The purposes of performance standards is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

In addition to all yard regulations specified in the official schedule of district regulations 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 (2 1/2') and ten feet (10') above the centerline grades of the intersecting 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 within fifteen feet (15') of right-of-way which materially impedes vision across such yard between the height of three feet (3') and ten feet (10');

   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;

   D.   Side And Rear Yard Requirements For Non-Residential Uses Abutting Residential Districts: Non-residential 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 Administrator is provided. Such screening shall be a masonry or solid fence between four feet (4') 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 ten feet (10') in width planted with an evergreen hedge or dense planting of shrubs (five (5) gallon) and deciduous two inch (2") caliper trees spaced at twenty feet (20') on center at the time of planting;

   E.   Architectural Projections: Open structures such as covered porches, canopies, balconies, covered platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum side yard. Ten feet (10') wide projections may project into the front yard a maximum of four feet (4') and into a rear yard six feet (6').

   F.   Exceptions To Height Regulations: The height limitations contained in the official schedule of district regulations 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 takeoff of aircraft at an established airport. (Ord. 402, 5-5-1987; amd. Ord. 2013-560, 5-7-2013; Ord. 2021-619, 9-14-2021; Ord. 2025-650, 1-23-2025)

In addition to all other regulations as specified in this title, the following provisions shall be adhered to:

   A.   Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:

      1.   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;

      2.   The lot area per family equals the lot area requirements for new structures in that district;

      3.   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and

      4.   A Building Permit is procured, and the conversion is in compliance with all other relevant codes and ordinances.

   B.   Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Planning Administrator;

   C.   Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed building or carport. However, one boat and one travel trailer may be stored on the side or rear yard;

   D.   Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall of fence of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning Administrator shall be provided; and

   E.   Development Close To An Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas as required by the State Department of Transportation, Division of Aeronautics and Public Transportation and Federal Aviation Administration. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:

   A.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the International Fire Code and the National Safety Foundation publications;

   B.   Radiation Or Electrical Disturbance: No activity shall emit harmful radiation at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance;

   C.   Noise: Objectionable noise as determined by the Planning Administrator which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement;

   D.   Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property;

   E.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Department;

   F.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street;

   G.   Erosion: No erosion, by man, wind or water, shall be permitted which will carry objectionable substances (including mud) onto neighboring properties;

   H.   Water Pollution: Water pollution shall be subject to the requirements and regulations established by the Health Department;

   I.   Enforcement Provisions: The Planning Administrator, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances; and

   J.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, and the Health Department. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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.

   A.   Accessory Building:

      1.   Will not be located in any required front yard area; and

      2.   Will not be located closer than five feet (5') from any side or rear property line.

   B.   Agriculture (Buffer Area):

      1.   Will be maintained as an untilled filler strip or natural vegetation provided for between tilled ground and the normal high-water elevation of any surface water areas. The width of this strip shall vary according to the average slope of the land as follows:

 

 

      2.   Will be maintained to minimize soil erosion, sedimentation, contamination and nutrient enrichment of ground and surface water.

   C.   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.

   D.   Animal Commercial Feed Lots, Meatpacking, Processing Plant And Slaughterhouse Facilities:

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

      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 such nuisance factors 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 requirements as to the elimination of waste materials and the maintenance of water quality control.

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

      1.   Require a Conditional Use Permit and 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.

   F.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing:

      1.   Require a Conditional Use Permit and will have adequate fire protection, storage area, handling and disposal as approved by the Fire Chief or Fire Marshal.

   G.   Contractors Yard:

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

   H.   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;

      3.   Will provide for adequate trash receptacles; and

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

      5.   Location of drive aisles must be approved by the Public Works Director.

   I.   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 sediment;

      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 drainageway;

      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 drainageways within fifty feet (50') of any lot line or public right of way;

      8.   Will provide methods for dust control as approved by the Public Works Director;

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

      10.   When earth moving project is taking place in rainy or melting weather or project is ongoing, contractor to provide ten feet by forty feet (10' x 40') gravel apron to any city street or lot for tire mud and dirt removal.

   J.   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 the 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.

   K.   Home Occupation:

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

      2.   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 twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;

      3.   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-illuminated and mounted flat against the wall of the principal building;

      4.   No significant traffic shall be generated by such home occupation and businesses that require delivery by tandem truck/trailers are not allowed. Any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this title, and shall not be located in a required front yard; and

      5.   No equipment or process shall be used in such 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 fluctuations in line voltage off the premises.

   L.   Mobile Home Park (See Chapter 9-2):

      1.   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

      2.   Will not be hazardous or detrimental to existing or future neighboring uses;

      3.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;

      4.   Will be consistent with the intent and purpose of this title, chapter 2 and the Comprehensive Plan;

      5.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;

      6.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance;

      7.   Will meet the minimum health standards as set forth by the Idaho State Department of Health and Welfare; and

      8.   Will have a minimum total area for the mobile home park of four (4) acres.

   M.   Outdoor Storage Of Commercial And Industrial Materials:

      1.   Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and

      2.   Will not be located in any front yard setback area.

   N.   Riding Stables And Schools:

      1.   Will locate all stables or loafing sheds not nearer than one hundred feet (100') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line;

      2.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties, as to the storage of horse trailers, and the factors of noise and odor; and

      3.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.

   O.   Rifle And Pistol Range:

      1.   Will be designed with a backstop;

      2.   Will be designed to avoid a line of fire that is directed towards any residence or business within one mile;

      3.   Will incorporate landscaping that is compatible with the surrounding landscaping; and

      4.   Will provide supervision and security measures during periods of use.

   P.   Sanitary Landfill:

      1.   Will conform to time limits for daily operation as defined by the Council;

      2.   Will provide a bond, for privately owned sites, to ensure compliance with the provisions of the zoning certificate;

      3.   Will provide for a paved street to the facility; and

      4.   Will be supervised during the hours of operation.

   Q.   Wrecking Yard:

      1.   Will be completely enclosed by a solid six foot (6') high site-obscuring fence;

      2.   Will not result in the storage of automobile, junk or salvage material that is visible from any public right of way;

      3.   Will not result in the storage of automobiles that exceed the height of the fence; and

      4.   Will have such landscaping that is appropriate with the surrounding area. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)