Sun Valley City Zoning Code

CHAPTER 3

DESIGN AND DEVELOPMENT REGULATIONS

ARTICLE C. INCLUSIONARY WORK FORCE HOUSING REGULATIONS

(Rep. by Ord. 413, 7-17-2008, eff. 7-23-2008)

ARTICLE D. WORK FORCE HOUSING LINKAGE REGULATIONS

(Rep. by Ord. 410, 6-19-2008, eff. 6-25-2008)

9-3A-1: PURPOSE:

The purpose of the design review standards are to ensure that development is designed and built in a manner that is context sensitive, complementary to adjacent property, protects the natural landscape, is of high design quality, and is compatible with the character and scale of the neighborhood. These standards are intended to prohibit buildings and related improvements that significantly impact the natural, scenic character and aesthetic value of hillsides, ridges, ridgelines, ridge tops, knolls, saddles, and summits in the city. (Ord. 382, 10-25-2006; amd. Ord. 582, 10-2-2025)

9-3A-2: APPLICABILITY:

A. Application Of Standards: These standards shall apply to:

1. Driveways, streets or trails;

2. Excavation or land alteration;

3. Any new building or structure;

4. Other improvements including, but not limited to, decks over thirty inches (30"), fences, walls, landscaping, and lighting;

5. Commercial, multi-tenant, or directional signs;

6. Substantial demolition of significant principal structures or facilities, as determined by the director; and

7. Any addition or alteration to the exterior of any existing building, structure, or other related improvement as described above.

B. Application Approval Required: No construction shall commence on any new building, structure, related improvement, or sign nor on any addition or alteration to the exterior of any existing building, structure, related improvement, or sign until the commission or its designee has approved the design review application for the proposed improvement. No application shall be considered for review until it is certified complete by the director or his/her authorized staff in accordance with chapter 5 of this title.

C. Projects Exempt from Application Processes:

1. The following types of projects are exempt from design review application processes and approvals, but must still comply with all applicable design review regulations, zoning district standards, and other code requirements without requiring a variance or other exception:

a. Landscaping alterations up to the lesser of four hundred (400) square feet or ten percent (10%) of the property provided record grade slopes exceeding twenty-five percent (25%) are not disturbed.

b. Changes to driveway materials only, without hydronic or heating systems; title 7, chapter 4, "Encroachments," of this code may still apply when working in the right of way.

c. Removal of trees lesser than eight inches (8") diameter at breast height (dbh).

d. Removal of any high-risk, diseased, declining, or dead tree as certified by an International Society of Arboriculture (ISA) Certified Arborist, American Society of Consulting Arborist, or arborist holding a certification by other arboriculture certification bodies, provided stumps and root systems remain in place for trees located within a Stream Buffer required by Chapter 3, Article J., Riparian Zones.

e. Removal of trees greater than eight inches (8") diameter breast height (dbh) that pose an immediate threat to safety, as determined by the Community Development Director or their designee.

f. Reroofing from shake to a Class A fire rated roof covering. Class A represents the highest rating of fire protection achievable, indicating a flame spread of 0-25 and smoke development between 0-450 verified by approved testing agencies.

g. Replacing existing components or materials which are similar in color, nature, and styling.

h. Interior remodels, except where such remodels require the installation of fire suppression systems.

i. Repainting the exterior of a residence or unit in a neutral, natural, earth toned color.

2. The community development director, or his/her assignee, may issue a letter or form declaring the project exempt, if requested or determined to be necessary.

3. If extenuating circumstances are present, the director may require any project to submit a design review application for the project to the commission for review and approval.

4. Approvals, denials, and imposed conditions may all be appealed in writing to the commission within ten (10) calendar days from the date of the action.

D. Projects Requiring Approval by Public Hearing At The Commission:

1. The following types of projects must receive design review approval by the planning and zoning commission:

a. Demolition.

b. New construction.

c. Additions greater than twenty five percent (25%) of the original floor area in residential zoning districts (For additions less than or equal to twenty-five percent (25%), use subsection F of this section).

d. Exterior alterations in the CC, SC, and PI zoning districts, excluding alterations to windows and doors, including the addition of doors, windows, and skylights.

e. Any development in the REC and OS zoning districts.

f. Manufactured home installation and placement.

g. Changes of principal use.

h. Projects subject to hillside development standards in article H of this chapter; excluding minor encroachments or disturbances of slopes exceeding twenty-five percent (25%) record grade that may be approved through the administrative design review process with notice to adjoining property owners.

i. Projects located within riparian zones in article J of this chapter.

j. Wireless facilities and overhead utilities, in all zones and within the right of way.

E. Projects Requiring Administrative Approvals Without Public Notice:

1. The following types of projects may receive design review approval administratively by the community development department but do not require public notice or comment; the projects must still comply with all applicable design review regulations, zoning district standards, and other code requirements without requiring a variance or other exception:

a. Address monuments.

b. Alterations to windows and doors, including the addition of doors, windows, and skylights.

c. Decks and deck extensions under one hundred fifty (150) square feet in the RS-1 and RA zones.

d. Ground floor decks and deck extensions under one hundred fifty (150) square feet in all other zones.

e. Additions of habitable floor area less than one hundred (100) square feet which do not require a plat amendment.

f. Additions of non-habitable floor area less than two hundred (200) square feet which do not require a plat amendment.

g. Signs, other than monument style signs, per article F of this chapter.

h. Fences, wherein approval is provided by directly adjacent neighbors.

i. Trellises and arbors less than two hundred (200) square feet.

j. Interior remodels requiring fire sprinkler installations.

k. Temporary use permits.

l. Floodplain development permits, and stream alteration permits, provided the following noticing requirements specific to stream alteration and contained in Article I., Flood Hazard Protection, are met: notice to adjacent jurisdictions, the Idaho Department of Water Resources (IDWR) state coordinator for the National Flood Insurance Program (NFIP), and the Federal Emergency Management Agency (FEMA).

m. Changes to exterior lighting which is compliant with article B of this chapter.

n. Removal of trees located within one hundred feet (100') of a structure in order to enhance survivable space. Survivable space is the area around a structure that has been cleared of combustible materials in order to slow the spread of fire. For measurement of the distance from a structure Geographic Information Systems (GIS) measuring tools, in conjunction with aerial imagery of the subject property, may be utilized.

(1) When a tree is located within fifteen feet (15') from the mean high-water mark of a natural perennial or intermittent stream, or a stream buffer required by Chapter 3, Article J., Riparian Zones, trees may be cut down provided the tree stumps and root systems remain in place.

(2) When an application proposes to remove trees within one hundred feet (100') of a structure located on an adjacent parcel, and the application includes removal of trees within a required setback for the subject parcel, courtesy notification to the adjacent property owner is required. The city shall mail a courtesy notice to inform the owner of the adjacent parcel of pending tree removal action. The courtesy notice does not require a public comment time period prior to the city taking action on the application.

In Figure 1. below Property A represents the applicant proposing to remove trees and Property B is the property containing a structure within one hundred feet (100') of the subject trees. In accordance with this subsection, a courtesy notification would be required to be mailed to the owner of Property B.

2. The community development director, or his/her assignee, shall issue a letter or form approving the project, if the project complies with all mandated code standards without requiring a variance or exception; such an approval may include reasonable conditions to mitigate impacts of the proposed action.

3. If extenuating circumstances are present, the director may make a finding in that regard and refer the project to the commission for review and approval.

4. Approvals, denials, and imposed conditions may all be appealed in writing to the commission within ten (10) calendar days from the date of the action.

F. Projects Requiring Administrative Approvals With Notice:

1. Any proposal subject to a land use or building permit that encroaches into with a structure, or otherwise disturbs, record grade slopes exceeding 25%.

2. Any other project types not specifically identified in subsection C, D, or E of this section, and not requiring any exception or variance, will be reviewed administratively by the community development director after appropriate public notice in accordance with section 9-5A-5 of this title.

a. This includes tree removal actions not specifically identified in subsection C, D, or E of this section.

3. The community development director, or his/her assignee, shall issue a letter or form approving the project, if the project complies with all mandated code standards without requiring a variance or exception; such an approval may include reasonable conditions to mitigate impacts of the proposed action.

4. If extenuating circumstances are present, the director may make a finding in that regard and refer the project to the commission for review and approval.

5. Approvals, denials, and imposed conditions may all be appealed in writing to the commission within ten (10) calendar days from the date of the action. (Ord. 382, 10-25-2006; amd. Ord. 502, 2-2-2017; Ord. 563, 2021; Ord. 578, 5-1-2025; Ord. 582, 10-02-2025)

9-3A-3: EVALUATION STANDARDS:

The following criteria shall be used in evaluating proposed developments seeking design review approval and shall be the basis for the findings as set forth in chapter 5 of this title.

A. Design And Siting:

1. The design of proposed improvements, including landscaping and other site improvements, is appropriate and compatible with the lot and the surrounding neighborhood. Attention has been given to the location and design of streets, view corridors, privacy of adjacent properties, outdoor spaces, survivable space, fire-resistant construction methodologies, including the use of fire-resistant and non-combustible materials, shadows, solar access, view access, lighting, vehicular access, building massing, locations of noise generating equipment, and openings and doors as these elements impact adjacent properties. Survivable space is the area around a structure that has been cleared of combustible materials in order to slow the spread of fire. Non-combustible means a material that, under the conditions anticipated, will not ignite or burn when subjected to fire or heat. Fire-resistant means materials that are designed and rated to prevent the spread of fire, smoke, and heat for a specified period of time.

2. The location and design of the proposed improvements, including landscaping and other site improvements, has given consideration to special sites of historical, natural, ecological, architectural, archaeological, and scenic value or significance, including, but not limited to, those identified in the city's comprehensive plan. The essential character of special sites should be preserved and protected with any proposed site or structure improvements.

3. The siting of the proposed improvements complies with the adopted uniform fire code and any other applicable regulations regarding emergency vehicle access and circulation as set forth in title 7 of this code.

4. The proposed improvements are sited to meet the ingress, egress, and driveway standards and requirements set forth in title 7 of this code, and the siting standard in subsection A1 of this section.

5. The proposed improvements are sited to take into consideration and to mitigate natural hazards such as floodplains, avalanches, and wildfires, as set forth in this chapter. Mitigation measures shall not adversely impact other properties.

6. The siting of the proposed improvements minimizes interference with natural drainage patterns and is designed to minimize adverse impact on other properties. All drainage shall comply with the standards set forth in title 7 of this code; be contained on site, or be connected to drainage easements or rights of way. No drainage shall be diverted off site onto private property.

7. The site design provides for adequate space or means to maintain snow storage. Hardscape, gravel, and other non-combustible materials, when located within the zero-to-five-foot Immediate Zone, are exempt from snow storage requirements. Otherwise, snow storage areas are in accordance with the requirements set forth in article G of this chapter.

8. Appropriate address numbers and monuments are shown in accordance with the requirements as set forth in article G of this chapter.

9. The siting of the proposed improvements, including streets and driveways, where applicable, minimizes hillside visibility and, where applicable, skylining by using a combination of stepped building forms, natural colors and materials, sloped roofs, and landscaping.

10. Every lot shall be designed to be connected to public water and sewer systems, unless the property is over five hundred feet (500') from a public system as measured from the closest property line and an alternative utility system is approved by the city engineer.

B. Grading:

1. Essential grading is shaped to blend with natural landforms and to minimize the necessity of padding and/or terracing of building sites. Cut and fill are shaped, rounded, minimized and nonuniform to simulate natural existing contours.

2. Areas which are not well suited for development because of existing soil conditions, ridges, ridgelines, ridge tops, knolls, saddles, summits, wildlife habitat, natural features or hydrology are allocated for open site area or recreational uses.

3. The development is in accordance with the design criteria, as applicable, as set forth in article H of this chapter and title 7 of this code.

C. Architectural Quality:

1. The proposed project maintains the quality of materials and design that is appropriate to the location, the lot and the neighborhood.

2. The proposed improvements conform to natural landscape features by minimizing the degree of cuts and fills.

3. The plan includes the location of all exterior lighting. All lighting shall be directed onto the subject lot and shall not be directed towards other properties.

4. Building design includes weather protection that prevents water from dripping or snow from sliding onto pedestrian or vehicle areas or onto adjacent properties.

5. Any exterior addition or alteration to an existing building is compatible with the design character of the original building. Any new detached structure is compatible with the design character of the existing buildings and/or structure(s).

6. All improvements are designed to minimize light and sound emanating to other properties as set forth in article B of this chapter.

7. Rooftop chimneys and utilities are enclosed and design is consistent with the primary structure.

D. Wildland Fire Resistant Design: This subsection contains evaluation criteria intended to mitigate risk to structures due to wildland fire events, thereby enhancing health, safety, and general welfare. The criteria herein are not intended to prevent the use of alternative methodology that has been demonstrated to mitigate wildland fire risk to structures, or to limit the use of new technologies or construction methods that emerge after adoption of this subsection.

In addition to the evaluation criteria contained within this subsection all new construction, additions to existing structures, and alterations to existing structures are encouraged to incorporate fire-resistant construction techniques detailed in the latest publication of the International Code Council Wildland-Urban Interface (IWUI) code and the Insurance Institute for Business and Home Safety’s National Fire Protection Association publications, where practical.

1. Zero-to-Five-Foot Non-Combustible or Immediate Zone: In addition to landscaping and other standards discussed in Article A. Design Review Regulations, all new construction, all additions to existing structures, and all landscape alteration projects are encouraged to create and maintain a non-combustible zone within the first zero to five feet (5') in width as measured from the perimeter of a structure’s foundation and any appendages attached to the structure such as decks, fences, porte cocheres, pergolas, and utility screening. Concrete, metal, gravel, bricks and pavers are examples of non-combustible materials.

a. Vegetation: Plants, trees, grasses, shrubs and other forms of vegetation are generally discouraged from being located in the Immediate Zone, however, low-growing shrubs, ornamental grasses, and perennials that are considered highly fire-resistant according to publications such as the Fire Resistance of Plants Master Database for Southern Idaho, and are widely spaced and sparsely planted, are acceptable.

(1) All trees however are encouraged to be sited in locations that will ensure limbs and branches, at maturity, maintain a ten foot (10') distance from all structures, including fences and other accessory structures. The intent is to reduce the spread of fire from the tree canopy to adjacent structures.

b. Exterior furnishings and accessories made from combustible materials, as well as wood mulch, and firewood are discouraged from being located within the Zero-to-Five-Foot Non-combustible or Immediate Zone.

2. Decks, fences, and other appendages to buildings:

a. First story decks: New first story decks, deck expansions, and existing decks that are being reconstructed are encouraged to be constructed with fire-resistant materials or to be designed and constructed as a hardscape patio instead. All first story decks are encouraged to have ember-resistant screening installed in such a manner to prevent leaves and other debris, as well as embers, from accumulating underneath the deck. Parcels with existing decks that undergo other landscape alteration activities are encouraged to retrofit existing first story decks with ember-resistant screening.

b. Second story and above decks: New second story and above decks, deck expansions, and decks that are being reconstructed are encouraged to be constructed with fire-resistant materials. This includes use of non-combustible posts, or posts clad in non-combustible materials, use of non-combustible railings and use of non-combustible surface materials.

c. Fences, walls, retaining walls, screens, and dog runs are encouraged to be constructed of non-combustible materials within the Immediate Zone (Zero-to-Five-Foot Non-combustible Zone) of all structures. Fences, walls, retaining walls, screens and dog runs are encouraged to have non-combustible edging located at grade in order to mitigate the spread of fire.

d. Other appendages: Other appendages such as utility screening fences and enclosures are encouraged to be constructed of fire-resistant materials and to be designed in a manner that mitigates the accumulation of debris or embers within and adjacent to the appendage.

