneuvering area. Residential uses with a density of less than ten (10) units are exempt from this requirement.

   E.   Width Of Drive Aisles:

      1.   Drive aisles serving individual parking spaces shall not be less than twenty five feet (25') wide for ninety degree (90°) parking, twenty feet (20') wide for sixty degree (60°) parking, fifteen feet (15') wide for forty five degree (45°) parking, and twelve feet (12') wide for parallel parking (see diagram in subsection P of this section).

   F.   Minimum Distance And Setbacks:

      1.   No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet (20') to any dwelling unit, school, hospital, church or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen approved by the Administrator (see subsection N, “Screening And/Or Landscaping”, of this section).

      2.   No portion of any parking facility, except driveways and approaches, shall be located within five feet (5') of the front or side property lines. Commercial and industrial uses are exempt from this requirement.

      3.   No portion of any parking facility shall obstruct the visibility, for a reasonable distance, of motorists using any public or private street.

   G.   Surfacing:

      1.   All parking facilities shall be paved.

      2.   Driveways and approaches to a parking facility abutting a street improved with curbs and gutters shall be paved with hard surfacing to their full width for a minimum of twenty feet (20') in depth from the street right-of-way, or where there is a lesser setback, the hard surfacing shall be from the street to the parking facility.

      3.   Any building lot in a Commercial or a MU-C Zone used in whole or in part as a parking facility and which abuts a City street with curbs and gutters shall be improved with concrete sidewalks in accordance with City specifications.

   H.   Drainage:

      1.   All parking and loading areas shall provide for proper drainage of surface water and snow storage to prevent the drainage of the water onto adjacent properties.

      2.   Provisions shall be made in the construction and maintenance of the drainage facilities to protect the quality of stormwater from oils, silt, and other contaminants.

      3.   The use of porous cement or pervious pavement is encouraged.

      4.   In areas where a proper storm drainage system is not available at the time of parking facility construction, the on-site drainage system shall be located and constructed so that it can be connected to a new storm drainage system with a minimum of disruption and expense. The design of any such drainage system shall be submitted to the Public Works Supervisor for approval.

   I.   Maintenance:

      1.   The owner of property used for parking and/or loading shall maintain the facility in accordance with good practice without holes and free of snow, dust, trash and other debris.

      2.   Failure to keep the parking lot surfaces reasonably clean of snow and debris, failure to keep storm catch basins properly clean and functioning and failure to remove and replace dead plant material or to remove noxious weeds shall be specifically included in the term “failure to maintain the facility in good practice” and shall be deemed a violation of this title and therefore subject to the penalties as established.

   J.   Lighting:

      1.   Any parking area shall be properly illuminated during non-daylight hours to avoid accidents. Residential uses are exempt from this requirement.

      2.   Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property.

   K.   Wheel Blocks: Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.

   L.   Striping: All paved parking areas with a capacity over ten (10) vehicles shall be striped to facilitate the movement into and out of the parking stalls.

   M.   Signs:

      1.   The entrances and exits to the parking area shall be clearly marked.

      2.   Parking areas having more than one aisle or driveway shall have directional signs or markings in each driveway or aisle.

      3.   Parking area directional signs shall have a maximum size of four (4) square feet.

   N.   Screening And/Or Landscaping:

      1.   Slopes and other areas between the parking areas and street rights- of-way or property lines shall be landscaped with grass, hardy shrubs, trees or evergreen groundcover and shall be maintained in good condition.

      2.   All paved parking areas located in, or adjacent to, a Residential District or existing residence, shall be effectively screened from view on all sides which adjoin or face any property used for residential purposes, by an acceptably designed wall, fence or planting screen. The fence, wall or planting screen shall not be less than four feet (4') or more than seven feet (7') in height and maintained in good condition. The space between the fence, wall or planting screen, and the lot line of the adjoining premises in any Residential District or of any existing residence shall be landscaped with grass, hardy shrubs, trees or evergreen groundcover and shall be maintained in good condition. In the event that terrain or other natural features are such that the erection of the fence, walls or planting screen will not serve the intended purpose, the Administrator may waive, specifically, this requirement.

      3.   All parking facilities of twenty (20) or more parking spaces which abut a street right-of-way shall provide, on-site, one tree for every twenty (20) parking spaces or fraction thereof unless declared specifically exempt by the Administrator.

