The purpose of this section is to provide performance standards that protect the community and environment through proper site development and thereby achieve conformance with the regulations found in this title and other provisions of applicable law. The following performance standards apply to developments in all zoning districts and are supplemental to requirements established thereby:

1. Vision Triangle. Visibility shall be maintained at all intersections of city streets by maintaining an unobstructed view between three and ten vertical feet within a right triangle, whose sides adjacent to the intersecting right-of-way lines are forty feet in length in compliance with Idaho Code § 49-221, or its successor.
   
2. Temporary Construction Facilities. Temporary buildings, trailers, equipment and materials used in conjunction with construction work, may be permitted in any district during the construction period. Any such temporary installations shall comply with basic safety and sanitation standards and not create a hazard or significant detriment to neighboring lands. Temporary facilities shall be removed upon completion of the construction work or upon expiration of the building or construction permit.
   
3. Dangerous or Nuisance Conditions. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, or noxious conditions that may adversely affect the neighborhood or adjoining premises. Noncompliance with nuisance statutes, building, fire or life safety codes shall not be excused merely because the land use does not violate this title.
   
4. Glare/Exterior Lighting Shielding/Redirection Required. No interior or exterior lighting shall create, direct, or reflect glare which will adversely affect any surrounding property nor shall such lighting adversely affect vision on nearby public streets, public walkways or other rights-of-way. It shall be the duty of any landowner to direct or shield lighting to avoid impacts on neighboring lands or land uses. Failure to do so shall constitute a violation of this title.
   
5. Street Right-of-Way Dedication and Frontage Improvements Required. Additional street rights-of-way as established by approved transportation plans or by ordinance standards and construction of frontage improvements is required at the time of establishment of any use, any development of a new land use or expansion of an existing land use by thirty-three percent or more in floor area. Street improvements shall include widening or extension of base and pavement, curb, gutter, sidewalk, water lines, sewer lines, street lighting and drainage facilities. Right-of-way dedication shall conform to the transportation element of the comprehensive plan or a specific transportation plan, the city's capital improvements plan, or as otherwise required by the public works superintendent or designee pursuant to review or other ordinance-specified procedures. All such requirements must be reasonably related to and proportional to the impact of the development on the infrastructure of the community. It shall be the responsibility of the developer of any parcel of land to extend water and sewer utilities across the full width of any frontage in order to maintain continuity of public systems.
   
6. Utility Line Placement. All wire, fiber optic or cable utility service lines shall be placed underground. The administrator may waive this requirement if the use is temporary in nature or if there are practical physical difficulties that make compliance impossible.
   
7. Surfacing—Residential and Commercial/Industrial. All required residential access drives and parking areas shall be surfaced with Portland cement concrete or asphalt paving. All required commercial/industrial access drives, maneuvering areas and parking areas, outdoor merchandise display areas and motorized vehicle display lots shall be surfaced with concrete or asphalt paving. Surfacing material shall be designed for the loading anticipated. Actual load design for commercial/industrial uses will be determined during application review. Outdoor storage areas in the industrial zone for storage of production materials shall be surfaced with all-weather materials and shall be enclosed within a sight screening fence.
   
8. Water Supply and Sewage Disposal. The method of water supply and sewage disposal for all land uses must comply with city and other applicable state codes.
   
9. Dust Control. During all on-site grading and construction activities, adequate measures shall be implemented to control dust in order to prevent a blowing dust nuisance. Methods for dust control may be specified at application review. The administrator may issue a stop-work order on any development project that demonstrates an inability to control dust until an acceptable dust control program is implemented.
   
10. Architectural Projections. Open structures such as decks, porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached or accessory buildings if detached and shall not project into the required minimum front, side or rear yard setbacks.
    
11. Height Regulation Exceptions. The height limitations contained in this title do not apply to spires, belfries, cupolas, antennas, 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. City utility and public service structures are generally excepted from height restrictions.
    