3. Cladding: Cladding installed on new construction, additions to existing structures, and replacement cladding installed on existing structures is encouraged to be non-combustible. Non-combustible materials that are high-quality and otherwise consistent with Article A, Design Review, are preferred. Additionally, the use of specialized paint or coatings that enhance the fire or ignition resistance of building materials is encouraged, provided ongoing maintenance occurs in alignment with manufacture’s specification.

4. Windows and Doors: Where feasible, dual-tempered pane glass is encouraged for all fenestration for new construction, additions, and window and door replacement projects. Non-combustible materials are encouraged to be used for all fenestration assemblies as well. Use of dual-tempered pane glass is highly encouraged in locations where vegetation is located within the Zero-to-Five-Foot Non-combustible Zone.

5. Gutters: New construction, additions, and gutter replacement projects are encouraged to install non-combustible gutters with guards that prevent the accumulation of leaves or embers within the gutters.

6. Soffits and rafters: All new construction and additions are encouraged to utilize enclosed soffits and to enclose rafters. Exterior remodels to existing structures are encouraged to utilize enclosed soffits and to enclose rafters.

7. Openings: Ember-resistant screens are encouraged to be used for all penetrations and openings to new and existing structures, in accordance with applicable building codes and appliance manufacturer’s specifications, with the exception of plumbing vents.

E. Pedestrian And Vehicle Circulation Design:

1. Pedestrian and vehicle accesses are provided that meet the requirements set forth in title 7 of this code and comply with the current and future circulation plans for streets and nonvehicular paths contained in the 2015 Sun Valley transportation plan and any amendments thereto.

2. The site plan provides for safe and uninhibited traffic flow both within the project and onto adjacent streets. Site distances and proper signage are in accordance with title 7 of this code.

3. Parking areas meet aisle dimensions, backup space and turning radius requirements in accordance with title 7 of this code.

4. Parking areas are designed to minimize adverse impacts upon living areas and upon adjacent properties with regard to noise, light, and visual impact.

5. Unobstructed access for fire and emergency vehicles complies with title 8 of this code and other applicable city regulations. Unobstructed access for snowplows, garbage trucks and similar service vehicles is provided to all necessary locations within the project.

F. Landscaping Quality: “Landscaping” is defined in Chapter 1, Article C, Definitions. In addition to the criteria contained in 9-3A-3 -A-1, 9-3A-3 -A-2, and 9-3A-3 -D, landscape plans shall be evaluated with the criteria in this section. In addition, application materials shall include a narrative statement addressing the criteria in this section.

1. Landscape plans and renderings shall identify the proposed height range of each vegetation species at the time of planting and the potential height range of each vegetation species at maturity.

2. Landscape materials and vegetation types and sizes specified are appropriate and readily adaptable to the microclimate and soil conditions of the project location. Fire-resistant, native drought resistant, and winter hardy plant materials are encouraged.

3. Landscape materials and vegetation types, planting locations, and planting density take into consideration survivable space around a structure at the time of planting and at maturity. The spacing, density, and placement of landscaping at the time of planting and at maturity shall ensure that firefighters can easily navigate around a structure’s perimeter.

a. As stated in subsection D, Wildland Fire Resistant Design, all trees are encouraged to be sited in locations that will ensure limbs and branches, at maturity, maintain a ten-foot (10') distance from all structures, including fences and other accessory structures. The intent is to reduce the spread of fire from the tree canopy to adjacent structures.

4. Tree species with potential mature heights that do not exceed the height of the building or structure being screened are recommended and encouraged in order to mitigate impacts to view corridors. In addition, consideration to view corridors shall be given with respect to the potential mature heights of trees planted within required setbacks. In order to mitigate crown fires, the spacing between tree canopies at mature height should be considered, with greater space provided relative to the trees’ potential mature height.

5. The locations of tree and shrub species that sucker (the growth of new shoots from the base of the tree, shrub, or its roots) should be evaluated in terms of their immediate planting density at time of planting as well as long-term density at maturity. Landscape plans shall identify trees and shrub species that sucker. Trees and shrubs that sucker are discouraged from being planted within thirty feet (30') from structures in order to promote survivable space.

6. For all vegetation planted in required property setbacks the impact of canopy shading on ground cover vegetation, suckering (the growth of new shoots from the base of the tree, shrub, or its roots), and canopy and root system encroachment into adjacent properties and rights-of-ways should be evaluated. The planting of vegetation in property setbacks that has the potential to become denser (due to suckering or canopy growth) or to have negative off-site impacts (due to suckering or root system growth) is discouraged, except in instances where such vegetation enhances a riparian zone.

7. Japanese yew (Taxus cuspidata), European or English yew (Taxus baccata), and Chinese yew (Taxus chinensis) and their hybrids are prohibited due to their toxicity to animals, including wildlife, and humans.

8. Existing trees, shrub masses, and important landscape features are encouraged to be preserved when a site is developed or redeveloped, where reasonable, and when not in conflict with other criteria in this section. The removal of trees, shrubs, and nonhazardous plant materials is generally limited to those essential for a sensitive development of the site, and to create survivable space around structures.

9. Landscape buffer areas that provide screening between adjacent properties, different land use zones, and between streets and off-street parking lots are provided. Landscape buffers should balance the benefits of screening and buffering with the benefits of selecting fire-resistant vegetation species, greater spacing, and lower density of plantings in order to reduce the spread of wildfires. Street trees, public courtyards and appropriate pedestrian and bicycle path linkages are encouraged.

10. The ability to prune, irrigate, service or otherwise maintain all vegetation and landscaping materials has informed the siting and locations of all such improvements.

G. Irrigation Limits:

1. In order to fairly distribute available domestic irrigation water to all residential lots and parcels served by the Sun Valley Water and Sewer District, the total area of any lot or parcel irrigated with Sun Valley water and sewer district water shall not exceed the following:

a. For RA and RS-1 single-family lots, the total area of all irrigated portions of the lot or parcel shall not exceed twenty two thousand (22,000) square feet (approximately 1/2 acre).

b. For RS-2 cluster single-family development parcels, and for RM-1 and RM-2 multiple-family development parcels, the total area of all irrigated portions of the development parcel shall not exceed fifty percent (50%) of the total development parcel size or one-half (1/2) acre of irrigated area per acre of development parcel.

c. Temporary irrigation for revegetation of areas that were disturbed during construction and that when included exceed the maximum allowable irrigated area set forth herein, may be allowed up to two (2) growing seasons after landscape completion to irrigate and revegetate the disturbed areas. Application materials shall include a narrative statement addressing how the irrigation system is zoned and the methodology that will be used to decommission temporary irrigation.

d. When trees are approved in “natural grass areas” where there is little or no irrigation planned or installed, a subsurface drip system that does not irrigate beyond the “drip line” of the tree or trees may be installed to water just the trees and as such, will not count as part of the irrigation limits set forth above.

H. Fences, Walls, Retaining Walls, Screens, And Dog Runs:

1. Fences, screens, and dog runs are designed to be consistent with the architectural character of the structures on the property.

2. Fencing and screening materials are finished on both sides.

3. Fences, walls, retaining walls, screens, and dog runs are in accordance with the requirements set forth in article G, “Standard Regulations”, of this chapter, including the provision that in all zoning districts, fences, screens, retaining walls, and freestanding walls may be approved in excess of the maximum height limit through the design review process.

4. Fences, walls, retaining walls and dog runs are encouraged to be designed consistent with the guidelines included in subsection D.

I. Sign Design:

1. Consideration shall be given to sign location, configuration, scale, design, materials, and colors in evaluating sign applications.

2. Sign materials shall be predominately natural such as, but not limited to, wood, native stone, or integrally colored stucco. Plastic and other machine made materials are discouraged.

3. Signs and supporting structures shall be architecturally compatible with the surrounding structures.

4. Signs comply with the requirements set forth in article F of this chapter.

J. Exterior Lighting:

1. All light sources shall comply with an approved exterior lighting plan as set forth in article B of this chapter.

2. All nonresidential luminaries that deviate from the requirements of article B of this chapter shall demonstrate that:

a. The proposed deviation is appropriate to the location of the lighting and the surrounding neighborhood;

b. The proposed deviation will not unreasonably diminish either the health, safety, or welfare of the surrounding neighborhood uses; and

c. The proposed deviation will not unreasonably conflict with the general intent of article B of this chapter.

K. Additional Evaluation Standards For Commercial, Public, And Multiple-Unit Projects (PUDs, RM-1, RM-2, SC, CC And OS-1 Zones, And Condominium And Townhouse Projects):

1. Proposed improvements are designed to maximize usable public/common space throughout the project.

2. Building walls that are exposed to street(s) are designed proportionally to human scale through the use of stepped building walls; undulating building walls; windows; balconies; mixture of materials, textures, and colors; and other architectural means.

3. Exterior circulation to public sidewalks and streets is provided. Sidewalks and thoroughfares that are covered by awnings, arcades, or other canopies for weather protection are encouraged.

4. Service and delivery vehicle (garbage, supplies, laundry, etc.) access, circulation, and areas are appropriate for the size of the development. Access, circulation, snow storage, and screened trash and storage areas are depicted on the plans using flow diagrams. (Ord. 382, 10-25-2006; amd. Ord. 421, 1-21-2010; Ord. 455, 12-6-2012; Ord. 578, 5-1-2025; Ord. 582, 10-2-2025)

9-3A-4: COMPLETION OF IMPROVEMENTS:

An applicant shall follow the procedures set forth below to ensure substantial completion of the proposed project and improvements according to the plans and specifications as approved:

A. Agreement: The applicant shall complete the construction of the improvements according to the approved plans, specifications, and findings of fact.

B. Time Limitations: Approval duration and extensions of approvals shall follow the regulations contained in section 9-5A-8.

C. Request For Surety Guarantee: When a Certificate of Occupancy or Completion for the Building Permit associated with the Design Review application is sought, if non-life safety improvements approved through Design Review are not completed the applicant shall do one of the following:

1. Post a performance or completion bond for one hundred fifty percent (150%) of the estimated cost to complete the improvements specified in the approved plans, specifications and findings of fact; or

2. Post an irrevocable letter of credit with a bank or lending institution acceptable to the city for one hundred fifty percent (150%) of the estimated cost to complete the improvements specified in the approved plans, specifications, and findings of fact.

D. Written Estimate: A written estimate for the cost to complete all improvements and specifications according to the approved Findings of Fact shall be submitted and approved by the director or their designee. (Ord. 418, 2-19-2009; amd. Ord. 578, 5-1-2025)

9-3B-1: PURPOSE:

The purpose of these regulations is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This article establishes standards for exterior lighting in order to accomplish the following:

A. To provide safe streets for motorists, cyclists, and pedestrians, and ensure that sufficient lighting can be provided where needed to promote safety and security;

B. To minimize the effects of direct glare and excessive lighting;

C. To protect the ability to view the night sky, and help preserve the quality of life and the tourist experience;

D. To prevent light trespass in all areas of the city;

E. To promote energy efficient and cost effective lighting in all areas of the city;

F. To allow for flexibility in the style of lighting fixtures;

G. To define practical and effective measures by which the obtrusive aspects of outdoor light usage can be minimized, and provide lighting practices that direct the appropriate amount of light where and when it is needed;

H. To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this article; and

I. To work with other jurisdictions within Blaine County to meet the purposes of this article, including supporting cooperation on efforts and goals of the Central Idaho Dark Sky Reserve. (Ord. 382, 10-25-2006; amd. Ord. 543, 9-3-2020)

9-3B-2: DEFINITIONS:

AREA LIGHT:	A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights, and yard lights.
AVERAGE HORIZONTAL FOOT-CANDLE:	The average level of illuminance for a given situation (with snow cover if that is to be expected in the given situation) measured at ground level with the light meter placed parallel to the ground.
BACK LIGHTING:	An indirect source of light which is located behind the sign surface or is shielded from the viewer’s eyes by a translucent or opaque material.
CORRELATED COLOR TEMPERATURE (CCT):	The characterization of the color content, or spectrum (“warmness” or “coolness”), of a light source measured in Kelvin (K). Lamps with a CCT of less than 3000K are considered “warm.” Lamps with a CCT greater than 4000K are bluish-white and are considered “cool.”
DIRECTIONAL FLOODLIGHT:	A fully shielded fixture that is angled no higher than twenty-five degrees (25°) degrees from vertical and which targets a specific area to be lit.
EXTERIOR LIGHTING:	Temporary or permanent outdoor lighting that is installed, located, or used in such manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this title.
FLOODLIGHT:	A light fixture that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a well-defined area with light.
FOOT-CANDLE (fc):	The American unit used to measure the total amount of light cast on a surface (illumination). One (1) foot-candle is equivalent to the illuminance produced by a source of one (1) candle at a distance of one foot (1'). For example, the full moon produces 1.01 fc (fc are measured with a light meter). One (1) foot-candle is approximately equal to one lumen per square foot.
GLARE:	Stray light striking the eye that may result in:
	A. Nuisance or annoyance glare such as light shining into a window;
	B. Discomfort glare such as bright light causing squinting of the eyes;
	C. Disabling glare such as bright light reducing the ability of the eyes to see into shadows; and
	D. Reduction of visual performance.
HOLIDAY LIGHTING:	Exterior lighting consisting of strings or individual lamps, where the output per lamp is not greater than fifteen (15) lumens.
IESNA:	Illuminating Engineering Society of North America (IES or IESNA). The professional society of lighting engineers.
IESNA RECOMMENDED PRACTICES:	The current publications of the IESNA setting forth illuminance levels.
ILLUMINANCE:	The amount of lighting falling on any point of a surface measured in foot-candles, lumens, or lux; foot-candles are measured as lumens per square foot, and lux is measure as lumens per square meter.
INDIRECT LIGHTING:	A light source that is concealed from public view and separate from the surface and illuminating the sign surface by means of spotlight or similar fixtures.
LAMP:	The generic term for a source of optical radiation (light), often called a “bulb” or “tube.” Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.
LIGHT:	The form of radiant energy acting on the retina of the eye to make sight possible.
LIGHT POLLUTION:	Any adverse effect of artificial night light including by not limited to, discomfort to the eye or diminished vision due to glare, light trespass, or any manmade light that diminishes the ability to view the night sky.
LIGHT TRESSPASS:	Light falling on the property of another or the public right-of-way when it is not required to do so.
LIGHTING:	Any or all parts of a luminaire that function to produce light.
LUMEN:	The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty (60) watt incandescent lamp produces nine hundred fifty (950) lumens while a fifty-five (55) watt low pressure sodium lamp produces eight thousand (8,000) lumens and a fifteen (15) watt LED bulb produces nine hundred (900) lumens. LED bulbs are eighty percent (80%) more efficient than incandescent lighting.
LUMINAIRE:	A complete lighting unit, consisting of lamp or lamps together with the parts designated to distribute the light, to position and protect the lamps, and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as “fixture.”
LUMINAIRE, PARTIALLY SHIELDED:	The luminaire incorporates a translucent barrier, the “partial shield” around the lamp that allows some light to pass through the barrier of the fixture’s walls while concealing the lamp from the viewer.
LUMINAIRE, EIGHTY-FIVE DEGREE CUTOFF TYPE:	Luminaires that do not allow light to escape from above an eighty-five degree angle measured from a vertical line from the center of the lamp extended to the ground.
LUMINAIRES, FULL CUT OFF:	A luminaire designed and mounted level where no light is emitted at or above a horizontal plane running through the lowest point of the luminaire.
LUMINAIRES, FULLY SHIELDED:	The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier on the top and sides of the fixture.
LUMINAIRES, UNSHIELDED:	The luminaire only incorporates clear glass, which permits all light to escape.
NONESSENTIAL LIGHTING:	Lighting that is not necessary for an intended purpose after the purpose has been served. Does not include any lighting used for safety and/or public circulation purposes.
OPAQUE:	The effect of a part or parts of a luminaire that provide(s) a barrier above and in some cases around the lamp, that does not allow for any light to pass through.
PANCHANNELED LIGHTING:	Indirect, concealed light source which element is attached directly to the face of the sign.
SKYGLOW:	The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor, and other particles suspended in the atmosphere.
TEMPORARY LIGHTING:	Lighting that is intended to be used for a special event for seven (7) days or less, and temporary construction lighting.
TRANSLUCENT:	The effect of a part or parts of a luminaire that provide(s) a barrier around the lamp that allows some light to pass through the barrier in a diffused manner, such that the lamp cannot be clearly distinguished.
UPLIGHTING:	Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal place.
WALL WASH:	The diversion of artificial lighting from the exterior surface of a building or structure. (Ord. 543, 9-3-2020)

9-3B-3: APPLICABILITY:

A. All exterior lighting installed after the effective date hereof in any and all zoning districts in the City shall be in conformance with the requirements established by this chapter and any other applicable ordinances. All existing lighting installed prior to the effective date hereof in any and all zoning districts shall be addressed as follows.