      4.   Parking facilities in the downtown area, which abut a street right- of-way, shall provide one street tree for every twenty five feet (25') of property abutting the right-of-way. Should the planting of a street tree be physically unfeasible, the Administrator may require suitable landscaping abutting the street right-of-way.

   O.   Design Standards:

      1.   All parking facilities shall be designed to City standards and approved by the City Council. Plans for parking facilities are required prior to construction and shall indicate ingress, egress, grade,drainage facilities, location of all plantings, base and surface materials.

      2.   All nonresidential parking facilities with more than twenty (20) parking spaces shall provide the equivalent of one parking space for every twenty (20) parking spaces included in the facility for the temporary storage of bicycles. The space for bicycle storage shall provide a convenient and sturdy rack or bar to which bicycles can be attached to prevent theft. This requirement may be waived by the City Council if it can be demonstrated that due to location or predominant use of the parking facility, the bicycle space would not be reasonably utilized.

      3.   All nonresidential parking facilities with more than ten (10) parking spaces shall provide and reserve one parking space for every ten (10) parking spaces included in the facility for the handicapped in accordance with Federal Standard Specifications for facilities of the handicapped.

   P.   Parking Space Design And Dimensions: Off-street parking spaces shall be provided in accordance with the following diagram:

DIAGRAM: PARKING SPACE DESIGN AND DIMENSIONS

 

 

   Q.   Requirements For Each Use:

      1.   Residential Uses:

         a.   A minimum of two (2) off-street parking spaces per dwelling is required.

         b.   All vehicles other than passenger cars and pickups under six thousand (6,000) gross vehicle weight shall be parked off the public right-of- way.

         c.   Large vehicles over sixteen thousand (16,000) gross vehicle weight must use designated truck routes. Service related activities are exempt from truck route requirements (i.e., trash collection, material delivery to projects, etc.).

      2.   Commercial Uses:

         a.   Off-street parking for commercial uses shall be provided for at the rate of one space per three hundred (300) square feet of floor area unless otherwise stated in section “R” of this Code.

         b.   Businesses shall provide for off-street parking of all commercial vehicles over sixteen thousand (16,000) gross vehicle weight.

      3.   Light Industrial And Forest Products Manufacturing Uses: Parking shall be provided for at the rate of one parking space for every two (2) employees (on the largest shift for which the building is designed) plus one for each motor vehicle used for operation.

   R.   Parking Space Requirements For Specific Uses: For the purpose of this section, the following off-street parking space requirements shall apply:

 

   S.   Loading Spaces Required:

      1.   Quantity And Type:

 

 

      2.   Size: The size of off-street loading spaces shall not be less than the following, exclusive of access platform and loading area:

 

 

      3.   Access: Convenient access to loading spaces shall be provided and shall not be less than twelve feet (12') in width.

      4.   In Required Yards: Loading spaces may be located in required yards, providing the space is not roofed.

      5.   Location: Loading spaces shall be located entirely on the property they serve. (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

   A.   Purpose And Intent: Shoreline areas are valuable and fragile natural resources and as such special provisions must be made for their protection, utilization, restoration, and preservation.

   B.   Definitions: For the purpose of this section, the following words are defined:

   DEVELOPMENT: A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or mineral; bulk heading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature, which occurs within a shoreline area or below the ordinary high water mark of surface waters, or interferes with the normal public use of surface waters and/or shoreline areas, except the following shall be excluded from this definition:

      1.   Normal maintenance of existing structures or developments, including damage by accident, fire, or elements.

      2.   Emergency construction necessary to protect property from damage by the elements.

      3.   Construction and practices normal or necessary for the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. Provided, that activities of a commercial nature, alteration of the contour of the shoreline area by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary activities.

      4.   Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands.

      5.   Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on the effective date of this section which were created, developed, or utilized primarily as a part of a drainage or diking system.

   ORDINARY HIGH-WATER MARK: The ordinary high-water mark on all lakes and streams is that mark found by examining the bed and banks and ascertaining where the presence and action of waters are common and usual, and continuation throughout ordinary years, has created a mark upon the soil, of distinct characteristic, from that of the abutting upland soils.

   SHORELINE AREAS: Shoreline areas shall mean those lands extending landward for two hundred feet (200') in all directions as measured on a horizontal plane from the ordinary high-water mark.