12. Fences (Including Walls and Landscaping). All walls, hedges and fences shall not exceed three feet in height within the required front yard setback and nor shall they exceed six feet in height in the rear and side yard setback areas. Corner lots which abut the side yard of an adjoining lot may not block visibility of a driveway on the adjoining lot above three feet with a rear or side yard fence. Fences shall not violate the vision triangle requirements of I.C. § 49-221, or its successor.
    
13. Solid Waste Screening. All solid waste collection areas or facilities shall be enclosed on at least three sides by a sight-obscuring wall or fence tall enough to shield any bulk solid waste container or shall be stored within an enclosed building or structure. Adequate vehicular access shall be provided to allow use of the container.
    
14. Outside Storage and Screening. Outside storage areas in commercial or industrial zones must be screened from public view by sight obscuring fences, walls, berms, or a combination of these, as approved by the administrator. The administrator may approve alternative methods of reducing the visual impact in lieu of screening, or waive the requirements if visual impact is of no consequence.
    
15. Factory-Built Commercial Structures. All factory-built commercial structures must be located in commercial zones. Factory-built commercial structures may also be allowed in conjunction with a school provided that site development requirements for site-built structures are maintained. Factory-built commercial structures may be used temporarily in other zones in conjunction with construction, and must be removed upon completion of such construction.
    
16. Buffering Residential Interface. Buffering between commercial/industrial land uses and residential zones shall be the responsibility of the developer of the commercial/industrial site. If the zoning ordinance does not otherwise provide specific standards, the commercial industrial site shall otherwise provide a setback from an adjacent residential zoning boundary or from existing residential lands no less than twenty-five feet or the height of the commercial industrial structure, whichever is greater. Such interface shall be screened by evergreen landscaping and fencing that is continuous and serves as an effective buffer against sound and light. Such obligation shall not apply retroactively to an existing commercial/industrial use.
    

(Ord. No. 2015-01, § 2, 2-26-2015)

No application that creates excessive levels of sound beyond its property line shall be permitted. Excessive sound, measured at the property line of the receiving use, exceeds the standards of Table 9.1.

Table 9.1—Detailed Performance Standards for Noise

Note: dBA is the measure of sound levels in A-weighted decibels.

1. Applicability. This performance standard applies to sounds generated by the use or operation of an application, including sound generated by the operation of trains, motor vehicles, and heavy equipment on the site. It does not apply to the movement of trains on existing railroad rights-of-way, the movement of motor vehicle on public roads, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular application.
   
2. Temporary Exception. The maximum sound levels of Table 9.1. may be exceeded by temporary construction and maintenance activities, but any excessive noise generated by such activities shall be restricted to the hours between 7:00 a.m. and 10:00 p.m. Special community events and aircraft use shall be exempt from these requirements.
   
3. Noise levels shall be measured at the property line with a calibrated noise meter or similar device capable of accurate measurement of sound. Until such time that the city, local law enforcement agencies, or another entity shall be designated to make measurements or noise for the purpose of enforcing this title, it shall be the property owners responsibility to obtain a measure of the noise generated by activities on the site by an independent business or technician with the capabilities and equipment to make such measurements and which shall be submitted to the city from the entity making measurement.
   

(Ord. No. 2015-01, § 2, 2-26-2015)

1. General Requirements. Off-street parking, loading spaces, and display lots shall be provided for facilities, or portions thereof constructed, newly established, reconstructed, or moved onto a lot after the effective date of the ordinance from which this title was derived. The required off-street parking, loading spaces, and display lots shall be developed and maintained according to the applicable provisions of this zoning ordinance. The administrator is empowered to determine the regulations and standards to be required in each particular circumstance, considering the long-term needs of the facility constructed. Land uses in existence prior to the effective date of the ordinance from which this title was derived may be continued as a nonconforming use subject to other provisions of this title concerning provision of off-street parking.
   