B. All existing exterior lighting located on a subject property that is part of an application for design review approval, a conditional use permit, subdivision approval, or a building permit is required to be brought into conformance with this article before issuance of a certificate of occupancy, final inspection or final plat recordation, when applicable.

C. Lighting Plans Required: All applications for design review approval, a conditional use permit, subdivision approval, or a building permit shall include lighting plans showing location, type, height, color temperature, lumen output and amount of all proposed and existing fixtures. A photometric illumination study shall be required for all development in Commercial zoning districts and for complex residential lighting projects, as determined by Community Development Department staff. The applicant shall provide enough information to verify that lighting conforms to the provisions of this chapter. The Community Development Director, Commission and/or Building Official shall have the authority to request additional information in order to achieve the purposes of this chapter.

D. All existing exterior lighting in any and all zoning districts in the City that is not in conformance with the chapter, shall be brought into conformance by August 1, 2025. (Ord. 543, 9-3-2020)

9-3B-4: LIGHTING STANDARDS:

A. General Standards:

1. Correlated Color Temperature: All exterior lighting shall utilize light sources to not exceed three thousand (3,000) Kelvin.

2. Light Trespass and Overlighting: All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. All vehicle lighting originating from a commercial property shall be shielded from other adjacent properties. Incidental light trespass (lighting emanating from turning motor vehicles) is permitted.

3. Maximum Lighting Allowed: The total amount of outdoor lighting shall not exceed the following maximum lumen allowances per site as identified below per zoning district in Table 9-3B-1. Maximum Lumen Allowance. These lumen allowances are upper limits and should not be interpreted as design goals. Instead, design goals should be the lowest levels of lumens necessary to meet lighting requirements of the site.

TABLE 9-3B-1.

MAXIMUM LUMEN ALLOWANCE

Zoning District	Recreation & Open Space (REC, OS. OR-1)	Residential (RS-1, RS-2, RM-1, RM-2)	Commercial & Public Institutional (CC, SC, PI)
Allowed Base Lumens Per Site	2000 Lm	5,000 Lm	14,000 Lm
Total Site Lumen Allowance	.5 Lm (Lot Square footage)1	5000 + 1.25 Lm (Allowable Building Footprint)	14,000 + 5 Lm (Proposed Building Footprint)2

1 Additional lumens in excess of the calculated allowance may be permitted through the design review process for conditionally permitted uses in the Recreation zoning district, including but not limited to schools, churches, etc. with a finding the exceeding the allowance is necessary to meet public safety or security needs.

2 Additional lumens in excess of the calculated allowance may be permitted through the design review process in Commercial and Public Institutional zoning districts with a finding that exceeding the allowance is necessary to meet public safety or security needs.

4. Nonessential Lighting: All nonessential exterior commercial, recreational, and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer shall be used. Sensor activated lights shall be used to replace existing lighting that is desired for security purposes.

5. Area Lights: All area lights, including streetlights and parking area lighting, shall be level mounted and a minimum eighty-five degree (85°) full cutoff type luminaires.

a. Residential streetlights shall be LED and are limited to six thousand four hundred (6,400) lumens, unless otherwise recommended by the Street Department.

b. Non-residential streetlights shall be LED and are limited to nine thousand five hundred (9,500) lumens, unless otherwise recommended by the Street Department.

c. Parking area lights shall be no taller than seventeen feet (17') as measured from the ground to their tallest point. Parking area lights in the Commercial and Public Institutional zoning districts shall have a correlated color temperature of no greater than twenty-seven hundred Kelvin (2,700K) and shall utilize adaptive lighting controls to reduce light output during vacant periods. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. Parking lot lighting shall not exceed the Illuminating Engineering Society of North American (IESNA) recommended illuminance (foot-candle) level and are encouraged to utilize the lowest range available.

d. All freestanding area lights within a residential zone, except streetlights, shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary and are not to exceed twelve feet (12').

e. Freestanding luminaires shall be no higher than seventeen feet (17') from the ground level to the top of the luminaires, except that luminaires used for playing fields shall be exempt from the height restriction provided all other provisions of this chapter are met and the light is used only while the field or court is in use; and except that street lights on arterial streets may exceed seventeen feet in height, with recommendation by the Commission, and only with a finding that exceeding seventeen feet is necessary to protect the safety of residences of the City. Freestanding luminaires in the Commercial and Public Institutional zoning districts shall have a correlated color temperature of no greater than twenty-seven hundred Kelvin (2,700K) and shall utilize adaptive lighting controls to reduce light output during vacant periods.

6. Public Outdoor Lighting: Public outdoor lighting, including holiday lighting, shall be permitted to ensure the safety and enjoyment of the intended public use. All public lighting shall comply with the standards established herein and shall be turned off after hours of operation or when not in use. When practically possible, motion sensors shall be used. New public outdoor lighting, including street lighting, parking area lights, freestanding luminaires, and exterior fixtures on municipal buildings shall be allowed as recommended by the Street Department and Community Development Department when determined necessary for public safety and/or security needs.

7. IESNA Guidelines: The Commission or Community Development Director may require that any new lighting or existing lighting that comes before them meet the guidelines for maximum illuminance output as established by the IESNA.

8. Luminaires: Idaho Power shall not install any luminaires after the effective date hereof that light the public right of way without first receiving approval for any such application by the Community Development Director and Street Department.

B. Illuminance and Type of Lamp:

1. Illuminance levels for parking lots, sidewalks, and other walkways provided illuminance from side mounted building lights, and freestanding sidewalk lights (not streetlights) shall not exceed maximum illuminance levels listed in the most current “IESNA Recommended Practices.” The city recognizes that not every such area will require lighting.

2. Aboveground parking lot lighting shall not exceed an overall average illumination of 1.5 foot-candles (1.5 Lumens/Square foot). Interior parking structure lighting shall not exceed the minimum security illumination levels listed in the most current “IESNA Recommended Practices”.

3. The use of lighting for exterior wall washing is discouraged and limited for residences, condominiums, and apartments; the use of recessed eaves lighting to achieve wall washing is preferred, and wall washing should strive for uniform illumination distribution. The maximum average illumination limits for wall washing are:

a. Dark colored exterior surfaces: 1.0 foot-candle (1.0 Lumens/Square foot).

b. Light colored exterior surfaces: 0.5 foot-candle (.5 Lumens/Square foot).

c. Illuminance measurements of indirect light creating wall wash shall be measured with an illuminance meter four feet (4') from ground level with the meter held horizontally and touching the wall surface.

C. Lighting Fixtures:

1. All exterior lighting shall comply with the acceptable lighting fixtures located in Figure 1. Lighting Fixture Guidelines, of this subsection C. All exterior lighting shall be full cutoff fixtures with the light source fully shielded, except as exempted in this chapter.

2. Luminaires that have a maximum output under one thousand (1,000) lumens per fixture (equal to one 60-watt incandescent lamp) regardless of number of lamps, may be partially shielded provided the luminaires have an opaque top or are under a solid overhang.

3. In no case shall clear glass or highly translucent glass luminaires be allowed where the lamp is visible. Clear glass gas lanterns are exempt from this requirement.

4. Nonresidential Luminaires: Nonresidential luminaires may deviate from the requirements of these exterior lighting regulations only upon submitting for Commission approval a design review application under article A of this chapter, detailing the specific reasons for the proposed deviation. The Commission may approve, deny, or approve with conditions any such application submitted under this section.

D. Tables and Information Sheets: The following figures and information sheets shall be guidelines for the public and the city for use in enforcing this article. The city does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. Additional information is provided at the Sun Valley Community Development Department.

Figure 1. Lighting Fixture Guidelines

TABLE 9-3B-2.

LIGHTING FIXTURE EXCEPTIONS AND ADDITIONAL REQUIREMENTS

Type Of Lighting	Full Cutoff Light Fixture	Light Trespass Standards	Additional Requirements
Canopy lighting	Required	Not exempt	All canopy lighting, such as service station lighting or covered entries, shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties.
Uplighting	Not required	Not exempt	Uplighting is prohibited in all zoning districts except as where permitted in this chapter.
Outdoor Recreational Lighting	Required	Not exempt	Exempt from lumen allowance and height requirements.
			Field lighting must be designed, directed, and shielded to illuminate only the surface of play and the viewing stands.
			Shall follow IESNA recommended guidelines according to the appropriate class of recreational sport.
			Lighting shall be completely extinguished by 11:00 PM or one hour after the end of the event, whichever is later. Timers shall be utilized.
Flagpole lighting	Not required	Exempt	Upward flagpole lighting is permitted for governmental flags only.
			The maximum lumen output shall be 1,300 lumens.
			The external beam shall minimize light trespass and glare.
			Flags are encouraged to be taken down at sunset to avoid the need for lighting.
Floodlights	Required	Not exempt	Floodlights with external shielding shall be angled provided that no light escapes above a 25-degree angle measured from the vertical line from the center of the light extended to the ground.
Floodlights (cont.)			Floodlights shall not cause glare or light to shine directly on adjacent property or public rights-of-way
			Residential floodlights shall be turned off by eleven (11:00) P.M.
			Shall be encouraged to use timers that allow a floodlight to go on at dusk and off by eleven (11:00) PM.
			Shall be required to be motion sensor activated.
			Halogen flood lights are exempt from the color temperature requirements set forth in this chapter.
Holiday lights	Not required	Exempt	Residential holiday lighting shall only be displayed from November 20th to March 15th.
			Commercial holiday lighting shall only be displayed from November 1st to March 15th.
			Holiday lights are exempt from color temperature requirements set forth in this chapter.
			All new holiday lighting shall be LED lighting, or a bulb that has been demonstrated to be the most energy efficient technology available.
			Flashing holiday lighting is not permitted.
			All private holiday lighting shall be turned off at the close of business hours in the Commercial Center Zoning District, and after 11:00 PM in all other zoning districts.
Neon lights	Not required	Not exempt	Not permitted.
Sign Lighting	Required	Not exempt	Lighting must be designed, directed, and shielded to illuminate only the face of the sign; and to prevent glare and light trespass onto neighboring properties or into a public right-of-way.
Sign Lighting (cont.)			Signs may be illuminated via internal, external, backlit, or pan channel lighting.
			Sign lighting must also meet the requirements as defined in Article F. Sign Regulations, Table 9-3F-2: Sign Category Chart.
Sensor activated lighting	Required	Exempt	Shall be located so as to prevent lighting into adjacent properties or into a public right-of-way.
			Lighting shall activate only when motion on the property is detected and shall deactivate within no more than 5 minutes.
			Lighting shall not be triggered by any activity off the property or in the public right-of-way.
			The maximum lumen output shall be 600 lumens.
Temporary emergency and traffic control lighting	Not required	Exempt	Lighting utilized by public safety services (fire, police, repair workers).
Temporary lighting	Required	Exempt	Lumens output shall be approved by Community Development Director.

TABLE 9-3B-3.

ADDITIONAL DEVELOPMENT RESTRICTIONS

Development	Full Cutoff Light Fixture	Light Trespass Standards	Additional Requirements
Motor vehicle fueling stations and motor vehicle service stations	Required	Not exempt	The average foot-candle lighting level at the pump for new and existing service stations is required to be no greater than 30 foot-candle average, as set by the IESNA for urban service stations.
Towers for radio communication and navigation	Not required	Not exempt	All radio, communication and navigation towers that require lights shall have dual lighting capabilities.
			For daytime, the white strobe light may be used, and for nighttime, only red lights shall be used.
			Lighting that is required by legal jurisdictions are exempt from this provision.

(Ord. 382, 10-25-2006; amd. Ord. 543, 9-3-2020)

9-3B-5: PROHIBITED LIGHTING:

A. Any light source that does not meet the requirements of this chapter.

B. Searchlights, beacons, laser source, neon lighting, and other high-intensity light fixtures.

C. Lighting from remote operated drones.

D. Except as otherwise allowed by this title, any lighting that is flashing, blinking, rotating, chasing, or rapidly changing in color or intensity is prohibited. (Ord. 543, 9-3-2020)

9-3B-6: ENFORCEMENT:

Violation; Penalties: If the Community Development Director finds that any provision of this article is being violated, the Community Development Director shall give notice by certified mail, of such violation to the owner and/or to the occupant of the subject property. Continued non-compliance for more than seven (7) says after receipt of the notice shall result in citation. Per Section 8-1-3, such violations shall be considered an infraction, subject to a fine of not more than one hundred dollars ($100.00). Each day that said infraction violation continues shall be considered a separate offense. Community Development Department staff shall be available to assist in working with the violator to correct said violation. (Ord. 543, 9-3-2020)

9-3B-7: NOTIFICATION:

Community Development Department permits shall include a statement asking whether the subject property of any proposed development or use includes any exterior lighting. (Ord. 543, 9-3-2020)

9-3B-8: CITY ROLE:

The City will commit to changing all lighting within the City rights-of-way and on City owned property to meet the requirements of this chapter. (Ord. 543, 9-3-2020)

9-3E-1: PURPOSE:

The purpose of this article is to provide regulations and standards for off street parking and loading facilities with the intent to minimize traffic hazards and congestion, and mitigate impacts on surrounding properties. (Ord. 382, 10-25-2006)

9-3E-2: APPLICABILITY:

The following standards shall apply to any new construction, alteration, or any new or more intense use of property. The number of off street parking spaces, as set forth in this article, shall be provided for all allowed uses in all districts. (Ord. 382, 10-25-2006)

9-3E-3: DESIGN STANDARDS:

A. Design Of Parking Areas:

1. All parking areas shall be designed and constructed to provide the type and number of off street parking spaces required by this article, and designed as required by this section.

2. Parking areas shall provide adequate snow storage and removal space and adequate drainage facilities in accordance with the design criteria, as applicable, as set forth in title 7 of this code.

