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Priest River City Zoning Code

CHAPTER 9

CONDITIONAL USES

10-9-1: CONDITIONAL USES; GENERALLY:

There are some uses in each zone that due to the restrictions of that zone are not permitted outright and must have conditional use review. A conditional use permit shall be submitted for the Planning and Zoning Department to review.
   A.   General Standards: The Planning and Zoning Department shall review the facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
      1.   Will, in fact, constitute a conditional use as established on the conditional use schedule for the zoning district involved;
      2.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title;
      3.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that use will not change the essential character of the same area;
      4.   Will not be hazardous or disturbing to existing or future neighboring uses;
      5.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
      6.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
      7.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
      8.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
      9.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
   B.   Conditional Use Permits:
      1.   Application: Application for a conditional use permit shall be made on a form provided by the Administrator. The application fee shall be set by the Priest River City Council via resolution. Applications shall contain at least the following information:
         a.   Name, mailing address, phone number and e-mail address of applicant and owner;
         b.   Legal description of property involved;
         c.   Existing use and zoning;
         d.   Description of proposed use;
         e.   A plan of the site for the proposed conditional use showing the location of all existing and proposed buildings, parking and loading areas, traffic access and circulation, open space, landscaping, refuse and service areas, utilities, signs, yards and any other information the Administrator may require, to determine if the proposed conditional use meets the intent and requirements of this title;
         f.   A narrative statement evaluating the effects on adjoining property; the effect on the environmental elements such as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district;
         g.   The names and mailing addresses, prepared by a title company, of all landowners and owners of real property, any part of which is located within three hundred feet (300') of the exterior boundaries of the subject property;
         h.   A land capability report prepared by a person or firm qualified by training and expertise to have knowledge of the subject. The report will identify the capability of the land to support the proposal with regards to flooding, drainage, erosion and sedimentation, and ground movement;
         i.   Copy of the current deed;
         j.   Current title report; and
         k.   Any supplemental materials and copies requested by the Administrator or which the applicant believes are relevant to the project.
      2.   Hearing Required: The City Council shall hold at least one public hearing prior to deciding on a conditional use request. Notice of the hearing will be given pursuant to the standards outlined in section 10-15-5 of this title.
      3.   Council Action: Within thirty (30) days after the public hearing and any continuances, the City Council shall approve, conditionally approve, or disapprove the application as presented. After the review the Administrator shall be directed to issue a conditional use permit listing the conditions which must be complied with to maintain City Council approval.
      4.   Decision: Upon granting or denying an application, the decision shall specify:
         a.   The code and standards used in evaluating the application;
         b.   The reasons for approval or denial; and
         c.   The actions, if any, that the applicant could take to obtain a permit.
      5.   Conditions: Conditions that may be attached to a permit may include, but are not limited to:
         a.   Minimizing adverse impacts on surrounding property;
         b.   Controlling the sequence and timing of the development;
         c.   Controlling the duration of the development identifying the date when the conditions are to be fulfilled and any associated resolution options;
         d.   Assuring the development is properly maintained;
         e.   Designating the exact location and nature of development;
         f.   Requiring the provision for on-site public facilities or services; and/or
         g.   Requiring more restrictive standards than those generally required by code.
      6.   Validity Of Permit: To benefit from the issuance of a conditional use permit, preliminary construction or operation must be commenced within one year of approval. An applicant may request a maximum of two (2) extensions of six (6) months each. Failure to receive a time extension or to commence construction or operation before the established time limit shall automatically invalidate permit approval.
All planned unit developments and conditional use permits, as a condition of approval, must have a signed agreement in place for development, sustained use, or any other special agreement as required by the City. The agreement is only valid for the proposal as presented for approval. Any changes to the project scope must have a new negotiated and signed agreement.
A conditional use permit shall not be completely validated until the conditions required pursuant to subsections B3 through B5 of this section are met. Permit approval may be revoked after the Council reviews a permit and determines the permit conditions are not being met.
   C.   Public Sales And Open Spaces: Public sales and open spaces shall conform to the following:
      1.   Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is in whole or in part within a proposed development, the Administrator shall notify the appropriate public agencies concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agencies may request the City Council to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days the City Council shall resume consideration of the conditional use application.
      2.   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.
      3.   Special Developments: In the case of planned unit developments and large-scale developments, the City Council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.
   D.   Conditions Of Use; Violations: In granting any conditional use, the City Council may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title. (Ord. 597, 8-6-2018)

10-9-2: RECREATIONAL VEHICLE (RV) PARKS:

   A.   Intent: This section establishes the minimum standards and requirements for the construction and occupation of recreational vehicle parks, which are intended for a temporary length of stay, especially as they relate to adjacent land uses and to the development of the whole community, to protect and secure the public health, safety and general welfare of the City.