   SURFACE WATERS: All lakes, streams, and other bodies of water, within the area of City jurisdiction, are the surface waters as covered by this section.

   C.   Compliance: Any person planning to conduct a development, as defined by this section, shall comply with the following standards:

      1.   All construction development shall be set back at least forty feet (40') from the ordinary high-water mark.

      2.   All construction development shall be in compliance with section 10-7-4, “Stormwater Management”, of this chapter.

      3.   All construction development shall have necessary permitting and/or letters of compliance from all affected agencies before construction begins. All future construction on the same parcel of land shall have separate permitting and/or letters of compliance.

   D.   Penalties: Penalties for noncompliance with this section shall be those penalties prescribed in section 10-15-3 of this title. (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

   A.   Intent: The intent of this section is to require implementation of surface water management techniques which rely upon natural on-site treatment and recycling of stormwater as opposed to collection and conveyance of untreated stormwater into ground water sources or into surface bodies of water. However, the City has established a stormwater collection system in certain areas of the City limits and will review proposals to determine the feasibility of future connections to this system.

The desired goal for implementation of such regulations is the protection of ground water quality through pretreatment of stormwater prior to infiltration and protection of surface water resources from the effects of contaminants, sedimentation, and erosion.

   B.   Applicability: The achievement of standards, employment of methods, and techniques required by this section shall be applicable in the following circumstances:

      1.   Development of every new subdivision of land within the jurisdiction of the City of Priest River;

      2.   All commercial and industrial site development for which grading, site development, construction, or building permits may be required pursuant to the land use regulations of the City of Priest River;

      3.   All public projects within the jurisdiction of Priest River including, but not limited to, street construction or reconstruction (modification of the cross-section, not to include resurfacing), park development, building development, or other public works construction or development. Except as necessary to maintain the continuity of existing stormwater handling systems, all new construction as outlined in this subsection B, shall employ the methods for stormwater management required by this section and shall otherwise be designed to minimize adverse impacts upon the surface and ground water quality; and

      4.   Every building or land development permit where land- disturbing activity is to occur on any part of sites with a slope greater than eight percent (8%) or on sites less than three hundred feet (300') distant horizontally from and located vertically above any surface water in the form of a perennial or intermittent stream, river, pond, lake, wetland, or similar surface feature which can be determined from USGS 7.5-minute quadrangle topographic maps. Stormwater Management Plans may not be necessary for individual building sites if runoff from the site has been accommodated by an approved Stormwater Management Plan for the subdivision in which the site is located. However, detailed erosion control plans may still be required. The Administrator may allow a building permit to be issued for minor additions to existing improvements without the preparation of a Stormwater Management Plan if, in using their professional judgement, the requirements of this section can be met by existing site conditions.

   C.   General Requirements: Unless otherwise lawfully excused from compliance with the standards set forth in this section, all development to which this section is applicable shall comply with the following requirements and methods for stormwater management control:

      1.   Stormwater, in accordance with the performance standards set forth herein, shall be directed by non-erosive means to grass infiltration areas (GIAs) when appropriate. If the proposed development exceeds site limitations for grass infiltration methods, then an acceptable alternative stormwater collection, treatment, disposal system shall be implemented in accordance with an approved stormwater management plan, subject to review and approval by the City. Grass infiltration areas or other approved alternative on-site stormwater collection and treatment systems may be approved by the City during the development review process;

      2.   All development subject to this title shall be carried out such that the runoff of stormwater or other surface waters shall not be accelerated, concentrated, or otherwise conveyed beyond the exterior property lines or project boundaries except in compliance with the provisions of Best Management Practices (BMPs) adopted pursuant to this title or as allowed through joint management of stormwater with adjoining property owners pursuant to agreement approved by the City. The quality of surface runoff shall be protected by strict compliance with the design standards and BMPs adopted pursuant to this title, or by implementation of measures shown by a qualified, licensed professional, to have an effective design capability which exceeds the BMPs adopted;

      3.   Each land owner developing real property subject to the terms of this title shall develop a comprehensive Stormwater Management Plan which addresses and complies with the requirements and standards established by this section and the plan criteria, design standards and BMPs approved by a qualified, licensed professional, who shall submit both construction-quality design drawings and supporting calculations for review by the City prior to start of construction. Each Stormwater Management Plan shall also identify necessary maintenance requirements; and

      4.   Each developer who proposes and implements a stormwater management system for collection of treatment of stormwater in accordance with this section shall also establish, including assurance of adequate funding, the necessary maintenance system including an acceptable plan for sustained functioning of the collection and treatment system, and, when requested, grant the necessary easements, to the local government which may choose to provide continued maintenance of the system by public authorities or may require the owner to accomplish the same. For purposes of application of the design standard and other related documents and standards, the City of Priest River shall be designated as the "permit authority".

