This chapter sets forth general requirements that apply to all of the districts that have been established by this title. The intent of this chapter is to eliminate redundancy by incorporating general regulations under one (1) chapter. (Ord. 518, 6-10-2008)

In addition to all yard regulations specified in a district setback requirement 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 three feet (3') and ten feet (10') above the centerline 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 forty feet (40') from the point of intersection.

   B.    Fence And Wall Restriction In Front Yards: In any required front yard, no fence or wall shall be permitted that is higher than four feet (4') above the ground level, unless the fence is see through. Ground level shall be the elevation of the land prior to the construction of any berm.

   C.   Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear and two (2) side yards as specified for dwellings in the appropriate district.

   D.    Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Landscape or other screening is required to buffer the impact on the residential use. Such screening shall be 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 planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting, and shall be maintained as such.

   E.   Architectural Projections: Permanent, open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which it is attached and shall not project into the required minimum front, side or rear yard. (Ord. 518, 6-10-2008)

The height limitations contained in each district section do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other equipment usually required to be placed above the roof level and not intended for human occupancy or for advertisement purposes. (Ord. 518, 6-10-2008)

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

   A.   Portable Structures: Portable business structures are permitted only on sites with developed site plans and restroom facilities connected to the City sewer service.

   B.    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 or fence of at least four feet (4') in height or within an enclosed building or structure. The collection area shall include adequate vehicular accesses to and from such area or areas sufficient to allow the passage of a garbage collection truck. (Ord. 518, 6-10-2008)

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

   A.    Building permit applications shall include a site plan. The site plan shall be drawn to an appropriate scale to clearly show all required elements that include, but are not limited to:

      1.    Boundaries of the property and adjoining parcels.

      2.    Total acreage and area of each use.

      3.    Proposed construction schedule.

      4.    Location and height of existing and proposed structures, including property line setbacks and building heights.

      5.    Signs.

      6.    Trash enclosures.

      7.    Site lighting.

      8.    Site boundaries and dimensions.

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

      10.    Spot elevations shall be included at building corners, drainage inlets and drywells.

      11.    Sufficient information to determine drainage on the site, setbacks from property lines.

      12.    Existing or proposed easements.

      13.    Location of existing and proposed utility structures.

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

      15.    Location of the nearest fire hydrant(s).

      16.    All means of vehicular and pedestrian ingress and egress to and from the site.

      17.    Location of all driveways, streets and sidewalks including paved surfaces, and typical cross sections of roadways and parking areas.

      18.    Location and layout of all off street parking.

      19.    Location of loading areas (if applicable).

      20.    Landscaping and irrigation. (Ord. 518, 6-10-2008)

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

   A.    Fire Hazard: 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 that is compatible with the potential danger involved as specified in the current fire code and the national safety foundation publications.

   B.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity 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: No noises associated with the activity that causes noise that if sufficiently loud as to be heard within the closed residence of any residential structure located in a residential zoning district within five hundred feet (500') of the property. Air raid sirens, emergency equipment and vehicles, and related apparatus used solely for public purposes are exempt from this requirement.

   D.   Issuance Of Permits: Prior to issuance of any permits, the city may require the applicant to provide a plan demonstrating how the applicant intends to address the above requirements.

   E.    Loading Areas: Convenient access to loading spaces from streets or alleys shall be provided. In no case shall off street loading areas be part of the area used to satisfy off street parking requirements. (Ord. 518, 6-10-2008)

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 buildings: Shall not be located in any required front yard area.

   B.    Animal clinic, animal hospital, veterinary office and kennel:

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

      2.    Shall 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.    Bulk storage of flammable liquids and gases, aboveground and for use or resale, must meet the following requirements:

      1. Be located at least three hundred feet (300') from a residential district, a residence, motel, or hotel, except for an owner's residence.