3. Location of parking spaces relative to structure(s):

a. Parking spaces for all detached residential dwelling units shall be located on the same lot as the use that they are intended to serve.

b. Parking for attached residential dwelling units shall be located not more than three hundred feet (300') from the dwelling units, except as provided by section 9-3E-5 of this article.

c. In the RM-1 and RM-2 districts, parking spaces shall be grouped together into parking areas or compounds, to the maximum extent possible.

4. The size of the garage required for dwelling units shall be measured by interior dimensions and shall be at least ten feet by twenty feet (10' x 20') for a one space garage and twenty feet by twenty feet (20' x 20') for a two (2) space garage.

5. Designated parking spaces shall not be located within any required setback areas on the lot as set forth in chapter 2 of this title, unless adequate screening is provided.

6. All required parking as determined in section 9-3E-4 of this article shall be designed for standard vehicles. Compact stalls may be used for any parking above the number of required parking spaces.

7. All parking lots and garages shall provide on site turnarounds for all off street parking spaces and loading facilities in accord with requirements set forth by the city fire chief.

8. Parking stalls and driving aisles shall be designed in accordance with the standards in title 7 of this code.

B. Design Of Bicycle Parking Facilities:

1. Bicycle parking facilities shall be located as close as possible to the building entrance(s).

2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks, or building entrances.

3. Bicycle parking facilities shall support the bicycle and allow the owner to lock the frame and front wheel with one (1) lock. (Ord. 382, 10-25-2006)

9-3E-4: REQUIRED NUMBER OF OFF STREET PARKING SPACES:

A. Required number of off street parking spaces are as follows:

Accessory dwelling unit	Each unit shall have 1 parking space, either enclosed or not enclosed.
Art studios and galleries and childcare facilities	1 on site parking space for every 750 square feet of net usable floor area and a minimum of 2 on site employee parking spaces.
Convention facilities	1 on site parking space for every 500 square feet of net usable floor area.
Dormitory	1 space per every 4 sleeping beds.
Hotels	1 on site parking space for each sleeping room or for every 3 beds, whichever is greater, plus 1 on site employee parking space for every 5 sleeping rooms.
Multiple-family dwelling unit and townhouse development in CC District	Each unit shall have at least the following:
	1. 21/2 parking spaces for each dwelling unit containing more than 2,400 square feet of living area; or
	2. 11/2 parking spaces for a unit containing between 1,200 square feet and 2,400 square feet of living area; or
	3. Deed restricted work force housing units which shall have at least 1 parking space, enclosed or unenclosed; or
	4. 1/2 parking space for a compact dwelling unit (less than 1,200 square feet); and
	5. 1/2 additional unassigned parking space for each dwelling unit.
	6. 1 parking space for deed restricted dwelling unit.
Performing arts centers, amphitheaters, education centers	1 on site parking space for every 4 seats or 1 on site parking space for every 60 square feet of net usable floor area in an auditorium or place for public assembly, whichever is greater.
Professional offices, retail and service uses, including restaurants and drinking establishments	1 on site parking space for every 250 square feet of net usable floor area, plus 1 additional on site employee parking space for every 750 square feet of net usable floor area.
Single-family dwelling unit	Each unit shall have at least 2 parking spaces, at least 1 of which shall be enclosed, with the exception of deed restricted work force housing units which shall have at least 1 parking space, enclosed or unenclosed.
Single-family dwelling unit in cluster arrangement, townhouse, or multi- family unit	Each unit shall have at least 2 parking spaces, at least 1 of which shall be enclosed; with the exception of deed restricted work force housing units which shall have at least 1 parking space, enclosed or unenclosed; and there shall be 1/2 additional, unassigned on site parking space for each unit.

(Ord. 382, 10-25-2006; amd. Ord. 513, 6-1-2017)

B. For uses that are not specified, the commission shall determine the required number of on site parking spaces based upon the following criteria:

1. Comparison of the particular use with those specified above;

2. Uses in the vicinity of the property;

3. A traffic study forecasting the expected traffic and parking needs expected from the use(s);

4. The availability of on street, shared, and/or public parking within the vicinity of the use; and/or

5. The availability of pedestrian and bicycle pathways, public transit, vanpooling or other alternative transportation to serve the use.

C. One (1) bicycle parking space shall be provided for every twenty five (25) vehicle parking spaces, except for single-family residences. (Ord. 382, 10-25-2006)

9-3E-5: PARKING REDUCTION:

Alternatives to providing on site parking as set forth in this section are encouraged in all developments. Alternatives shall include, but not be limited to, shared use facilities, remote parking area with transit service, access to transit service (bus, rail, gondola, and trolley), pedestrian and bicycle facilities, and availability of other forms of automobile transportation such as carpool and vanpools.

A. Conditions favorable to providing alternatives to on site parking are as follows:

1. Shared use:

a. There are convenient pedestrian connections between separate properties;

b. The properties and/or uses are within one thousand feet (1,000') of each other;

c. The principal operating hours of the uses are not in substantial conflict with one another; or

d. Directional signs provide notice of the availability of parking.

2. Alternative transportation:

a. There is a transit stop or regional pedestrian and bicycle path within one-fourth (1/4) mile of the use;

b. There is a program for carpooling, vanpooling, or transit supported by the employer; or

c. The site is served by a park and ride lot or remote centralized parking with transit service.

B. Where alternative modes of transportation are available or a parking study has demonstrated that parking as required by section 9-3E-4 of this article is not required, on site parking may be reduced as determined acceptable to the Director and approved by the commission through a conditional use permit process. (Ord. 382, 10-25-2006)

9-3E-6: OFF STREET LOADING SPACE REQUIREMENTS:

A. Commercial Uses: Adequate off street loading space for commercial uses shall be provided to meet the needs of the use.

B. Backing Into Street: All off street loading areas shall be designed to limit vehicles from backing out into the street.

C. Screening Required: All off street loading spaces shall be screened from view from the public right-of-way.

D. Proximity To Residential District: No off street loading space shall be located closer than fifty feet (50') to an abutting residential district unless wholly enclosed within a sound attenuating structure. Any off street loading space located within fifty feet (50') of a residential district shall not operate between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 382, 10-25-2006)

9-3F-1: PURPOSE:

The purpose of these regulations is to create the legal framework for a comprehensive and balanced system of street graphics. It is the intention of this article to authorize the use of street graphics that are:

A. Compatible with their surroundings; (Ord. 382, 10-25-2006)

B. Appropriate to the type of use and zoning district to which they pertain; (Ord. 482, 3-3-2016)

C. Expressive of the identity of individual proprietors and the community as a whole; and

D. Legible in the circumstances in which they are seen. (Ord. 382, 10-25-2006)

9-3F-2: APPLICABILITY:

In all districts, the use, placement, character, location and design of outdoor signs, or indoor signs visible or intended to be visible to the public from outside of the structure where the sign is located shall be regulated as hereinafter provided. (Ord. 382, 10-25-2006)

9-3F-3: GENERAL PROVISIONS:

The following general provisions are applicable to all signs identified in this title:

A. Location And Design: An approved sign permit shall be required prior to placement and/or erection of all signs within the City except those signs that are exempt as listed in section 9-3F-5 of this article. All signs are subject to review and approval by the Community Development Director and the Planning and Zoning Commission. (Ord. 536, 4-4-2019)

B. Number: Refers to the allowable number of signs in that category.

1. If a building or premises has two (2) or more public entrances on distinct, separate vehicular or pedestrian ways, proposals for a second sign may be approved by the commission.

2. A business or organization may be permitted freestanding, wall, and projecting and/or hanging signs or any combination thereof as long as the combined area of all sign faces does not exceed that allowed by any one sign category.

C. Height: Refers to height restrictions. The height indicated is the maximum height (above record grade or floor level) above which no portion of a sign or its structure may extend.

D. Clearance: Refers to the minimum heights (above record grade or floor level) below which no portion of a sign or its structure may extend.

E. Lighting: Refers to the type of lighting allowed in a particular sign category. All lighting shall comply with the provisions of Article B. Exterior Lighting Regulations.

F. Landscaping: Is required for all freestanding signs. The ratio of landscaped area to sign face area is two (2) square feet to one square foot. The aggregate square footage specified is the minimum square footage of landscaped area required. All required landscaping shall be irrigated and maintained by the owner of the sign. The commission may require landscaping for other categories of signs.

G. Power: All sign power sources must not be larger than the dimension of the appurtenant sign or support structure, without design review approval from the Planning and Zoning Commission. Sign power sources must be screened or sufficiently mitigated to the maximum extent possible. (Ord. 382, 10-25-2006; amd. Ord. 482, 3-3-2016; Ord. 536, 4-4-2019; Ord. 543, 9-3-2020)

9-3F-4: PROHIBITED SIGNS:

The following signs shall be prohibited in the City:

A. Animated mechanical or moving signs, mobile billboards, or electrical appurtenances, such as, but not limited to, revolving beacons or flashing signs.

B. Signs with reflective surfaces.

C. Any sign or sign structure which is deemed unsafe by the building official.

D. Any sign or sign structure which is in violation of this article.

E. Any sign located so as to conflict with the clear and obvious appearance of public devices controlling public traffic or to impair the safety of a moving vehicle by distracting the vision of the driver.

F. Any sign which obstructs the view of motor vehicle operators entering a public street from any parking area, service drive, private driveway, or other thoroughfare.

G. Any sign which obstructs free ingress/egress to or from required door, window, fire escape or other required exitway. (Ord. 382, 10-25-2006)

H. (Rep. by Ord. 482, 3-3-2016)

I. Any signs erected within the public right-of-way without an encroachment permit as required by provisions set forth in title 7 of this Code, except for governmental or utility signs and temporary signs posted for less than eight (8) hours in any twenty four (24) hour period. (Ord. 382, 10-25-2006)

9-3F-5: EXEMPT SIGNS:

The following signs shall be exempt from the rules and regulations contained herein:

A. All signs erected in a public right-of-way by a public agency controlling or directing traffic.

B. Banners hung across public rights-of-way which comply with applicable City ordinances.

C. Governmental and/or utility warning signs.

D. Temporary holiday decorations.

E. Flags.

F. Windsocks.

G. Any sign inside a building not visible from the exterior of the building.

H. Sign in or upon a vehicle; provided, that the vehicle is not left standing in conspicuous places and used primarily as an advertising device.

I. H-frame signs on private property as defined in chapter 1, article C, "Definitions", of this title. Commonly used for real estate sales and political signs.

J. L-stake signs on private property as defined in chapter 1, article C, "Definitions", of this title. Commonly used for real estate sales. (Ord. 536, 4-4-2019)

9-3F-6: AMORTIZATION OF NONCONFORMING SIGNS:

All signs which physically exist at the effective date hereof and which do not conform to the requirements contained herein except for signs described in subsections A through C of this section, shall be removed, changed, or altered to conform to the provisions of this article according to the following schedule:

TABLE 9-3F-1

AMORTIZATION SCHEDULE

Original Cost Of Graphic	Amortization Period
Less than $1,000.00	6 months
$1,000.00 to $2,000.00	12 months
$2,000.00 to $3,000.00	18 months
$3,000.00 to $4,000.00	24 months
More than $4,000.00	30 months

A. If more than one sign permitted for an activity is or becomes nonconforming, the original cost of all the signs shall be aggregated for purpose of determining the applicable amortization period.

B. Any business which relocates or closes permanently shall remove all signs within thirty (30) days of moving or closing.

C. Any new business or business operating in a new location as of the effective hereof shall comply with provisions of this article. (Ord. 382, 10-25-2006)

9-3F-7:SIGN CATEGORY CHART:

TABLE 9-3F-2

SIGN CATEGORIES

Zoning District	Sign Type	Sign Face Area	Maximum Height	Minimum Clearance	Number Allowed	Lighting
CC, SC	Monument	70 sq. ft.	10 ft.	-	1 per major vehicular access to a subdivision or Commercial District	Pan channel, indirect, backlit, shielded internally illuminated
	Freestanding	25 sq. ft.	8 ft.	-	1 sign per public facing facade of the building	Pan channel, indirect, backlit, shielded internally illuminated
	Building mounted	25 sq. ft.	15 ft.	8 ft.	1 sq. ft. of sign per 5 linear feet of frontage, to the maximum allowable area	Pan channel, indirect, backlit, shielded internally illuminated
	Building mounted	25 sq. ft.	15 ft.	8 ft.	1 sign per public facing facade of the building
	Temporary	5 sq. ft.5	4 ft.	-	1 per tenant	None
	Hanging/ projecting	15 sq. ft.	15 ft.	8 ft.2	1 sign per commercial tenant	Indirect
	Banner	30 sq. ft.	16 ft.1	8 ft.2	1 sign per 100 ft. of frontage or 2 per lot	Indirect
	Display boxes	5 sq. ft.	-	-	n/a	Indirect, backlit, shielded internally illuminated
	Murals	-	-	-	n/a	Indirect
	Window signs	-	-	-	15% of the window, 10 sq. ft. maximum	Indirect
RS-1, RM-1, RM-2	Monument	70 sq. ft.	10 ft.	-	1 per major vehicular access to a subdivision or Commercial District	Pan channel, indirect, backlit, shielded internally illuminated
	Freestanding	25 sq. ft.	8 ft.	-	1 per building or facility	Pan channel, indirect, backlit, shielded internally illuminated
	Building mounted	25 sq. ft.	15 ft.	8 ft.	1 sq. ft. of sign per 5 linear feet of frontage, to the maximum allowable area	Pan channel, indirect, backlit, shielded internally illuminated
	Building mounted	25 sq. ft.	15 ft.	8 ft.	1 sign per public facing facade of the building
	Temporary	5 sq. ft.5	4 ft.	-	1 sign per dwelling unit	None
	Banner	30 sq. ft.	16 ft.1	8 ft.2	1 sign per 300 ft. of frontage or 1 per lot	None
OS, PI, REC	Monument	70 sq. ft.	10 ft.	-	1 per major vehicular access to a subdivision or Commercial District	Pan channel, indirect, backlit, shielded internally illuminated
	Freestanding	25 sq. ft.	8 ft.	-	1 sign per public facing facade of the building	Pan channel, indirect, backlit, shielded internally illuminated
	Building mounted	25 sq. ft.	15 ft.	8 ft.	1 sq. ft. of sign per 5 linear feet of frontage, to the maximum allowable area	Pan channel, indirect, backlit, shielded internally illuminated
	Building mounted	25 sq. ft.	15 ft.	8 ft.	1 sign per public facing facade of the building
	Temporary	5 sq. ft.5	4 ft.	-	1 per lot	None
	Banner	30 sq. ft.	16 ft.1	8 ft.2	1 sign per 100 ft. of frontage or 2 per lot	None
RA, RS-1	Monument	16 sq. ft.	10 ft.	-	1 per major vehicular access to a subdivision	Pan channel, indirect, backlit, shielded internally illuminated
	Temporary	5 sq. ft.5	4 ft.	-	1 per lot	None
	Banner	30 sq. ft.	16 ft.1	8 ft.2	1 sign per 300 ft. of frontage or 1 per lot	None
Right-of-way3	Monument	70 sq. ft.	10 ft.	-	1 per major vehicular access to a subdivision or Commercial District	None
	Temporary	5 sq. ft.5	4 ft.	-	1 per lot	None
	Banner	30 sq. ft.4	16 ft.1	8 ft.2	1 sign per 500 ft. of right- of-way	None

Notes:

1. Except where approved over pedestrian areas, the maximum height may be 25 feet.

2. Where approved over pedestrian areas.

3. Subject to approval of a City right-of-way encroachment permit, per section 7-4-1 of this Code.

4. Except where permitted to span a roadway, then the permissible sign face area is 144 square feet per side.

5. Up to 2 riders of 1 square foot per rider may be added to each sign.

(Ord. 536, 4-4-2019)

9-3G-1: PURPOSE:

The purpose of this article is to establish minimum standards for uses and land development to protect the health, safety and general welfare, protect the environment, and maintain compatibility with adjoining land uses. (Ord. 382, 10-25-2006)

9-3G-2: APPLICABILITY:

This article shall apply to the development of all permitted and conditional uses, structures, and land modification activities. The following regulations are the minimum standards of development and supplement the regulations for development in each district and in accord with chapter 2 of this title. Additional standards may be applied as conditions for approval, or other regulations of this code. (Ord. 382, 10-25-2006)

9-3G-3: ACCESSORY DWELLING UNITS:

A. Number Allowed: Only one accessory dwelling unit shall be allowed on a lot in a residential district.

B. Square Footage: As measured from the outside wall and excluding the garage and parking area, an accessory dwelling unit shall have no less than three hundred fifty (350) square feet and no greater than one thousand two hundred (1,200) square feet of living area in addition to the total footprint allowable for a single-family dwelling.