   D.   Performance Standards: The following performance standards shall be applicable to all design, construction, implementation, and maintenance of stormwater management systems pursuant to the jurisdiction exercised through this section:

      1.   There shall be no increase in the peak rate of runoff from this site when compared with the dissipation of stormwater in the undeveloped state for a 25-year/24-hour storm based on the first one-half inch (1/2") of stormwater runoff. Within project boundaries, sufficient retention capacity shall be constructed to detain surface flow to meet the performance standard established by this subsection D. For purposes of this section, "undeveloped state" shall mean the natural soils and vegetation in place prior to the start of any construction or clearing activity on a site;

      2.   No stormwater shall be collected or concentrated except within a channel protected against erosion and containing energy dissipation measures to prevent further erosion on adjoining lands. Existing unprotected channels shall be protected against further erosion on adjoining lands. Any site development or construction shall preserve installed components of a stormwater management plan. All disturbed soils shall be protected during the course of construction to prevent exposure to stormwater and to contain eroded materials should contact be made; and

      3.   Any and all collected stormwater shall be directed to grass infiltration areas (GIAs) which shall be established with grass and other approved plant materials or to an acceptable stormwater management design. GIAs or their acceptable alternatives shall be sized to hold and treat the first one-half inch (1/2") of stormwater runoff from all impervious surfaces. The overall stormwater disposal system shall have the capacity to handle a 25-year/24-hour storm based upon the appropriate Idaho Transportation Department intensity-duration-frequency (IDF) curve, without damage to the stormwater management system or adjacent land and improvements.

   E.   Guarantee Of Installation: No final plat shall be recorded, nor shall any building permits be issued until the stormwater management facilities are in place and functioning as designed or until a guarantee of financial surety is provided to and accepted by the City. No Certificate of Occupancy will be issued until the stormwater management system has been installed and is functioning as designed. If, in the judgment of the Administrator, project occupancy can be achieved without harm to the environment or potential occupants, occupancy may proceed upon receipt of an acceptable guarantee or financial surety to complete installation when weather conditions or other variables allow. In no case shall such guarantee be allowed if the incomplete improvements would result in increased erosion, sedimentation, or other damage to the development, public improvements, subsurface or surface waters, or the proposed stormwater management system. At any time, the City is authorized to stop work on the installation of subdivision improvements, to embargo further issuance of building permits in a development, to stop work on any individual building or development of any individual building site, or to otherwise take steps necessary to protect the waters of the City from damage as a result of development.

   F.   Prohibited Conduct: No person shall damage, harm, or fail to install or complete, or otherwise impair the grass infiltration areas or any portion of a stormwater management system installed pursuant to this section. Unless other provisions are made in the process of development review and approval, responsibility for maintenance of stormwater elements remains with the property owner and violation of these maintenance requirements shall constitute a violation of this section.

   G.   Variance: A variance from the requirements of this section or from the design standards adopted pursuant to this section may be reviewed and/or granted based on a determination of unique site characteristics. Variances may only be granted in such circumstances if the approval of the variance would not otherwise impair achievements of the standards or purpose of this section, would not impose additional burden upon adjoining or downstream lands or landowners, or otherwise disrupt the scheme of stormwater management in the community. It shall be incumbent upon anyone requesting a variance to provide data showing that alternative methods of stormwater handling proposed will produce comparable efficacy of the stormwater management measures required by this section. No variance shall be issued unless all elements of this subsection are met. Any request for variance shall follow the procedures outlined in section 10-13-1 of this title. (Ord. 597, 8-6-2018)

   A.   Purpose And Intent: Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title.

   B.   Animal Clinic, Animal Hospital, Veterinary Office And Kennel:

      1.   Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The Administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property; and

      2.   Will comply with all State and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

   C.   Animal Commercial Feed Lots, Meat Packing, Processing Plant And Slaughterhouse Facilities:

      1.   Will be located, when housing animals, feed lot or holding pens, not less than six hundred feet (600') from any residence, except for an owner's residence. The facilities shall have a minimum setback of thirty feet (30') from any property line and view obscuring buffer;

      2.   Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of nuisance factors such as odor; and

      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance and shall also be subject to the health authority's requirements as to the elimination of waste materials and the maintenance of water quality control.