   B.   Zoning Approval And Conditional Use Permit Required: No building permit shall be issued for the construction of a new recreational vehicle park or expansion of an existing recreational vehicle park within the City limits until the proposed location is approved by the Administrator and a conditional use permit for recreational vehicle park purposes is granted following a public hearing held in accordance with the procedures set forth in this title. The conditional use permit shall only be granted upon a showing being made to the satisfaction of the City Council that such action will be compatible with the overall development of the area where the recreational vehicle park is proposed to be constructed. Such showing shall be made in accordance with the following procedures:
      1.   Application: When any person desires to develop a recreational vehicle park that person shall file a conditional use permit with the City on a form provided by the City. A pre-application meeting between the developer and the Administrator shall be held to discuss the site design, location, public service needs, and related areas of concern for the proposed development.
      2.   Contents Of The Application: Together with the conditional use permit, each application for development of a recreational vehicle park shall include, at a minimum, the following:
         a.   The name, mailing address, phone number and e-mail address of the owner or an authorized agent and a legal description of the premises upon which the recreational vehicle park is proposed to be located;
         b.   Name of the recreational vehicle park and address;
         c.   Vicinity map showing relationships of the recreational vehicle park to adjacent properties;
         d.   Description of the current use and zoning;
         e.   One full sized and one (1) 11" x17" copy of a scaled site plan showing the following:
            (1)   The extent and area used for park purposes;
            (2)   Roadways, accessways and driveways;
            (3)   Location of pads for recreational vehicles showing dimensions of each space. Designation of each space by letter or number;
            (4)   An arrow indicating north;
            (5)   Location and number of sanitary conveniences, including restrooms, laundries, and utility rooms to be used by guests of the park;
            (6)   Method and plan of sewage disposal;
            (7)   Method and plan for refuse removal;
            (8)   Plan for water supply;
            (9)   Plan for electrical lighting of lots and spaces;
            (10)   Provision of parking spaces and accessory vehicle area;
            (11)   Location and size of recreation area;
            (12)   Grading and drainage of the property;
            (13)   Location of fire hydrants within or adjacent to the park.
      3.   Hearing Required: The City Council shall hold at least one public hearing prior to making a decision on a conditional use/recreational vehicle park request. Notice of the hearing will be given pursuant to the standards outlined in section 10-15-5 of this title.
   C.   Development Standards: The following shall be considered the minimum standards for a new, or the expansion of an existing, recreational vehicle park:
      1.   Landscaping And Screening Or Fencing:
         a.   Landscaped Areas: A minimum of one (1) 11/2-inch caliper shade tree and five (5) one-gallon shrubs shall be placed every thirty five feet (35') on the perimeter of the recreational vehicle park. Areas between recreational vehicle sites not required to be paved shall also be landscaped and include a minimum of one (1) 11/2-inch caliper shade tree per recreational vehicle site. All required landscaping shall be maintained by the owner on a continual basis.
         b.   Park Boundaries: Park boundaries shall be reasonably screened whether by barriers or ornamental fences, walls, trees, or shrubs, measuring at least six feet (6') in height, to assure reasonable integration with adjoining land usages and to assure health, safety and quiet enjoyment of the area. The individual fencing of recreational vehicle sites is prohibited.
      2.   Site Size And Density:
         a.   Site Size: Each recreational vehicle site shall be at least twenty five feet (25') wide and at least fifty feet (50') long and shall abut on a driveway or other clear area with unobstructed access to a public street. Such sites shall be clearly defined and marked. Recreational vehicles shall be parked in the sites so that there will be a minimum of fifteen feet (15') between vehicles, including slide-outs and tip-outs, and so that each recreational vehicle shall have a clearance of five feet (5') from the interior roadway to not block the interior roadway. No permanent structures, such as carports or decks may be attached to any recreational vehicle while it is in a park.
         b.   Density: There shall not be more than twenty five (25) recreational vehicles per acre. Minimum area shall be not less than two (2) acres.
      3.   Setbacks:
         a.   A recreational vehicle park shall be at least twenty five feet (25') back from any street or highway.
         b.   A minimum front yard setback at the main entrance of the park shall be twenty feet (20') from the property line, or greater if required by underlying zone. All others shall have a ten foot (10') setback.
         c.   A minimum of five feet (5') shall be required for the sides and rear yard.
         d.   No recreational vehicle shall be closer than five feet (5') from the exterior boundary of the park.