      2.   Obtain approval of the fire chief or his designee.

      3.   Have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire chief or his designee.

   D.   Chemicals, pesticide and fertilizer storage and manufacturing: Shall have adequate fire protection, storage area, handling and disposal as approved by the fire chief or his designee.

   E.   Contractor's yard:

      1.   Shall have a six foot (6') sight obscuring fence around the areas utilized for storage of equipment.

      2.   Shall be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

   F.   Drive-through food and beverage establishments:

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

      2.    Shall have a six foot (6') high sight obscuring fence along the property lines that adjoins a residence.

      3.    Shall avoid the direction of night lighting toward any residence.

      4.   Shall provide for adequate trash receptacles.

   G.    Outdoor storage of commercial and industrial materials:

      1.   Shall 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.

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

   H.   Recreational vehicle parks:

      1.    Recreational vehicles shall be separated from each other and from other structures by at least ten feet (10'). Any accessory structures, such as attached awnings or carports, shall for the purpose of this separation requirement, be considered to be part of the recreational vehicle.

      2.    Each recreational vehicle lot shall contain a stabilized vehicular parking pad composed of paving, compacted crushed gravel, or other all weather material.

      3.    If it is determined by the city or Idaho transportation department that traffic control devices or other traffic regulation improvements are required as a result of development of a recreational vehicle park, the property owner shall be responsible for the cost of installation or construction of said improvements.

      4.    Internal roads and parking service areas shall provide safe and convenient access for service and emergency vehicles and to amenities within the recreational vehicle park. Internal roads shall not be designed to encourage use by outside traffic to traverse the recreational vehicle park to adjoining developed areas.

      5.    The applicant shall provide a minimum of two (2) parking spaces per RV site in addition to the RV pad, with a storage area provided.

      6.    Any action toward removal of wheels of a recreational vehicle or to attach the recreational vehicle to the ground for stabilizing purposes is prohibited.

   I.    Riding stables and schools:

      1.    Stables or loafing shed shall not be located within one hundred feet (100') from any residence, except for an owner's residence.

      2.    All facilities shall be set back a distance of thirty feet (30') from any property line.

      3.    The facilities shall be maintained in such a manner to prevent the creation of a nuisance. (Ord. 518, 6-10-2008)

All home occupations must meet the following requirements:

   A.   The resident shall obtain a business license and home occupation permit from the City of Spirit Lake.

   B.    The use of the dwelling unit for 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 gross floor area of one (1) floor of the dwelling unit shall be used in the conduct of the home occupation.

   C.    The home occupation is considered an accessory use by this title.

   D.    The home occupation must be operated solely within the residential dwelling unit and shall not alter the exterior character of the dwelling other than one (1) sign, no larger than four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal building 1

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

   A.   No more than two buildings, homes, or structures shall be constructed on the same city block with identical front elevations.

   B.   Each third house on the same block and on the same side of the street shall have a completely different front elevation.

   C.   Identical front elevations shall not be placed adjacent to each other. (Ord. 602, 10-16-2019)

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

   A.   All lots or parcels must be surveyed and corners marked with survey pins or stakes. Property lines must have no less than two corners strung with string.

   B.   Residential Driveways, Approaches and Parking Requirements: Residential driveways, approaches and parking shall meet the following standards:

      1.   Driveway Length: Residential driveways shall be a minimum of twenty-five feet (25') in length, or shall be paved to the front of the garage (attached or unattached), or accessory structure that provides parking for motor vehicles, whichever is greater, exclusive of any sidewalk or pathway.

      2.   Approach: Only an approved approach shall be utilized to access the property from the right of way. Vehicles shall not cross over stormwater drainage easements and/or planting strips, unreinforced sidewalks, or other areas not permitted and intended as a paved driving or parking surface.

      3.   Off-Street Parking: A minimum of two (2) off-street parking spaces shall be provided per single-family residential dwelling unit. Driveways meeting standards set forth herein constitute parking space(s), however, garages shall not constitute a parking space(s) for the purpose of this requirement.