   D.   Bulk Storage Of Flammable Liquids And Gases, Above Ground And For Resale:

      1.   Will be located at least three hundred feet (300') from a Residential Zone, a residence, motel, hotel, except for an owner's residence;

      2.   Will be erected subject to the approval of the Fire Chief; and

      3.   Will have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the Fire Chief.

   E.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the Fire Chief.

   F.   Contractors' Yard:

      1.   Will be located a minimum distance of three hundred feet (300') from any residence except for the owner's residence;

      2.   Will have a screening fence around areas utilized for storage of equipment and materials; and

      3.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses unless conditionally approved.

   G.   Drive-In Restaurant:

      1.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties;

      2.   Will have a six foot (6') high, sight-obscuring fence along the property lines that adjoin a residence. The last fifteen feet (15') to the property line where entrances/exits exist shall be a see-through fence that does not impede vision;

      3.   Will provide for adequate trash receptacles; and

      4.   Will avoid the direction of night lighting toward any residence.

   H.   Filling, Grading, Lagooning, Dredging, Or Other Earth-Moving Activity:

      1.   Will result in the smallest amount of bare ground exposed for the shortest time feasible;

      2.   Will provide temporary ground cover, such as mulch;

      3.   Will use diversions, silting basins, terraces and other methods to trap sediments;

      4.   Will provide lagooning in such a manner as to avoid creation of fish trap conditions;

      5.   Will not restrict a floodway, channel or natural drainage way;

      6.   Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;

      7.   Will not have below-grade excavation except for drainage ways within fifty feet (50') of any lot line or public right-of-way; and

      8.   Will restore topsoil or loam to a depth of not less than four inches (4").

   I.   Gravel Pits, Rock Quarries, Sand And Clay Pits, And Other Natural Resources Of Commercial Value:

      1.   The extent and method of rehabilitation shall be determined in advance of issuing a zoning certificate with due consideration given to what is suitable and compatible with the surrounding area;

      2.   Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for loading, measuring or weighing of salable material in storage, shall be entirely removed from the property; and

      3.   Safety fencing shall be erected around all pits that create a safety hazard (non-barbed wire, 6 feet in height).

   J.   Home Occupation:

      1.   No more than one person other than members of the family residing on the premises shall be engaged in such occupation;

      2.   A current City issued building registration is required each year;

      3.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than thirty five percent (35%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;

      4.   There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, non-illuminating and mounted flat against the wall of the principal building;

      5.   No significant traffic shall be generated by the home occupation and any need for parking generated by the conduct of the home occupation shall meet the off-street parking requirements as specified in this chapter and shall not be located in a required front yard;

      6.   No equipment or process shall be used in the home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises; and

      7.   Home occupation does not include daycares as defined in Idaho Code title 39. (Ord. 597, 8-6-2018)

In addition to all yard regulations specified in a district density provision section and in other sections of this title, the following provisions shall be adhered to:

   A.   Visibility At Intersections: 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.

   B.   Fence And Wall Restrictions In Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of two and a half feet (21/2') and ten feet (10').

      1.   Exception: No fences shall exceed four feet (4') in height in front of a dwelling in a Residential Zone, beginning at the farthest architectural projection of each side of a dwelling, or dwelling and attached garage or carport, unless a design is submitted for approval that meets safety and design criteria to the satisfaction of the Administrator. Fences beginning at the farthest front corner of each side of the dwelling, or dwelling and attached garage or carport, and extending rearward may be seven feet (7') in height.

   C.   Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate district.

   D.   Side And Rear Yard Requirements For Non-Residential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a Residential District, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Planning and Zoning Department is provided. Such screening shall be a masonry or solid fence between six feet (6') and eight feet (8') in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting.

   E.   Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural elements shall be considered part of the building to which attached and shall not project into the required minimum front, side or rear yard.