C. Maximum Size: An accessory dwelling unit shall be no more than one-third (1/3) the area of the primary dwelling.

D. Additional Parking Required: At least one additional parking space, exclusively for the accessory dwelling unit, shall be provided on the lot.

E. Rental Of Unit: An accessory dwelling unit may be rented out on a long term basis only, thirty (30) continuous days or more.

F. Sold Separately Prohibited: An accessory dwelling unit may not be sold separate from the primary dwelling and lot.

G. Maintain Character Of Single-Family Neighborhood: An accessory dwelling unit shall maintain the character of the single-family neighborhood and, in appearance, the unit shall be secondary to the single-family dwelling.

H. Minimum Lot Size: In the RA and RS-1 district, and the RS-2 district pursuant to a conditional use permit, the minimum lot size to allow an accessory dwelling unit shall be seventeen thousand (17,000) square feet. (Ord. 455, 12-6-2012)

9-3G-4: ACCESSORY STRUCTURES:

A. Dimensional Standards: Accessory structures shall comply with all dimensional standards of the zoning district. Accessory structures shall be detached from the primary building by a minimum of six feet (6') and are secondary to the primary building. Through the design review process, some degree of physical attachment, i.e., unenclosed breezeway, roof element, enclosed walkway, corridor, mud room or other similar enclosed structure, may be permitted provided the design and use of the accessory structure are determined to be: an appropriate accessory use; are complementary to the design of the primary building; and the accessory structure visually and physically appears to be a separate and distinct structure.

B. Footprint:

1. The total footprint of all accessory structures (except for swimming pools and sports courts) shall not exceed one-third (1/3) of the total footprint allowable as calculated under subsection 9-2A-3I of this title or one thousand (1,000) square feet, whichever is greater.

2. The footprint of accessory structures shall be in addition to the total footprint allowable for a single-family dwelling.

C. Used As Storage Of Gardening Equipment: For accessory structures located in the RA or the RS-1 district and used for the storage of gardening equipment, the accessory structure shall be set back a minimum of thirty feet (30') from all property lines in the RA district, and twenty feet (20') for all property lines in the RS-1 district.

D. Limited To Private Use: The use of accessory structures in the RS-2, RM-1 and RM-2 districts shall be limited to the private use by the residents and their guests. (Ord. 455, 12-6-2012)

9-3G-5: DEMOLITION:

A. Permit Required: No structure shall be demolished without first receiving approval for a demolition permit from the director.

B. Basis For Approval: The basis for approval of a demolition permit shall be as follows:

1. A design review application for the replacement structure and/or site development has been approved; or

2. The structure has been assessed by an independent building inspection service that verifies that the building is hazardous, dangerous, or poses an immediate threat to public safety which cannot be reasonably repaired. (Ord. 382, 10-25-2006)

9-3G-6: DOG RUNS:

A. Maximum Size: Dog runs shall not be larger than one hundred fifty (150) square feet each.

B. Height: No portion of the dog run shall be more than six feet (6') in height above the surface of the ground, as measured from any point where the dog run comes in contact with the ground.

C. Landscaping: Dog runs shall be landscaped so as to be obscured from the view of neighboring dwellings.

D. Design: Dog runs shall be designed to be consistent with the architectural character of the structures on the property.

E. Encroachment On Setback Prohibited: No dog run may encroach on an established setback. (Ord. 382, 10-25-2006)

9-3G-7: DWELLINGS ABOVE COMMERCIAL STRUCTURES:

Multiple-family residential dwellings allowed above commercial structures or uses shall comply with the following standards:

A. Signs: No signs or other advertising devices shall be placed on the structure at or above the level of the first floor of the dwelling units;

B. Screening Required: Trash, service, or loading areas serving the commercial uses shall be screened; and

C. Outdoor Lighting: Outdoor lighting associated with the commercial uses within the structure, including lighting for parking, service, and loading areas, shall be designed and located such that undue glare is not directed toward a dwelling unit. (Ord. 382, 10-25-2006)

9-3G-8: FENCES, WALLS AND SCREENS:

A. Maximum Height: Except as otherwise provided herein, the maximum height of all fences, retaining walls, freestanding walls, and screens, as measured from record grade, shall be as follows within each district:

District	Maximum Height
RA	6 feet
RS-1	4 feet
RS-2	4 feet
RM-1	4 feet
RM-2	4 feet
SC	4 feet
CC	4 feet
REC	6 feet
PI	4 feet
OS	None

B. Exemption: In all applicable zoning districts, open recreational fences shall be exempt from the specified heights limits and may be constructed to a height generally used or reasonably necessary to enclose the recreation activity involved. Recreational fences shall not obstruct visibility and/or light and shall comply with all applicable city health and safety regulations.

C. Approval Through Design Review Process: In all zoning districts, fences, screens, retaining walls, and freestanding walls in excess of the maximum height limit may be approved through the design review process.

D. Retaining Walls: Retaining walls may exceed the height limit for minimal portions of a single wall or when adequate screening is provided. Multiple retaining walls shall have a horizontal, landscaped separation of at least three feet (3'). (Ord. 455, 12-6-2012)

9-3G-9: HOME OCCUPATIONS:

A. Change In Residential Character In Appearance Prohibited: No home occupation shall cause the premises to differ from its residential character in the appearance, deliveries, customers, parking, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference.

B. Conduct Of Home Occupation: The home occupation shall be conducted entirely in the dwelling, and not more than twenty five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off street parking below the standard established for that district.

C. Vehicles: The home occupation shall not involve the use of more than one commercial vehicle.

D. Outgoing Pick Ups: The home occupation shall not have more than two (2) outgoing pick ups per day from a common carrier.

E. Nonresident Employees: The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee.

F. Headquarters Or Main Office Prohibited: The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations.

G. Face To Face Retail Sales: No daily or ongoing, face to face retail sales shall be permitted from the dwelling.

H. Off Street Parking: Off street parking shall be in accordance with article E of this chapter, in addition to the required off street parking for the dwelling.

I. Client And Customer Visits: All visits by clients and customers shall occur between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. (Ord. 382, 10-25-2006)

9-3G-10: KEY BOXES:

Where access to a property is secured through a secured gate, a key box is required for use by city public safety officials in the case of a lifesaving or firefighting event. (Ord. 382, 10-25-2006)

9-3G-11: OUTDOOR SERVICE AND EQUIPMENT AREAS:

A. Outdoor Trash Storage: No unscreened, outdoor storage of trash, recycling, or trash containers is permitted on any property where it is visible from neighboring properties or streets except where it is temporarily placed during the construction or renovation of a structure.

B. Outdoor Mechanical Equipment: Outdoor mechanical equipment, including, but not limited to, heaters, pumps, and fans, shall not be located within fifty feet (50') of any abutting residences unless fully enclosed and baffled to minimize noise detected on any adjoining property.

C. Service Functions: Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. (Ord. 382, 10-25-2006)

9-3G-12: RESIDENTIAL USE RESTRICTIONS:

In all districts, no garage, tent, trailer, mobile home (not including "manufactured house" as defined in Idaho Code section 35-4905), or other accessory structure shall be erected or used for human habitation, except for approved accessory dwelling units. (Ord. 382, 10-25-2006)

9-3G-13: SNOW STORAGE:

Snow storage areas shall be located on site in an amount that is equal to at least fifty percent (50%) of the hard surfaces proposed with the project. (Ord. 455, 12-6-2012)

9-3G-14: STREET ADDRESSES:

A. Required: New and existing buildings shall have approved street address numbers posted in a place that is visible from the street fronting the property.

B. Specifications: Street numbers shall contrast with the background so as to be visible both day and night and in all weather conditions. The numbers shall be a minimum of six inches (6") tall.

C. Address Monument: If an address monument is used, the numbers shall be no lower than four feet (4') from finish grade. (Ord. 382, 10-25-2006)

9-3G-15: TEMPORARY STRUCTURES:

A. Used During Construction: A well built shed or trailer to be used for storage, toolshed or job office may be approved as part of a contractor's or owner's equipment during the construction of a building or structure, provided it is subject to the following provisions:

1. The temporary structure is located on the lot or development parcel on which the construction is occurring; and

2. The temporary structure shall be removed from the lot within fourteen (14) days after the certificate of occupancy has been issued by the building official, or upon completion of the building or structure, whichever occurs first.

B. Real Estate Sales Offices: Model homes or temporary structures may be used for real estate sales offices; provided, that:

1. The primary business therein is conducted by the owner or agent of record, pursuant to an approved subdivision or development plan; and

2. The only business conducted therein concerns negotiating or consummating sales of lots or homes within the same development. (Ord. 382, 10-25-2006)

9-3H-1: PURPOSE:

Illustrations contained herein are meant to aid in the understanding of the language above and are not meant to be prescriptive. The purpose of these regulations is to promote the public health, safety, and general welfare by:

A. Providing for safe access and protecting the scenic character of the city from the impact of development on hillsides, ridges, ridgelines, ridge tops, knolls, saddles, and summits;

B. For the purpose of balancing cuts and fills, minimizing the height of a façade, and breaking down the bulk and mass of a building, permitting only development which minimizes the impact on the natural contour of the land as described in figure A of this section and not as in figure B of this section;

C. Protecting natural landmarks and prominent natural features of hillsides, ridges, ridgelines, ridge tops, knolls, saddles, and summits, and the natural skyline as described in figure C of this section, and not as in figure D of this section; and

D. Protecting property and minimizing erosion and destruction of the natural landscape by using appropriate cuts and fills as described in figure E of this section, and not as in figure F of this section; and

E. Promoting safe and reasonable access to and from properties, including access by emergency services; and

F. Directing development to areas of least slope on hillside property whenever such areas are part of the parcel or lot under application. (Ord. 428, 7-15-2010; amd. Ord. 558, 12-2-2021)

9-3H-2: APPLICABILITY:

The following regulations shall apply in all districts, subject to such exceptions or further regulations as are provided in the regulations pertaining to individual districts. (Ord. 428, 7-15-2010; amd. Ord. 558, 12-2-2021)

9-3H-3: GENERAL PROVISIONS:

All development in the city shall utilize the following design criteria in order to provide for safe access and protect the natural, scenic character and the aesthetic value of the city from the impact of inappropriate development on hillsides, ridges, ridgelines, ridge tops, knolls, saddles, and summits:

A. Streets, driveways, and utilities are designed to run with the existing natural contours to the maximum extent possible.

B. Unstabilized cut slopes shall not be steeper than two to one (2:1); in other cases, retaining walls or similar measures acceptable to the city shall be provided.

C. Cuts and fills shall be shaped, rounded, minimized, and nonuniform to simulate natural existing contours.

D. Private driveways shall not exceed a seven percent (7%) slope, unless an exception in writing is approved by the Fire Chief of up to a maximum of ten percent (10%) slope. The inside turning radius of any private driveway shall not be less than fifteen feet (15'); landing areas of driveway/street intersections shall not be less than twenty-two feet (22') in length and shall not exceed a four percent (4%) slope.

E. Garages should be located at the lowest possible floor level on uphill sloping lots and at the uppermost floor level on downhill sloping lots, to minimize grading for driveways as well as the length of driveways (minimize the extent of grading).

F. Flat yard areas on sloping lots shall be minimized to reduce cuts and fills.

G. Slopes designated for protection shall be identified by the applicant and shall not be disturbed, not even on a temporary basis, during construction on the site, as per subsection 9-5A-4K, Grading Plan, of this title.

H. Disturbances to hillside property affected by site preparation or actual construction shall be revegetated in a manner that is compatible with the site. (Ord. 428, 7-15-2010; amd. Ord. 558, 12-2-2021)

9-3H-4: REGULATED STRUCTURES:

The purpose of these regulations is to promote the public health, safety, and general welfare by using the following criteria for building design:

A. In the RA, RS-1, and RS-2 zoning districts, buildings on natural topography greater than twenty percent (20%) slope shall be designed in a manner to reduce visibility by using stepped building forms, natural colors and materials, sloped roofs, and landscaping, and shall use a combination of these techniques such that the building does not skyline. Skylining is defined in 9-1C-1 as "an outline of a structure against the background of the sky" and occurs when a structure is sited near or atop the crest of a ridge, knoll, saddle, or summit.

B. In the RM-1, RM-2, SC, CC, REC, and PI zoning districts, buildings on natural topography greater than fifteen percent (15%) slope shall be designed in a manner to reduce visibility by using stepped building forms, natural colors and materials, sloped roofs, and landscaping, and shall use a combination of these techniques such that the building does not skyline. Skylining is defined in 9-1C-1 as "an outline of a structure against the background of the sky" and occurs when a structure is sited near or atop the crest of a ridge, knoll, saddle, or summit.

C. For any buildable lot of record without a platted building envelope, no structure may be built on a record grade of over fifteen percent (15%) slope if there is adequate area available for development below the fifteen percent (15%) slope line. Note: The city recognizes only platted building envelopes, but recorded building envelopes may exist in a private party agreement. The recorded building envelope is not a substitute for a platted envelope.

D. No structure may be built on a record grade of over twenty five percent (25%) slope except as provided in subsection E of this section. Where subsection E is not applicable, if evidence acceptable to the city is provided by the applicant showing that strict enforcement of this provision would prohibit a substantial portion of permitted or conditional uses of the property then the applicant may apply for a variance in accordance with Chapter 5, Article B, of this title. All other provisions of the hillside development regulations shall remain in effect.

E. The allowances provided in this section are not by-right entitlements and depend on the Director or Commission making findings that the development has been designed in a manner that will not create a visual concern, or physical dominance that would unreasonably negatively impact views, as well as findings that all other applicable standards of Sun Valley Municipal Code are met. The allowances provided in this section are in no way intended to be a means to permit development to be located further upslope on a development site than would otherwise be permitted.

In the following limited circumstances structures are permitted to make minor encroachments into record grade over twenty five percent (25%) slope without receiving a variance through section 9-5B-8 of this title:

1. Areas of slope greater than twenty five percent (25%) that are located entirely within an existing, platted building envelope and site areas related to rotated and expanded building envelopes where building footprints are permitted to be located in accordance with 9-2A-3-I-1-b.

a. This provision is not intended to allow a substantial portion of the one-third (1/3) of a structure's footprint that is permitted to be located outside of the envelope in accordance with 9-2A-3-I-1-a to be located upslope of the platted building envelope.