2. Change of Use or Increase of Space. Except for alterations or additions to individual dwelling units, parking spaces meeting the requirements of this chapter shall be provided whenever the use of a facility is changed to a higher parking category or if the facility floor area is increased by more than ten percent in any five years. Neither the number, size, location nor maintenance of existing parking and loading spaces shall be altered or reduced below the requirements and standards specified for the use in this chapter. Whenever an individual lot or parcel has a facility with more than one use or activity requiring different spaces for parking and loading, the sum of the required spaces for each use or activity shall be used in determining the overall requirements.
   
3. Street Parking Excluded. No portion of any public right-of-way shall be used in satisfying the minimum parking requirements established by this title.
   
4. Front-to-Back (Tandem) Parking Prohibited. Except for detached single-family dwelling units, the design and development of front-to-back parking and loading spaces shall not be allowed in meeting the minimum space requirements of this chapter. A required space shall not be blocked by another space such that a vehicle would be required to enter and leave a space by having to cross another required space.
   
5. Maintenance of Parking and Loading Areas. All paved areas intended for use by the public and required by this chapter shall be maintained on a regular basis. Regular maintenance shall include, but not be limited to, pavement repair and seal coating; pavement marking and striping; removal of dust, leaves and litter; removal of snow and ice; maintaining landscaped areas; and maintaining signs, fences, wheel stops, curbs, walks, drainage facilities and any other appurtenances pertinent to the requirements of this chapter and the subdivision ordinance.
   
6. Off-Site or Shared Parking. Whenever any required parking or loading areas are located on a site which is not within the property limits of the facility being served, the permit applicant shall present an agreement authorizing use of the off-site parking for the duration of use of the site. Such agreement shall be subject to approval by the administrator. The primary considerations for such approval shall be the functionality of the parking spaces, the safety of parking users and the effects on neighboring land uses. Any change in use or increase in use during the term of the agreement shall require re-evaluation of the conditions and factors upon which the agreement was based.
   
7. Parking Spaces Must Be Available. Required off-street parking areas shall not be used for any purpose that would at any time prevent their intended use as parking spaces by occupants and patrons of the facility being served. No required parking area may be used for both parking and loading.
   
8. Ordinance Procedure—Required Spaces Determined by Administrator. Where this title requires the administrator to prescribe the number of parking and loading spaces, the administrator shall base his/her determination on the following:
   
   1. Traffic generation, giving particular attention to attendance potential at any facility.
      
   2. Location of the facility and the peak hours of operation.
      
   3. Extent and frequency of loading/unloading operations.
      
   4. The number of employees during peak period.
      
   5. Any other factors that would affect parking and loading requirements.
      
9. ADA Accessible Parking Spaces. Where off-street parking spaces are required by this title there shall also be required parking spaces for persons with disabilities as provided in the Americans with Disabilities Act (ADA). These spaces shall be located as near as practical to a primary accessible entrance.
   
10. Off-Street Parking and Loading Area Standards. The layout and design of off-street parking and loading areas established hereafter shall meet the requirements of this title.
    
11. Parking Space Sizes. Off-street parking spaces shall meet the minimum dimensions for the following types of spaces and conditions:
    
    1. Standard ninety degree non-parallel parking spaces shall be nine feet wide by twenty feet long.
       
    2. Parallel parking spaces shall be nine feet wide by twenty-three feet long for all vehicles.
       
    3. Where a side of a parking area abuts a building or other obstruction, additional width shall be added to the adjacent parking spaces to allow turning movements.
       
12. Proximity to Use. The distance between parking areas and the use being served shall not exceed the following:
    
    1. Residential: On-site.
       
    2. Civic, Commercial and Service: Not farther than two hundred feet from the entrance to the facility being served with continuity to adjoining lots.
    3. Wholesale and Industrial: Not farther than three hundred feet from the entrance to the facility being served unless continuous parking is provided.
       