   F.   Exceptions To Height Regulations: The height limitations contained in the density provision sections do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft as determined by the Federal Aviation Administration, at an established airport.

   G.   Maintenance: All fences shall be maintained in good condition and kept free of all weeds, debris, and trash.

   H.   Hazardous Fences:

      1.   Electric Fences: It is unlawful for any person to erect or maintain any fence, where any part of the fence may be electrified, in any area of the City except animal impound fences on residential property zoned for the keeping of large animals as defined in chapter 4 of this title.

      2.   Barbed Wire Or Razor Wire Fences: It is unlawful for any person to erect or maintain any fence constructed in whole or in part of barbed wire or razor wire except as a property guard on Commercial, Industrial or Municipal Use zoned property, or, with the approval of the Administrator, as an animal impound fence on residential property zoned for the keeping of large animals as defined in chapter 4 of this title. Any person wanting to use barbed wire or razor wire fence used as a property guard on Commercial, Industrial or Municipal Use-zoned property that borders residential property must submit a request to, and receive the approval of, the Administrator. (Ord. 597, 8-6-2018)

The following manufactured home placement standards shall apply to all zoning districts where residential uses are allowed outright or conditionally. These standards are not intended to exceed the placement standards required for other single-family dwellings.

Mobile homes, as defined herein cannot be allowed outright in any zoning district but must provide proof of rehabilitation to ensure life safety. Rehabilitation must comply with Idaho Code 44-25.

   A.   R-1 Residential Zone District: Manufactured homes shall:

      1.   Be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation but have a minimum of eighteen inches (18") of crawlspace;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator;

      5.   Have a garage or carport constructed of like materials. The Administrator may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings; and

      6.   A roof must be constructed over the manufactured home that will meet the necessary fifty (50) pounds per square foot required snow load.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   B.   MU-R Mixed-Use Residential Zone District: Manufactured homes shall:

      1.   Be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation but have a minimum of eighteen inches (18") of crawlspace;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width; (Ord. 597, 8-6-2018)

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; (Ord. 605, 8-5-2019)

      5.   Have a garage or carport constructed of like materials. The Administrator may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings; and

      6.   A roof must be constructed over the manufactured home that will meet the necessary fifty (50) pounds per square foot required snow load.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   C.   R-2 Residential Zone District: Manufactured homes shall:

      1.   Be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation but have a minimum of eighteen inches (18") of crawlspace;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; and

      5.   A roof must be constructed over the manufactured home that will meet the necessary fifty (50) pounds per square foot required snow load.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   D.   R-5 Residential Zone District: Manufactured homes shall:

      1.   Be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation but have a minimum of eighteen inches (18") of crawlspace;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; and

      5.   A roof must be constructed over the manufactured home that will meet the necessary fifty (50) pounds per square foot required snow load.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   E.   C Commercial Zone District: Manufactured homes shall:

      1.   Be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation but have a minimum of eighteen inches (18") of crawlspace;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; and

      5.   A roof must be constructed over the manufactured home that will meet the necessary fifty (50) pounds per square foot required snow load.

   This subsection shall not be construed as abrogating a recorded restrictive covenant.

   F.   MU-C Mixed-Use Commercial Zone District: Manufactured homes shall:

      1.   Be multi-sectional and enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation but have a minimum of eighteen inches (18") of crawlspace;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; and

      5.   A roof must be constructed over the manufactured home that will meet the necessary fifty (50) pounds per square foot required snow load.

   This subsection shall not be construed as abrogating a recorded restrictive covenant. (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

The following “site-built” home standards shall apply to all zoning districts where residential uses are allowed outright or conditionally. These standards are not intended to exceed the placement standards required for other single-family dwellings.

   A.   R-1 Residential Zone District: “Site-built” homes shall:

      1.   Enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; and

      5.   Have a garage or carport constructed of like materials. The Administrator may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   B.   MU-R Mixed-Use Residential Zone District: “Site-built” homes shall:

      1.   Enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator; and

      5.   Have a garage or carport constructed of like materials. The Administrator may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   C.   R-2 Residential Zone District: “Site-built” homes shall:

      1.   Enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width; and

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   D.   R-5 Residential Zone District: “Site-built” homes shall:

      1.   Enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width; and

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   E.   C Commercial Zone District: “Site-built” homes shall:

      1.   Enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width; and

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator.