2. Isolated areas of slope greater than twenty five percent (25%) located outside of an existing, platted building envelope, including circumstances where no platted building envelope exists, that are insignificant in size.

3. The toe of substantial areas of slope greater than twenty-five percent (25%) when such encroachment is reasonably unavoidable due to considerable site constraints including, but not limited to, limited lot depth, providing driveway access to the lot, regulations contained within Article I. Flood Hazard Protection and Article J. Riparian Zones, or the presence of wetlands identified in a site-specific wetlands inventory completed within the past 365 days.

a. This provision is not intended to allow a substantial portion of the one-third (1/3) of a structure's footprint that is permitted to be located outside of the envelope in accordance with 9-2A-3 I.1.a. to be located upslope of the platted building envelope.

4. Retaining walls required by Title 7, Engineering Standards and Design Practices.

5. Other circumstances not described above where the Community Development Director, when reviewing administrative applications, or the Planning and Zoning Commission, when reviewing applications requiring a public hearing, make a Finding of Fact that the encroachment into record grade slope greater than twenty five percent (25%) is de minimis.

a. For the purpose of interpreting this ordinance, de minimis shall mean lacking significance or importance; so minor as to merit disregard. A finding of de minimis encroachment shall consider criteria including the square footage of the encroachment relative to the size of the structure and the subject property, the slope of the adjacent existing grade and adjacent proposed finished grade, height of the portion of the structure making the encroachment relative to the maximum height of the structure and the maximum height permitted in the zoning district, and the visibility of the encroachment from adjacent properties and adjacent streets, trails, or public lands.

6. Structures east of Sun Valley Road, within one thousand five hundred feet (1,500'), and south of Dollar Road, may be built on a record grade of over twenty five percent (25%) slope subject to the applicable regulations of the respective zoning district for each property, and subject to the evaluation standards of article A of this chapter. Encroachments into record grade slopes over twenty five percent (25%) are permitted because the ravine of Trail Creek does not present visual concerns or physical dominance on the city's landscape.

7. Existing platted lots containing significant downhill sloping terrain as primarily accessed from above. (Ord. 428, 7-15-2010; amd. Ord. 558, 12-2-2021)

9-3H-5: REGULATED SITE DISTURBANCE:

Record grade slopes greater than twenty five percent (25%) shall remain undisturbed except as provided in subsection A. Where subsection A is not applicable, if evidence acceptable to the city is provided by the applicant showing that strict enforcement of this provision would prohibit a substantial portion of permitted or conditional uses of the property then the applicant may apply for a variance in accordance with 9-5B-8. All other provisions of the Hillside Development regulations shall remain in effect.

A. In limited circumstances site disturbances are permitted to make minor encroachments into record grade over twenty five percent (25%) slope without receiving a variance through section 9-5B-8 of this title. The allowances provided in this section are not by-right entitlements and depend on the Director or Commission making findings that the development has been designed in a manner that will not create a visual concern, or physical dominance that would unreasonably negatively impact views, as well as findings that all other applicable standards of Sun Valley Municipal Code are met. The allowances provided in this section are in no way intended to be a means to permit development to be located further upslope on a development site than would otherwise be permitted.

If the development has been designed in a manner that will not create a visual concern or physical dominance that would unreasonably negatively impact views, and all other applicable standards are met, site disturbances are permitted to encroach into record grades over twenty five percent (25%) in the following circumstances:

1. Areas of slope greater than twenty five percent (25%) located entirely within an existing, platted building envelope and site areas related to rotated and expanded building envelopes where building footprints are permitted to be located in accordance with 9-2A-3 I.1.b.

a. This provision is not intended to allow a substantial portion of the altered site, or an associated site improvement not classified as a structure (including but not limited to at-grade patios or decks, gas fire pits, and site walls), to be located upslope of a platted building envelope.

2. Areas of slope greater than twenty five percent (25%) located outside of an existing, platted building envelope that are reasonably unavoidable in order to construct a driveway that meets International Fire Code standards and or other applicable life safety standard contained in Sun Valley Municipal Code, provided disturbed areas have been designed to integrate and complement existing conditions or proposed conditions.

3. Areas of slope greater than twenty five percent (25%) located outside of an existing, platted building envelope that are necessary in order to construct a structure that has been permitted, either by variance or compliance with 9-3H-4 E., provided disturbed areas will be revegetated and regraded to be compatible with the site.

4. The toe of substantial areas of slope greater than twenty-five percent (25%) when such disturbance is reasonably unavoidable due to considerable site constraints including, but not limited to, limited lot depth, regulations contained within Article I. Flood Hazard Protection and Article J. Riparian Zones, or the presence of wetlands identified in a site-specific wetlands inventory completed within the past three hundred and sixty-five (365) days.

5. In the Recreation (REC) and Public/Institution (PI) zoning districts, land alteration related to the construction of earthen recreational features where structures are not proposed or required for retainage.

a. Such land alterations shall be accompanied by a detailed landscaping revegetation plan in order to minimize the visual impact of cuts, fill, and grading and to facilitate integration of the new feature into the existing landscape.

6. Other circumstances not described above where the Community Development Director, when reviewing administrative applications, or the Planning and Zoning Commission, when reviewing applications before the Commission, make a Finding of Fact that the disturbance into record grade slope greater than twenty five percent (25%) is de minimis.

a. For the purpose of interpreting this ordinance, de minimis shall mean lacking significance or importance; so minor as to merit disregard. A finding of de minimis encroachment shall consider criteria including square footage of the encroachment relative to the size of the subject property, the slope of the adjacent existing grade and adjacent proposed finished grade, the elevation of existing adjacent grade and the proposed elevation of adjacent finished grade, and the visibility of the encroachment from adjacent properties and adjacent streets, trails, or public lands.

7. Sites east of Sun Valley Road, within one thousand five hundred feet (1,500'), and south of Dollar Road, may be built on a record grade of over twenty five percent (25%) slope subject to the applicable regulations of the respective zoning district for each property, and subject to the evaluation standards of article A of this chapter. Encroachments into record grade slopes over twenty five percent (25%) are permitted because the ravine of Trail Creek does not present visual concerns or physical dominance on the city's landscape.

8. Existing platted lots containing significant downhill sloping terrain as primarily accessed from above. (Ord. 558, 12-2-2021)

9-3I-1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES:

A. Statutory Authority: The legislature of the state of Idaho, pursuant to Idaho Code sections 46-1020 through 46-1024, authorizes local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property.

B. Findings Of Fact:

1. The flood hazard areas of the city of Sun Valley are subject to periodic inundation that results in:

a. Loss of life and property;

b. Health and safety hazards;

c. Disruption of commerce and governmental services;

d. Extraordinary public expenditures for flood relief and protection; and

e. Impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2. These flood losses are caused by structures in flood hazard areas, which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

3. Local government units have the primary responsibility for planning, adopting, and enforcing land use regulations to accomplish proper floodplain management.

C. Statement Of Purpose: The purpose of this article is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life, health, and property;

2. Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;

3. Help maintain a stable tax base by providing for the sound use and development of flood prone areas;

4. Minimize expenditure of public money for costly flood control projects;

5. Minimize the need for rescue and emergency services associated with flooding, generally undertaken at the expense of the general public;

6. Minimize prolonged business interruptions;

7. Ensure potential buyers are notified the property is in an area of special flood hazard; and

8. Ensure those who occupy the areas of special flood hazard assume responsibility for their actions.

D. Objectives And Methods Of Reducing Flood Losses: In order to accomplish its purpose, this article includes methods and provisions to:

1. Require that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction;

2. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

3. Control filling, grading, dredging, and other development which may increase flood damage or erosion;

4. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands;

5. Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store floodwaters. (Ord. 494, 5-4-2017)

9-3I-2: GENERAL PROVISIONS:

A. Lands To Which This Article Applies: This article shall apply to all special flood hazard areas within the jurisdiction of the city of Sun Valley. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance.

B. Basis For Special Flood Hazard Areas: The special flood hazard areas identified by the federal emergency management agency in its flood insurance study (FIS) for Blaine County, Idaho, and incorporated areas, dated November 26, 2010, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this article. The FIS and the FIRM are on file at city hall, 81 Elkhorn Road, Sun Valley, ID 83353.

C. Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of subsection 9-3I-3B of this article.

D. Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations.

E. Abrogation And Greater Restrictions: This article shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, et cetera. However, where this article and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.

F. Interpretation: In the interpretation and application of this article all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

G. Warning And Disclaimer Of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of city of Sun Valley or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder.

H. Penalties For Violation: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this article and other applicable regulations.

Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute an infraction under this code. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city of Sun Valley from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 494, 5-4-2017)

9-3I-3: ADMINISTRATION:

A. Designation Of Floodplain Ordinance Administrator: The community development director and/or his or her designee, hereinafter referred to as the "floodplain administrator", is hereby appointed to administer and implement the provisions of this article.

B. Duties And Responsibilities Of The Floodplain Administrator: The floodplain administrator shall perform, but not be limited to, the following duties:

1. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this article have been satisfied.

2. Review all proposed development within special flood hazard areas to assure that all necessary local, state, and federal permits have been received, including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334.

3. Notify adjacent communities and the Idaho department of water resources state coordinator for the national flood insurance program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the federal emergency management agency (FEMA).

4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is maintained.

5. Prevent encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 9-3I-4E of this article are met.

6. Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection C3 of this section.

7. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection C3 of this section.

8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection C3 of this section.

9. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of subsection C3 of this section and subsection 9-3I-4B2 of this article.

10. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

11. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 9-3I-2B of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data available from a federal, state, or other source, including data developed pursuant to subsection 9-3I-4C2 of this article, in order to administer the provisions of this article.

12. When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of subsection 9-3I-2B of this article, obtain, review, and reasonably utilize any floodway data available from a federal, state, or other source in order to administer the provisions of this article.

13. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area (SFHA) is above the base flood elevation (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.

14. Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the privacy act of 1974, as amended.

15. Make on site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this article and the terms of the permit. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

16. Issue stop work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, the floodplain administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the person doing or in charge of the work. The stop work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop work order constitutes a misdemeanor.

17. Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.

18. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

19. Follow through with corrective procedures of subsection D of this section.

20. Review, provide input, and make recommendations for variance requests.

21. Maintain a current map repository to include, but not be limited to, the FIS report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 9-3I-2B of this article, including any revisions thereto including letters of map change, issued by FEMA. Notify the NFIP state coordinator and FEMA of the community's mapping needs.

22. Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).

C. Floodplain Development Application, Permit, And Certification Requirements:

1. Application Requirements: Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit:

a. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

(1) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

(2) The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in subsection 9-3I-2B of this article, or a statement that the entire lot is within the special flood hazard area;

(3) The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 9-3I-2B of this article;

(4) The boundary of the floodway(s) as determined in subsection 9-3I-2B of this article;

(5) The base flood elevation (BFE) where provided as set forth in subsection 9-3I-2B; 9-3I-2C; or 9-3I-4C of this article;

(6) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and

(7) The certification of the plot plan by a registered land surveyor or professional engineer.

b. Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to:

(1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

(2) Elevation in relation to mean sea level to which any nonresidential structure in zone A, AE, AH, AO, or A1-30 will be floodproofed; and

(3) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.

c. If floodproofing, a floodproofing certificate (FEMA form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.

d. A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include, but are not limited to:

(1) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and

(2) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsections 9-3I-4A8b(1) through A8b(6) of this article when solid foundation perimeter walls are used in zones A, AE, AH, AO, and A1-30.

e. Usage details of any enclosed areas below the lowest floor.

f. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

g. Certification that all other local, state, and federal permits required prior to floodplain development permit issuance have been received.

h. Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsections 9-3I-4B5 and B6 of this article are met.

i. A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

(1) A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

2. Permit Requirements: The floodplain development permit shall include, but not be limited to:

a. A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, et cetera).

b. The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 9-3I-2B of this article.

c. The flood protection elevation required for the lowest floor and all attendant utilities.

d. The flood protection elevation required for the protection of all public utilities.

e. All certification submittal requirements with time lines.

f. A statement that no fill material or other development shall encroach into the floodway or flood fringe area of any watercourse, as applicable.

g. The flood openings requirements, if in zone A, AE, AH, AO, or A1-30.

h. All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the "start of construction" definition of section 9-1C-1 of this title.

i. A statement of the limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and limited storage only).

j. A statement that all materials below BFE/FPE must be flood resistant materials.

3. Certification Requirements:

a. Elevation Certificates:

(1) An elevation certificate (FEMA form 86-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

(2) An elevation certificate (FEMA form 86-0-33) is required after the lowest floor is established. Within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop work order for the project.

(3) A final as built finished construction elevation certificate (FEMA form 86-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as built construction of the elevation of the lowest floor and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.

The finished construction elevation certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches by three inches (3" x 3"). Digital photographs are acceptable.

b. Floodproofing Certificate: If nonresidential floodproofing is used to meet the flood protection elevation requirements, a floodproofing certificate (FEMA form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.

c. Engineered Foundation Certificate: If a manufactured home is placed within zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 9-3I-4B3b of this article.

d. Watercourse: If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:

(1) A description of the extent of watercourse alteration or relocation; and

(2) A professional engineer's certified report on the effects of the proposed project on the flood carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

(3) A map showing the location of the proposed watercourse alteration or relocation; and

(4) An Idaho stream channel alteration permit approval shall be provided by the applicant to the floodplain administrator.

e. Certification Exemptions: The following structures, if located within zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in subsections C3a and C3b of this section:

(1) Recreational vehicles meeting requirements of subsection 9-3I-4B5 of this article;

(2) Temporary structures meeting requirements of subsection 9-3I-4B6 of this article; and

(3) Accessory structures less than two hundred (200) square feet meeting requirements of subsection 9-3I-4B7 of this article.

4. Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

b. Compare the cost to perform the improvement, the cost to repair a damaged building to its predamaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho building code and this article is required.

D. Corrective Procedures:

1. Violations To Be Corrected: When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.

2. Actions In Event Of Failure To Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating:

a. That the building or property is in violation of the floodplain management regulations;

b. That a hearing will be held before the floodplain administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

c. That following the hearing, the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.

3. Order To Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of this article, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.

4. Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the floodplain administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

5. Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.

E. Variance Procedures:

1. The planning and zoning commission, hereinafter referred to as "the commission", shall hear and decide requests for variances from the requirements of this article.

2. Variances may be issued for:

a. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;

b. Functionally dependent facilities, if determined to meet the definition as stated in section 9-1C-1 of this title, provided provisions of subsections E9b and E9c of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or

c. Any other type of development, provided it meets the requirements of this section.

3. In passing upon variances, the commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location as defined under section 9-1C-1 of this title as a functionally dependent facility, where applicable;

f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

4. The applicant shall include a written report addressing each of the above factors in subsections E3a through E3k of this section with their application for a variance.

5. Upon consideration of the factors listed above and the purposes of this article, the commission may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this article.

6. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

7. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the federal emergency management agency and the state of Idaho upon request.

8. Conditions for variances:

a. Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

b. Variances shall not be issued within any designated floodway if the variance would result in any increase in flood levels during the base flood discharge.

c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

d. Variances shall only be issued prior to development permit approval.

e. Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship; and

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

9. A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met:

a. The use serves a critical need in the community.

b. No feasible location exists for the use outside the special flood hazard area.

c. The lowest floor of any structure is elevated or floodproofed to at least the flood protection elevation.

d. The use complies with all other applicable federal, state and local laws.