    4. Zoning: All off-site parking must be located in a zoning district that permits the use the parking serves.
       
13. Aisles and Driveways for Maneuvering. All required off-street parking spaces and loading berths shall be designed with adequate space to accommodate the turning movements of the vehicles entering and leaving the facility. Space shall be provided such that all vehicles shall enter and leave the public right-of-way in a forward direction. This requirement shall not apply to residential parking areas that serve two or fewer dwelling units. The location and design of approaches to parking lots shall be approved by the public works superintendent or designee.
    
14. Parking Area Grades/Drainage. All off-street parking shall be paved such that no surface shall exceed five percent and no longitudinal drainage gradient shall be flatter than one-half percent. Approach grades shall be safe and convenient. Parking spaces for persons with disabilities shall be as level as possible but in no case shall the parking space, adjacent aisle, driveway or designated pathways exceed a gradient of two percent in any direction. All parking and loading areas shall provide for proper drainage of surface water to approved drainage areas or structures. Surface drainage shall be retained on-site to the extent that site run-off shall not exceed run-off from the site in its undeveloped condition.
    
15. Paving of Parking and Loading Areas. All driveways, parking, loading and maneuvering areas required of this chapter shall be paved with hot asphalt, Portland cement concrete, or approved paving blocks or bricks. Single-family and duplex family uses shall be served by a paved driveway and parking spaces as required.
    
16. Paving of Display Lots. Display lots for vehicles shall be paved as shall approaches, driveways, maneuvering areas and parking spaces. The actual area used for the display of the homes, nursery stock or heavy equipment may be surfaced with compacted crushed aggregate, provided that the unpaved area is maintained in a neat, dustless and weedless condition.
    
17. Lighting. The illumination of off-street parking and loading areas and display lots shall be designed such that lighting is directed away from the street and adjacent properties and toward the interior of the property focusing on the ground to be illuminated.
    
18. Widths of Driveways, Parking Aisles and Turning Radii. The city's parking requirements shall be considered to be minimum standards. All off-street parking areas shall be submitted for review by the local fire department or designated fire marshal who may require wider driveways and parking aisles and larger vehicular turning radii as prescribed by the applicable fire code.
    
19. Irrigation. All landscaped areas including buffer strips and drainage infiltration facilities shall be maintained.
    
20. Dimensional Requirements. With the exception of residential parking areas that serve two or fewer dwelling units all other off-street parking areas shall be laid out and designed to satisfy the following requirements:
    
    1. Traffic Lane Widths. The minimum driveway and approach widths shall be determined from the operating speed and the classification of the street providing access, the volume of traffic being generated, the potential for truck use, and fire protection requirements. Parking aisle widths shall vary with the angle of vehicular turning required to access the required space on one-way aisles, but shall be a minimum of twenty-four feet wide on two-way aisles. The maximum two-way approach and driveway width shall be forty feet where it can be demonstrated that generated traffic warrants a separate left turn lane for vehicles exiting the parking area and entering a public right-of-way. A forty-foot wide approach may also be allowed where heavy truck use prevails.
       
    2. Exit Vehicle Space. There shall be at least twenty-four feet separating a parking aisle from the edge of the adjacent street to provide space for one exiting vehicle.
       
    3. Striping. Each parking space shall be delineated with clearly marked pavement striping. Other pavement markings for spaces for persons with disabilities, pathways, crosswalks, stop bars, delineations, turning arrows, bicycles, etc., may be required.
       