      4.   Parking: Vehicle parking within recreational vehicle parks shall conform to the following minimum standards:
         a.   A minimum of one space shall be provided as part of each recreational vehicle site. One common guest space shall be provided for every three (3) recreational vehicle sites.
         b.   A minimum of one space per two (2) recreational vehicle sites shall be required for parking of boats, trailers, and related items.
      5.   Occupant Improvements: Any site occupant shall not be permitted to erect, install or place any structure or facility upon the site.
      6.   Sanitary Dumping Station: All sanitary plumbing in the recreational vehicle park shall connect to the public sewer system and shall comply with the Plumbing Code and adopted appendices. All sewage disposal apparatus shall be provided, maintained and operated so as not to create a nuisance or health hazard.
   D.   Improvement Requirements: Improvement requirements for a new, or the expansion of an existing, recreational vehicle park are as follows:
      1.   Paving:
         a.   Roadways within accessways and sidewalks shall be paved with a crushed rock base and asphalt or concrete surfacing according to structural specifications.
         b.   Minimum surfaced width of the roadway within an accessway shall be twenty four feet (24') if there is no parking allowed, and thirty four feet (34') if parking is allowed on one side. The first fifty feet (50') of the accessway measured from the street shall be surfaced to a width of thirty four feet (34') and shall be connected to an existing street.
         c.   Any unimproved public street adjacent to a new recreational vehicle park must be improved by the developer with curb, gutter, and pavement to a width of one-half (1/2) plus eight feet (8') of roadway.
         d.   Interior roadways shall be designed so as to provide access to each individual unit.
         e.   Access and circulation shall meet standards set forth by the Public Works Department.
      2.   Patios: Each recreational vehicle site shall have a patio paved with asphalt, concrete, or suitable hard surfaced materials measuring at least one hundred (100) square feet.
      3.   Drainage: The recreation vehicle park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply.
      4.   Utilities: All utilities necessary to serve the recreational vehicle park shall be located underground and any necessary easements for maintenance and repair shall be granted to the affected utility owner.
         a.   Electricity: An electrical outlet supplying at least two hundred (200) amps shall be provided for each recreational vehicle site and service to light poles and recreational vehicle sites shall be underground, waterproof and shall comply with all Federal, State, and local standards.
         b.   Gas Service Connections: The park shall not provide gas service connections to any vehicles within the park. All gas service to recreational vehicles must be made from installed gas bottles and may not be supplied by separate external exchange tanks.
   E.   Water Supply:
      1.   Connection To Public Water System Required: All water connections shall connect to the public water system. Connection fees for each unit shall be the same as for manufactured home parks.
      2.   Accessible, Adequate And Potable Water Supply Required: An accessible, adequate, safe, and potable supply of water shall be furnished in each recreational vehicle park. A minimum of five (5) gallons per minute is required.
      3.   Piping: All water piping shall be constructed and maintained in accordance with the State of Idaho regulations for Public Drinking Water Systems, section 1.8500.
      4.   Water Outlet: One frost proof exterior water spigot shall be provided at each recreational vehicle site. A minimum of five (5) gallons per minute per recreational vehicle site is required.
   F.   Public Access: Parks must have frontage on at least one public street with a fifty foot (50') or wider right-of-way. Secondary access may be provided to public streets with narrower rights-of- way if approved by the Public Works Department. Access roads shall be provided to each recreational vehicle site. Each access road shall have a minimum width of twenty four feet (24'). No recreational vehicle site shall have direct frontage on any public street. Entrance driveways shall be located not closer than one hundred fifty feet (150') from any intersection of public streets.
   G.   Insects And Rodent Control: Insect control and rodent control measures to safeguard public health, as recommended by Panhandle Health District, shall be applied in the recreational vehicle park.
   H.   Inspection Of Premises: The building official or City Code Enforcement Officer shall have the power to enter, at reasonable times and upon proper notification to the manager, the premises of the park for inspecting and investigating conditions relating to the enforcement of this section. Enforcement of this section shall be vested in the City Chief of Police upon written complaints made by the building official, Administrator, Fire Chief, Panhandle Health District, or any of their designed representatives.
   I.   Pets: Pet control will be in accordance with title 5 of this Code.
   J.   Service Buildings: Recreational vehicle parks shall provide flush-type toilet fixtures, showers, and laundry facilities located for the benefit of all guests in accordance with industry standards. The location of these facilities shall be at least fifteen feet (15'), but not more than five hundred feet (500'), from any recreational vehicle site and shall not reduce the required amount of recreation area described in subsection K of this section. The following shall be the minimum standards required:
      1.   Restrooms: Must be well lighted, ventilated with screened openings, and constructed of moisture proof materials permitting satisfactory cleaning. Floors of concrete or similar material, slightly pitched to the floor drain. At least two (2) flush-type toilets for female and one flush-type toilet and one urinal for males for every five (5) recreational vehicle sites shall be required.