      This subsection shall not be construed as abrogating a recorded restrictive covenant.

   F.   MU-C Mixed-Use Commercial Zone District: “Site-built” homes shall:

      1.   Enclose a space of not less than one thousand (1,000) square feet;

      2.   Be placed on an excavated and back-filled foundation and enclosed at the perimeter so that the home is located not more than twelve inches (12") above grade at the top of the foundation;

      3.   Have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width; and

      4.   Have exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Administrator.

   This subsection shall not be construed as abrogating a recorded restrictive covenant. (Ord. 597, 8-6-2018; amd. Ord. 634, 6-17-2024)

A development agreement is a written document outlining the obligations between the City of Priest River and the developer regarding completion of subdivision improvements, conditional use permit conditions and/or conditions of preliminary plat approval, long-term maintenance, and the responsibilities of the development.

The purpose of a development agreement is to address subdivision conditions of approval, terms of mitigation, scope of development, construction improvements, timetables for completion, processing final plats, and the City final review and approval process for improvements. (Ord. 634, 6-17-2024)

A development agreement shall constitute a binding contract among the developer of a proposed subdivision, the property owners of the proposed subdivision, and the City (the Parties). The agreement shall contain those terms and conditions agreed to by the parties and those required by this title and other legal requirements. The Administrator and/or staff of the City in conjunction with the City Attorney, are authorized to negotiate development agreements on behalf of the City, subject to final City Council approval. The development agreement requirement may be waived for certain subdivisions and conditional use permits upon a finding by the Administrator that it is not needed. (Ord. 634, 6-17-2024)

The development agreement shall be negotiated by the Administrator and/or City staff and City Attorney and approved by the City Council. A brief statement shall be included describing the subdivision, its location, number of lots, preliminary plat, area map, and the date of subdivision approval by City Council. The agreement must include but is not limited to; the following:

   A.   Any conditions of approval contained in the final City Council decision document;

   B.   Time limit, and provisions for extension or extinguishing the agreement;

   C.   Phasing plan, if any, and a description of any required temporary improvements and the terms of those improvements;

   D.   A construction schedule and description of construction improvements to be installed on and off site and the responsibilities of the developer and the City.

   E.   Specifics of any public or private dedications and required maintenance.

   F.   Any additional information deemed necessary by the City to fully address the scope and responsibilities of the parties. (Ord. 634, 6-17-2024)

   A.   Staff shall prepare a final development agreement for City Council consideration after completion of the negotiations and approved by the developer. The agreement may be considered at any regular or special meeting of the City Council, allowing time for proper meeting notice.

   B.   The agreement shall be recorded with Bonner County and run with the land and bind all successors, heirs, and assignees of the developer.

   C.   The development agreement shall expire as set forth in the agreement, or upon certified letter by the City, of a release with the developer when the terms of agreement have been satisfied or are no longer valid, whichever comes first. If no construction is started, the development agreement shall expire simultaneously with the preliminary plat expiration date. An extension may be granted if a plat extension is approved. (Ord. 634, 6-17-2024)

Except as otherwise expressly provided in a development agreement, the development agreement shall create no rights enforceable by any party not a party to the development agreement. Purchasers of lots in approved subdivisions are not deemed to be third party beneficiaries of development agreements. (Ord. 634, 6-17-2024)

Any breach of a development agreement by the City shall not give rise to monetary damages but shall be enforceable only by resort to an action against the City for specific performance. A substantial and material breach of a development agreement by a developer or owner may be cause for termination of the agreement. No provision of any development agreement, which is contrary to the law, may be enforced. (Ord. 634, 6-17-2024)

   A.   A maintenance agreement shall be included in a development agreement when a developer is required to maintain existing or future City and public services in the development.

   B.   The maintenance agreement shall set forth the duties and responsibilities of the developer regarding the ongoing maintenance of the public improvements that are installed by the developer that are in excess of those required by the City and are installed for the purpose of enhancement of the aesthetics of the development and are to be maintained by the developer.

   C.   The maintenance agreement shall be attached to or made a part of the development agreement.

   D.   The Developer is required to warrant the improvements for a period of one (1) year after formal acceptance by the City. (Ord. 634, 6-17-2024)