21. Required Off-Street Parking Spaces. The following standards shall apply to all uses constructed or established pursuant to this title, unless otherwise allowed by the administrator for good cause shown:
    
    Table 9.2. Residential Uses: The following number of paved off-street parking spaces shall be required as specified for each residential use:
    
    

    Residential Uses	Required Spaces
    Detached housing, single-family	2 spaces
    Group housing	Based on application approval
    Duplex housing	1.5 per one bedroom, 2 per two or more bedrooms/dwelling unit
    Cluster housing	2 per dwelling unit
    Condominiums and multi-family units	1.5 per one bedroom, 2 per two or more bedrooms/dwelling unit
    Home occupation, as per residential use	2 per dwelling unit
    Daycare facility requires special use	Based on application approval
    Other	Per design capacity

    Table 9.3. Civic Uses: The following number of paved off-street parking spaces shall be required as specified for each civic use:
    
    

    Civic Uses	Required Spaces
    Administrative	1 per 300 square feet
    Community organization	1 per 300 square feet
    Community assembly	Per design capacity
    Open space area, including parks	Per design capacity
    Meeting hall	1 per 4 seats
    Museum or art gallery	1 per 1,000 square feet
    Library	1 per 250 square feet
    Community education	Per primary use of bldg.
    Daycare or nursery	1 per 200 square feet
    Elementary school	9 spaces per classroom
    Middle or junior high school	10 spaces per classroom
    High school	11 spaces per classroom
    Hospitals/healthcare	1.6 per bed
    Nursing and convalescent facilities	1 per sleeping room
    Religious assembly	0.5 space per seat
    Other	Per ordinance process

    Table 9.4. Commercial/Industrial Uses: The following number of paved off-street parking spaces shall be required as specified for each commercial use:
    
    

    Commercial/Industrial Uses	Required Spaces
    Agriculture supplies and commodities sales	1 per 200 square feet
    Automotive sales	1 per 200 square feet
    Automotive accessory sales	1 per 200 square feet
    Business retail supply sales	1 per 200 square feet
    Construction retail sales	1 per 200 square feet
    Convenience store	1 per 200 square feet
    Department store retail sales	1 per 200 square feet
    Farm equipment sales	1 per 200 square feet and 3 per service bay
    Restaurant—seating	1 per 75 square feet
    Fast food with drive in	1 per 75 square feet and 5 unencumbered queuing spaces
    Fast food without drive in	1 per 75 square feet
    Home furnishings retail sales	1 per 200 square feet office and 1 per 500 square feet warehouse
    Specialty retail sales	1 per 200 square feet office and 1 per 400 square feet warehouse
    Gasoline sales	1 per pump and 2 spaces per service bay
    Professional and administrative office	1 per 200 square feet
    Medical/health care practitioner office	1 space per 540 square feet
    Veterinary office	1 space per 150 square feet
    Child or juvenile facility	Per design capacity
    Hotel/motel	1.35 spaces per unit and as required per accessory uses
    Automotive fleet storage, attendant parking, rental vehicles	1 per employee and 1 per vehicle
    Automotive cleaning and repair	3 spaces per bay, and 5 queuing spaces
    Service establishments	1 space per 200 square feet
    Beauty and barber shops	1 space per 200 square feet
    Banks/financial services	1 space per 200 square feet and 5 queuing spaces
    Mortuary	Per design capacity
    Bowling alleys	4 spaces per alley
    Dance halls	1½ spaces per 100 square feet
    Theaters, auditoriums, and stadiums	1 space per 3 seats
    Laundry services	1 space per 200 square feet
    Supermarket	3.42 per 1,000 square feet
    Commercial recreation	Per design capacity
    Golf course	4 per hole and as required per accessory uses
    Skating rink	1 space per 100 square feet and as required per accessory uses
    Tennis, handball and racquet-ball courts	3 spaces per court
    Swimming facilities	1 space per 75 square feet of water surface
    Wholesale uses	1 per 200 square feet office and 1 per 500 square feet warehouse
    Storage/warehouse	1 per 500 square feet
    Mini-storage	Minimum of 2 spaces/paved lot
    Other	Per design capacity

    In the impact area, wind generators may be permitted conditionally according to the standards established in the Fremont County Development Code, 2011 edition, Fremont County Ordinance #2011-04, Appendix R—Wind Energy System Standards, which is adopted herein by reference.