10. The city of Sun Valley will notify the state NFIP coordinator of the Idaho department of water resources of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.

11. Any person aggrieved by the decision of the commission may appeal such decision to the city council, as provided in section 9-5A-9 of this title. (Ord. 494, 5-4-2017; amd. Ord. 556, 4-1-2021)

9-3I-4: PROVISIONS FOR FLOOD HAZARD REDUCTION:

A. General Standards: In all special flood hazard areas the following provisions are required:

1. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.

2. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the technical bulletin 2, "Flood Damage-Resistant Materials Requirements", and available from the federal emergency management agency.

3. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.

4. All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

6. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

7. On site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

8. A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor shall:

a. Be constructed entirely of flood resistant materials at least to the flood protection elevation; and

b. Include, in zones A, AE, AH, AO, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

(1) A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;

(2) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;

(3) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

(4) The bottom of all required flood openings shall be no higher than one foot (1') above the interior or exterior adjacent grade;

(5) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

(6) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

9. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this article, shall meet the requirements of "new construction" as contained in this article.

10. Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date hereof and located totally or partially within the floodway or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article.

11. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in subsection 9-3I-3E9 of this article. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of subsection 9-3I-3C3 of this article.

12. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.

13. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

14. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

15. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

16. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

17. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.

18. Fill is prohibited in the SFHA, including construction of buildings on fill. This includes not approving conditional letters or letters of map revision (CLOMR-F or LOMR-F).

19. Temporary installation of flood control barriers adjacent to structures, such as sand bags or bladders, may be placed on private property for a period of ninety (90) days or less, unless inundation by floodwaters is prolonged and approval for an extension has been issued via a floodplain development permit. No application is necessary for the installation of temporary flood control barriers installed in accordance with the regulations of this section.

a. Flood control barriers, where at all possible, shall be located not more than six feet (6') from any structure with foundations.

b. Flood control barriers shall be designed to protect structures from potential floodwaters, but shall not be intended to solely divert or displace floodwaters into the public right-of-way or adjacent private properties.

c. Sand or other fill used within sandbags or similar devices shall not be emptied into a creek or stream. Water used to fill a bladder dam shall not be emptied into a creek or stream.

d. Any person who violates any provision of this subsection A19 shall be guilty of an infraction or a misdemeanor and may be fined as provided in section 1-4-1 of this Code. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

e. The City may install flood control barriers for the purpose of protecting public infrastructure.

B. Specific Standards: In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 9-3I-2B of this article, or subsection D of this section, the following provisions, in addition to the provisions of subsection A of this section, are required:

1. Residential Construction: New construction and substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 9-1C-1 of this title.

2. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 9-1C-1 of this title. Structures located in Zones A, AE, AH, AO, and A1-30 may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance with subsection F2 of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 9-3I-3C3 of this article, along with the operational plan and the inspection and maintenance plan.

3. Manufactured Homes:

a. New and replacement manufactured homes shall be elevated so that the lowest floor of the manufactured home is no lower than the flood protection elevation.

b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the Idaho Division of Building Safety's "Idaho Manufactured Home Installation Standard" in accordance with Idaho Code section 44-2201(2). Additionally, when the elevation would be met by an elevation of the chassis thirty six inches (36") or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty six inches (36") in height, an engineering certification is required.

c. All enclosures or skirting below the lowest floor shall meet the requirements of subsection B4 of this section.

d. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the floodplain administrator and the local emergency management coordinator.

4. Additions/Improvements:

a. Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(1) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more nonconforming than the existing structure; or

(2) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

b. Additions to post-FIRM structures that are a substantial improvement with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.

c. Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(1) Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or

(2) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

d. Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure taking place during a four (4) year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or structure, the four (4) year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date hereof. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:

(1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions; or

(2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

5. Recreational Vehicles: Recreational vehicles shall be either:

a. Temporary Placement: Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or

b. Permanent Placement: Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction, as set forth in subsection A of this section.

6. Temporary Nonresidential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the floodplain administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the floodplain administrator for review and written approval:

a. A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;

b. The name, address, and phone number of the individual responsible for the removal of the temporary structure;

c. The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);

d. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

e. Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.

7. Accessory Structures: When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, elevation or floodproofing certifications are required for all accessory structures in accordance with subsection 9-3I-3C3 of this article, and the following criteria shall be met:

a. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);

b. Accessory structures shall not be temperature controlled;

c. Accessory structures shall be designed to have low flood damage potential;

d. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

e. Accessory structures shall be firmly anchored in accordance with the provisions of subsection A1 of this section;

f. All service facilities, such as electrical, shall be installed in accordance with the provisions of subsection A4 of this section; and

g. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection A8b of this section.

An accessory structure with a footprint less than two hundred (200) square feet and is a minimal investment of ten thousand dollars ($10,000.00) or less and satisfies the criteria outlined in subsections B7a through B7g of this section is not required to meet the elevation or floodproofing standards of subsection B2 of this section.

8. Tanks: When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:

a. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);

b. Elevated aboveground tanks, in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank supporting structures shall meet the foundation requirements of the applicable flood hazard area;

c. Not elevated aboveground tanks, that do not meet the elevation requirements of subsection B2 of this section shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of floodborne debris;

d. Tank inlets, fill openings, outlets and vents shall be:

(1) At or above the flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and

(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

9. Construction Of Below Grade Crawl Space:

a. The interior grade of a crawl space must not be below the BFE and must not be more than two feet (2') below the exterior lowest adjacent grade (LAG).

b. The height of the below grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall, must not exceed four feet (4') at any point.

c. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area should be drained within a reasonable time after a flood event.

d. The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawl space.

10. Other Development In Regulated Floodways:

a. Fences that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, in regulated floodways shall meet the limitations of subsection E of this section.

b. Retaining walls, bulkheads, sidewalks, and driveways that involve the placement of fill in regulated floodways shall meet the limitations of subsection E of this section.

c. Roads and watercourse crossings, including roads, bridges, culverts, low water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, which encroach into regulated floodways, shall meet the limitations of subsection E of this section.

d. Drilling water, oil, and/or gas wells including fuel storage tanks, apparatus, and any equipment at the site that encroach into regulated floodways shall meet the limitations of subsection E of this section.

e. Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port facilities, shipbuilding, and ship repair facilities that encroach into regulated floodways shall meet the limitations of subsection E of this section.

C. Standards For Floodplains Without Established Base Flood Elevations: Within the special flood hazard areas designated as zone A (also known as unnumbered A zones) and established in subsection 9-3I-2B of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection A of this section, shall apply. The BFE used in determining the flood protection elevation (FPE) shall be determined based on the following criteria:

1. When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in subsections A and B of this section.

2. When floodway data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and flood fringe areas shall also comply with the requirements of subsections B and E of this section.

3. All subdivision, manufactured home park, and other development proposals shall provide base flood elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with subsection 9-3I-2B of this article and utilized in implementing this article. The applicant/developer shall submit an application for a conditional letter of map revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map revision (LOMR) prior to any building permits for structures being issued.

See FEMA 480 and/or FEMA 265 for further information.

4. When base flood elevation (BFE) data is not available from a federal, state, or other source as outlined above, the lowest floor shall be elevated or floodproofed (nonresidential) to two feet (2.0') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher. All other applicable provisions of subsection B of this section shall also apply.

D. Standards For Riverine Floodplains With Base Flood Elevations But Without Established Floodways Or Flood Fringe Areas: Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source but floodway are not identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

1. Standards of subsections A and B of this section; and

2. Until a regulatory floodway is designated, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community.

E. Standards For Floodways: Areas designated as floodways are located within the special flood hazard areas established in subsection 9-3I-2B of this article. The floodways are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsections A and B of this section, shall apply to all development within such areas:

1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:

a. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of floodplain development permit; or

b. A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.

2. If subsection E1 of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.

3. Manufactured homes may be permitted provided the following provisions are met:

a. The anchoring and the elevation standards of subsection B3 of this section; and

b. The encroachment standards of subsection E1 of this section.

F. Standards For Areas Of Shallow Flooding (Zone AO, AH, AR/AO, Or AR/AH): Located within the special flood hazard areas established in subsection 9-3I-2B of this article, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsections A and B of this section, all new construction and substantial improvements shall meet the following requirements:

1. The lowest floor shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet (2'), above the highest adjacent grade; or at least four feet (4') above the highest adjacent grade if no depth number is specified.

2. Nonresidential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection F1 of this section so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with subsection 9-3I-3C3 of this article, and subsection B2 of this section.

3. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 494, 5-4-2017; amd. Ord. 539, 6-6-2019; Ord. 556, 4-1-2021)

9-3I-5: LEGAL STATUS PROVISIONS:

A. Effect On Rights And Liabilities Under The Existing Flood Hazard Protection Ordinance: This article, in part, comes forward by reenactment of some of the provisions of the flood hazard protection ordinance enacted in 2006 as amended, and it is not the intention to repeal but rather to reenact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this article shall not affect any action, suit, or proceeding instituted or pending. All provisions of the flood hazard protection ordinance of the city of Sun Valley enacted in 2006 as amended, which are not reenacted herein are repealed.

B. Effect Upon Outstanding Floodplain Development Permits: Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this article. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this article. (Ord. 494, 5-4-2017)

9-3J-1: TITLE; PURPOSE:

A. Title: This article shall be known as the RIPARIAN ZONES ORDINANCE.

B. Purpose: The primary purpose of the stream buffer protection standards is to maintain land adjacent to natural streams in a vegetated state in order to enhance and maintain water quality, protect stream channel wetlands, minimize storm water runoff, reduce sedimentation and erosion, conserve plant and wildlife habitat and protect wildlife movement corridors.

C. Intent: The intent of this article is expressly not to regulate artificial, manmade aesthetic or decorative water features or irrigation and drainage improvements, for example, the manmade water feature systems in Lane Ranch, the Sun Valley Mall, Weyyakin, Villager Condos, or similar. This article shall be operative as of the date of its adoption and shall apply to applications for new development filed after the operative date. (Ord. 382, 10-25-2006)

9-3J-2: TYPES OF STREAM BUFFERS:

Stream buffers shall be clearly indicated on all development plans, site plans, preliminary plats and final plats.

A. Stream Buffer Protection Standards: The stream buffer protection standards shall apply to:

1. Natural Perennial Streams: Trail Creek is a natural perennial stream. A perennial stream has flowing water year round during a typical year. The water table is located above the streambed for most of the year. Ground water is the primary source of water for stream flow and rainfall runoff is a supplemental source of water for stream flow .

2. Natural Intermittent Streams: An intermittent stream has flowing water during certain times of the year, when ground water provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow .

3. Natural Lake/Pond: A standing body of open water that occurs in a natural depression fed by one or more streams from which a stream may flow, that occurs due to the widening or natural blockage or cutoff of a river or stream, or that occurs in an isolated natural depression that is not a part of a surface river or stream. The term also includes a standing body of open water created by artificially blocking or restricting the flow of a natural river or stream, i.e., Sun Valley Lake, but not including flow restrictions caused by seasonal beaver pond activity .

B. Difference In Stream Type: Where maps show a difference in stream type for a particular reach of natural stream, the map that shows the greater level of stream protection shall apply.

C. Maps In Error: When a property owner or applicant believes that the appropriate maps are in error, a statement, signed by a licensed engineer or recognized expert in the field of wetland delineation, with the review and approval of the community development director, shall determine the location or presence of the stream or lake/pond. (Ord. 382, 10-25-2006; amd. Ord. 578, 5-1-2025)

9-3J-3: STREAM BUFFER SIZE:

A. Stream buffers shall apply on each side of the natural perennial or intermittent stream and shall begin at the most landward limit of mean high water mark perpendicular to the direction of stream flow.

1. Stream buffers for natural perennial streams and natural lakes and ponds shall be a minimum of twenty five feet (25') in width.

2. Stream buffers for natural intermittent stream shall be a minimum of five (5) and directly proportional on a one foot to one foot (1':1') ratio based on a high water mark to high water mark width of the intermittent stream, up to twenty five feet (25').

B. To meet the intent of this article, the community development director shall require the applicant to submit an official wetland delineation study, performed by a person certified for wetland delineation, or a survey prepared by an Idaho licensed surveyor, or a landscape plan prepared by an Idaho licensed landscape architect, indicating the Mean High Water Mark and existing vegetation, in order to: a) to determine the appropriate minimum buffer required for intermittent streams; and b) if the natural stream or natural lake demonstrates the probability of larger than minimum setback as evident by the presence of wetlands and more than fifty percent (50%) riparian vegetation. (Ord. 382, 10-25-2006; amd. Ord. 578, 5-1-2025)

9-3J-4: STREAM BUFFER USE LIMITATIONS:

A. New Subdivisions: For new subdivisions created after the adoption of this title, land within the required stream buffer shall not serve to meet minimum lot size requirements.

B. Buildings And Other Features: Buildings and other features that require grading and construction shall maintain a ten foot (10') setback from the edge of the stream buffer. Certain at grade improvements such as at grade decks, patios, walkways, or similar improvements are allowed within the required ten foot (10') setback area but are encouraged to be separated from the buffer area.

C. Stream Buffer and Vegetation Removal: The stream buffer's natural vegetation shall remain undisturbed except in the following circumstances:

1. Tree removal is allowed in accordance with the regulations in section 9-3A, provided tree stumps and root systems are left intact to assist with maintaining stability of stream banks and soils in riparian zones.

2. In addition to tree removal activities permitted via 9-3A, if vegetation proves to create a safety hazard to an adjacent land use or structure, in accordance with 9-3A-2, vegetation may be maintained, pruned, limbed, or otherwise thinned provided activities do not conflict with applicable state and federal agency standards.

D. Variance: If evidence acceptable to the city is provided by the applicant showing that strict enforcement of this provision would prohibit a substantial portion of permitted or conditional uses of the property, then the applicant may apply for a variance.

E. Intrusion Prohibited: Any use allowed by this article shall be designed and constructed so as no amount of intrusion would result into the required stream buffer to minimize clearing, grading, erosion and water quality degradation.

F. Crossings: Crossings by streets, stormwater control structures, sewer lines, driveways, bicycle paths, intakes, docks, utilities, and bridges shall be allowed; provided, that they are designed to minimize the amount of intrusion into the stream buffer. Such facilities may run generally within and parallel to the stream buffer only where no alternative location is practical and when their design minimizes the amount of intrusion of the stream buffer. Sewer lines should be designed so routine maintenance can be accessed outside of the undisturbed buffer area.

G. Recreational Activities: Stream buffers may be used for passive public or private recreational activities such as trails and golf course fairways and greens; provided, that: 1) service facilities for such activities, including, but not limited to, parking, picnicking and sanitary facilities, are located outside of the stream buffer; and 2) a finding can be made by the approving authority that the design of the trail or golf course is consistent with the intent of this article and that the design minimizes potential water degradation and overall intrusion into the buffer area to the greatest extent practicable while still allowing full function for the proposed use. Trails within the riparian buffer shall be constructed with permeable materials, i.e., wood chips, stabilized soils, decomposed granite, and shall not exceed five feet (5') in width.