      2.   Showers: Must be well lighted and ventilated with screened openings and constructed of moisture proof materials permitting satisfactory cleaning. Floors of concrete or similar material, slightly pitched to the floor drain. Showers may be part of the restroom. At least one shower per sex for every five (5) recreational vehicle sites shall be provided but in no instance shall there be less than two (2) shower rooms. Each shower shall have a dressing area, and both shall be in a separate compartment from the toilet. Dressing rooms shall have a bench or stool included.
      3.   Laundry Facilities: One laundry unit per ten (10) recreational vehicle sites shall be required, but in no instance shall there be less than one laundry unit. Such unit may be housed in the same building as the restroom but shall be separate from the toilet rooms and shall have an exterior entrance only.
   K.   Recreational Areas: A recreation area shall be required in each recreational vehicle park. The recreation area shall be a minimum of five percent (5%) of the total park or four thousand eight hundred (4,800) square feet, whichever is larger. The recreation area shall be clearly designed on the site plan, shall be accessible to all recreational vehicle sites, and shall not be reduced below the minimum size or developed into rental spaces. Recreational areas shall be landscaped with grass and shade trees and maintained (by developer or owner) in a dust free manner.
   L.   Recreational Park Operations:
      1.   Assigned Space Required: No recreational vehicle shall be allowed to remain in the park without an assigned recreational vehicle space.
      2.   Duration Of Stay: Stays within the park are limited to:
         a.   Not more than ninety (90) consecutive days or for not more than one hundred eighty (180) days out of the calendar year; or
         b.   The duration of one of the recreational vehicle owner's employment at a seasonal job, plus ten (10) days after the seasonal job ends; or
         c.   The duration of one of the recreational vehicle owner's employment at a construction project, plus ten (10) days after the construction job ends.
         d.   If either subsection L2b or L2c of this section exceed the time allowed in subsection L2a of this section, then the actual period of employment plus ten (10) days shall control.
      3.   Permanent Office For Park Attendant: Recreational vehicle parks shall have a park attendant on site at all times. A permanent site-built office shall be constructed for the attendant. A permanent site-built house may be constructed for the use of the attendant.
   M.   Required Illumination Of Park Street And Walkway Systems: A lighting plan shall be approved by the Administrator.
   N.   Refuse Disposal: All recreational vehicle parks shall have a central collection area for refuse. The area shall be screened from view by a fence measuring not less than six feet (6'). Collection containers shall be weather, insect, and rodent proof.
   O.   Accessory Uses Within A Recreational Vehicle Park: Accessory uses within a park for the benefit of the guests, such as convenience store, fuel stops, canteens, pools, and clubhouses shall be permitted upon review.
   P.   Notices; Orders: Whenever the Administrator or Code Enforcement Officer determines that there has been a violation or there are reasonable grounds to believe that there has been a violation of any provision of this section, or of any regulation adopted pursuant thereto, notice of such alleged violation shall be given to the person responsible by the Planning and Zoning Administrator or Code Enforcement Officer.
      1.   Notice Requirements: Notices shall:
         a.   Be written;
         b.   State the alleged violation(s);
         c.   Allow a reasonable period of time to cure the alleged violation(s). In cases where the violation is a violation of Life Safety Codes or is an immediate danger to life and/or property or is a violation which cannot be corrected, the violation shall be cause to close the recreational vehicle park until the violation is corrected. In all other cases, the reasonable time for correcting the violation shall be set forth in the notice by the Administrator or Code Enforcement Officer, based upon the type of violation and what action must be taken to correct or cure the violation. The original reasonable time set may be extended by the Administrator or Code Enforcement Officer in cases where availability of materials or the weather justifies such an extension;
         d.   Be served upon the owner or his agent or the occupant, as the case may require; provided, that such notice or order be deemed to have been properly served upon such owner or agent, or upon such occupant by registered mail to his last known address, or when a copy has been posted in a conspicuous place on the premises affected by the notice, or when he has been served with such notice by any other method authorized or required by State law; and
         e.   Contain an outline of remedial action, which, if taken, will affect compliance with the provisions of this section and with the regulations, adopted pursuant thereto.
   Q.   Violations: Any person or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this section or permits any such violation or fails to comply with any of the requirements of this section, shall be guilty of a misdemeanor statute contained in Idaho Code section 18-113. Each week's continued violation shall constitute a separate additional violation. (Ord. 597, 8-6-2018)