H. Site Plan Approval: Site plan approval through the city's design review process shall be required for any of the stream buffer intrusions described in subsections F and G of this section. When any of the activities described above involves land clearing, the cleared area shall be revegetated in a manner replicating the native riparian habitat described on the site plan. (Ord. 455, 12-6-2012; amd. Ord. 578, 5-1-2025)

9-3J-5: CHANNELIZING STREAMS:

Stream channelization shall not be permitted for either natural perennial or intermittent streams. "Stream channelization" is defined as the capture of natural flowing streams by way of pipe, culvert, undergrounding, unnatural riprap and bank stabilization, or similar. (Ord. 382, 10-25-2006)

9-3J-6: NONCONFORMING SITES:

Where a site has existing structures or uses of land located within the minimum stream buffer and setback areas, the provisions of chapter 1 of this title shall apply, except that if an existing nonconforming structure is voluntarily or intentionally demolished (not including demolition required as a result of catastrophic activity) or substantially remodeled (75 percent of the total square footage or greater), the development shall comply with the required buffer and setback requirements of this article. (Ord. 382, 10-25-2006)

9-3K-1: TITLE; PURPOSE:

A. Title: This article shall be known as the WIRELESS COMMUNICATION FACILITIES ORDINANCE.

B. Purpose: The primary purpose of this article is to assure that wireless communication networks are completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on the neighborhoods and the communities within the city. The regulations set forth in this article are adopted to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the city as set forth in the goals and objectives of the city comprehensive plan, while concurrently allowing for the orderly and efficient development of a wireless communication infrastructure in accordance with the federal telecommunications act (TCA) of 1996. (Ord. 382, 10-25-2006)

9-3K-2: APPLICABILITY:

A. Scope: This article applies to all wireless communication facilities existing and proposed to be located within the limits of the city. Wireless communication facilities include "personal wireless services" as defined by the TCA and licensed by the federal communications commission, including, but not limited to, the types commonly known as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, land based repeaters for satellite broadcast services, microcell antennas and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. This title shall also apply to wireless communication facilities within public rights of way except as may be prohibited by state or federal law. Wireless communication facilities proposed to be located in the city may be constructed only pursuant to permits issued by the city in accordance with this title and shall comply with all other applicable laws and regulations.

B. Exception: This article does not apply to handheld mobile phones, satellite dishes, amateur radio facilities, receiving antennas for AM and FM radio and television, which may be governed by other law. (Ord. 382, 10-25-2006)

9-3K-3: DEFINITIONS:

For the purposes of this article, the following definitions apply. These definitions shall be adapted to the context for appropriate grammatical tense, number, case and gender.

ANTENNA: A device or system of wires, poles, rods, dishes or other devices of similar function, used for the transmission and/or reception of radio frequency signals for wireless communications, as described in the telecommunications act of 1996. It may include an omnidirectional antenna (whip), a directional antenna (panel) and parabolic antenna (disk). It does not include the support structure.

ANTENNA ARRAY: A set of one or more antenna.

COLLOCATION: The use of a common wireless communication facility or common site by two (2) or more service applicants, or use by one applicant of a single site for two (2) or more technologies. It is also called site sharing.

FACILITY: Any component of the wireless communication installation including any towers, antennas, antenna arrays, and any structures or devices used to contain ancillary equipment for a wireless communication facility, such as cabinets, shelters, additions to existing structures, pedestals, and other devices serving similar purposes. Typically it includes an air conditioning unit, a heating unit, electrical supply, telephone hookup and backup power supply and may include any service roads or other access accommodations used to service the facility.

PCS: "Personal communications service" as defined in the TCA and federal communications commission regulations.

TCA: The telecommunications act of 1996.

WIRELESS COMMUNICATION: Any "personal wireless services" as defined by the TCA and licensed by the federal communications commission, including, but not limited to, the types commonly known as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, ground based repeaters for satellite radio services, microcell antennas and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. (Ord. 382, 10-25-2006)

9-3K-4: PREFERRED LOCATIONS:

Wireless communication facilities are encouraged to be located in commercial, recreation and public/institutional zoning districts whenever feasible. Applicants are encouraged to site facilities on existing nonresidential buildings and existing utility poles or towers. Antenna arrays are encouraged to be located at least five hundred feet (500') from schools, child daycare centers, hospitals, and residential dwellings. Where facilities can be consolidated onto a site and meet the standards of this article, such collocation is encouraged. (Ord. 382, 10-25-2006)

9-3K-5: DESIGN REVIEW PERMIT REQUIRED:

Wireless communication facilities proposed in all zoning districts shall require an application for design review, which shall include all applicable items for design review listed in section 9-4A-4 of this title, and all information required by section 9-3K-7 of this article. (Ord. 382, 10-25-2006)

9-3K-6: CONDITIONAL USE PERMIT REQUIRED:

Wireless communication facilities proposed in all zoning districts shall require an application for a conditional use permit, which shall include all applicable items for conditional use permits listed in section 9-4A-4 of this title, and all information required by section 9-3K-7 of this article. Such application for a conditional use permit is subject to the requirements of section 9-4B-2 of this title. Conditional use permits for wireless communication facilities within five hundred feet (500') of a school, child daycare center, hospital, residential dwelling, or similar land use, may be granted only where the applicant submits evidence demonstrating that there is no other feasible alternative to the proposed location. (Ord. 382, 10-25-2006)

9-3K-7: SUPPLEMENTARY MATERIALS:

A. Description Of Services: A description of the services the applicant proposes to offer at the proposed site, including:

1. A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed antenna or antenna array. In instances of applications that generate public controversy, the city retains the right to retain experts, at the applicant's expense, to review and assess the technical data.

2. Documentation that the applicant has obtained and is in compliance with all applicable licenses, permits or authorizations required by the federal communications commission.

3. Location of all existing, proposed and anticipated wireless communication facilities in the applicant's network located in the city, or within one mile of the city limits, in any direction.

4. A description of how the proposed facility fits into, and is a necessary part of, the applicant's network.

5. If the proposal does not include collocation, written documentation of all efforts made to collocate at another site, and a justification for the decision not to collocate.

6. In the instance where a facility is proposed within five hundred feet (500') of any school, child daycare center, hospital or residential dwelling, the applicant shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were deemed infeasible.

B. Design: All project applications shall adhere to the following criteria:

1. Location Relative To Schools, Child Daycare Centers, Hospitals, And Residential Dwellings: Drawings shall include the location of all schools, child daycare centers, hospitals, and residential dwellings within five hundred feet (500') of the antenna array.

2. Height: With the exception of installations on preexisting structures, the installation shall not exceed the height limitations for the applicable zoning district. Additional height may be considered through the conditional use permit process.

3. Minimal Visual Impact: All wireless communication facility applicants shall employ all practical means to conceal or minimize the number of facilities and reduce their visual impact, including:

a. Most Diminutive Technology: Use of the smallest components necessary to provide service that are in use or proposed for use within Blaine County.

b. Most Efficient Technology: Use of the most efficient components to serve the city. In this context, "most efficient" technology is that which allows the applicant to use the fewest number of wireless communication installations to serve the city.

c. Stealth Design: The wireless communication facility shall be designed to visually and operationally blend into the surrounding area, in a manner compatible with the local community character. The facility shall use the most quiet cooling equipment and whisper emergency generating apparatus. Artificial trees may be permitted in exceptional circumstances but are highly disfavored and discouraged. When artificial trees are proposed, all paint, materials and colors shall be listed by manufacturer and color number. When an artificial tree is proposed, the applicant shall provide sufficient samples, models or other information to demonstrate that alternative designs have been considered and rejected, and the reasons for the rejections.

d. Landscaping: In the event portions of the facility will be exposed to public view, and if additional plantings would further minimize the visual impact of the facility, the applicant shall provide a landscape plan, with an emphasis on native, drought tolerant plants. When existing mature landscaping is proposed to be removed or trimmed for the installation or operation of a wireless communication facility, the applicant shall identify the location of said landscaping by species and size on the landscape plan. In such an instance, trimming or removal of existing landscaping shall be minimal and subject to approval by the city.

e. Setbacks: Wireless communication facilities shall comply with all setback requirements for structures within the applicable zoning district. However, where a finding is made by the planning and zoning commission, as part of design review process, that the proposed location would reduce visual impact, improve safety, or otherwise exhibit superior design attributes, the applicant may propose to locate any wireless communication facility component within a required setback.

C. Operational Plan: All applications for wireless communication facilities shall include written assurances that the facilities shall be operated in accordance with the following:

1. Security Lighting: Security lighting shall be kept to a minimum in every instance and should only be triggered by a motion detector where practical. Security lighting potentially impacting residential districts and prominent view areas shall be minimized and all lighting shall be compliant with the city's exterior lighting regulations . Prominent views are listed in action item 1.1.2 of the comprehensive plan.

2. Maintenance: All facilities, landscaping, and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within thirty (30) calendar days. Damaged, dead or decaying plant materials shall be removed and replaced within thirty (30) calendar days.

3. Maintenance Hours:

a. Routine Maintenance: Routine maintenance of equipment located in or adjacent to existing residential land uses shall be conducted only during the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. weekdays, not including holidays. In other areas, routine maintenance may be conducted at any time.

b. Emergency Repairs And Maintenance: Emergency repairs and maintenance shall be conducted only in the cases of power outages and equipment failures or malfunctions.

c. Equipment Change Out And Overhaul: Equipment change out and overhaul may occur any time with thirty (30) days' notice to the city to allow notice to property owners and residents within three hundred feet (300') of the facility, if applicable.

4. Monitoring: Once the wireless communication facility is operating, the city may require the applicant to submit documentation that the facility is operating within the technical standards as described in the application and the federal communications commission permit. Independent field strength or power density measurements shall be provided to the city within thirty (30) days of written request to the applicant. At five (5) year intervals from the date when the city issues any permit authorized by this article, the applicant shall submit the following information, in writing, to the community development director:

a. Confirmation that the facility continues to operate in compliance with all terms and conditions of approval by the city.

b. Independent field strength or power density measurements taken within the past thirty (30) days that verify that the facility continues to operate in compliance with all terms and conditions and emissions standards imposed by the federal communications commission.

c. Confirmation that there is no equipment available that would enhance the safety, efficiency or visibility of the facility or reduce the size of the facility.

d. Confirmation that there are not more appropriate locations available for the facility.

e. Confirmation that the facility continues to function as an essential element of the applicant's network.

f. Documentation of any complaints received by the applicant since the inception of operations regarding the operation and maintenance of the facility, including the applicant's actions to address the complaints.

5. Construction Time, Abandonment And Decommissioning: All wireless communication facilities which receive a conditional use permit under this article shall be completed and operational within one hundred eighty (180) calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional one hundred eighty (180) calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of applicant, including seasonal considerations. If the facility is not completed and operational by the end of the extension period, then the permit shall expire, and the applicant must reapply for the permit; however, this provision shall not apply when the applicant demonstrates to the satisfaction of the community development director that the operational delay is due entirely to factors beyond the control of the applicant, in which event, the director may extend the construction time in his or her discretion. The director reserves the right to consult with the planning and zoning commission regarding any proposed extension. Any facility that ceases operating for more than ninety (90) consecutive days shall be considered abandoned. In such an event, the applicant must either: a) apply for all permits required at the time of expiration to reactivate the operation; or b) remove all elements of the facility and restore the site. In the event the applicant fails to apply for permits or perform the removal and restoration within these ninety (90) days, the property owner shall have the facility removed. (Ord. 382, 10-25-2006)

9-3L-1: TITLE; PURPOSE:

A. Title: This article shall be known as the AVALANCHE ZONES ORDINANCE.

B. Purpose: The purpose of this ordinance is to define the minimum submittals required to accompany development applications and Building Permit applications.

C. Applicability: This chapter applies to all development proposed to occur in the following locations:

1. Within the boundary identified Avalanche Areas on the Areas of Environmental Concern map included in the 2015 City of Sun Valley Comprehensive Plan Update and subsequent updates to the Comprehensive Plan; this boundary is also included as the Avalanche Overlay in the City of Sun Valley online Geographic Information System (GIS) map. Or;

2. Within the boundary of an avalanche risk zone mapped in a site-specific study, whether or not the subject parcel's avalanche risk is indicated on the Areas of Environmental Concern or GIS maps referenced in the above section.

a. Site-specific studies for properties not identified on the Areas of Environmental Concern map or GIS map referenced above may be submitted voluntarily by the applicant or may be requested by the City if the city has reason to believe avalanche risk mays exist. By way of example and not limitation, such rationale includes the presence of significant areas of slope between twenty-seven (27) to thirty-one (31) degrees or steeper, historic occurrences of avalanches affecting the subject parcel, and the proximity of the proposed development's location to an avalanche risk boundary identified in a prior study that includes the subject parcel. Or;

3. Within the boundary of an avalanche risk area identified in other studies submitted to and accepted by the city as evidence of avalanche risk subsequent to adoption of this ordinance. (Ord. 567, 9-1-2022)

9-3L-2: TYPES OF AVALANCHE ZONES:

Avalanche risk zones are typically classified as Red or Blue. Other classifications may exist.

A. The Red Avalanche Zone, also known as the Red Zone or High Potential Hazard Zone, is an area reached by frequent or powerful avalanches. The Red Avalanche Zone experiences frequent avalanches (with an average return period of thirty (30) years or less) or reference impact pressures of six hundred (600) pounds per square foot or greater as measured on a flat, rigid surface normal to the flow direction. Either the impact or return period condition is sufficient to define the Red Avalanche Zone.

B. The Blue Avalanche Zone, also known as the Blue Zone or Moderate Potential Hazard Zone, is an area reached by less frequent and less powerful avalanches. The Blue Avalanche Zone experiences an average return period of thirty (30) through three hundred (300) years and reference impact pressures of less than six hundred (600) pounds per square foot. Both impact conditions and the return period must exist in order for an area to be classified as a Blue Zone. (Ord. 567, 9-1-2022)

9-3L-3: AVALANCHE ZONE REVIEW:

All applications for development subject to this ordinance, as defined by 9-3L-1-C, shall submit the minimum information identified in Section 9-3L-4 in order for the application to be certified complete, accepted by the City, and reviewed. (Ord. 567, 9-1-2022)

9-3L-4: APPLICATION SUBMITTALS:

The City may require additional information to be submitted and any application for development in an avalanche zone may be subject to additional review by a consultant selected by the City. Minimum submittal information required includes:

A. Applications for development on parcels described in 9-3L-1-C and issued under the authority of Title 9, the Development Code, that may or may not be subject to subsequent receipt of a Building Permit, Grading Permit, or other local, state or federal permit, shall include the following submittals:

1. Site Specific Avalanche Analysis report prepared by an engineer or other licensed professional with expertise in the field of avalanche forces, occurrences, and behavior.

a. Expertise in the field of avalanche forces, occurrences and behavior shall be demonstrated by evidence accepted by Community Development Director, Planning and Zoning Commission or City Council including, but not limited to, submittal and approval of prior applications for development in Red or Blue avalanche zones in City limits, American Avalanche Association or Canadian Avalanche Association certification, proficiency in avalanche modeling software, receipt of specialized training or mentoring in avalanche hazard, snow science, and risk assessments.

2. Site Plan indicating red, blue and/or other risk zones, where applicable.

3. Construction Management Plan indicating red, blue and/or other risk zones, where applicable.

4. Identification of any buildings, structures, or landforms (for example, berms) existing and proposed in the avalanche paths.

5. For subdivisions within an avalanche zone, additional submittals detailed in 9-5A-4-0-2 shall be submitted.

6. For applications subject to a Compliance Statement per 9-5A-4, the relationship of the proposed site to known natural hazards shall be addressed.

B. Applications for development on parcels described in 9-3L-1-C and issued under the authority of Title 8, Building Regulations, or Title 7, Engineering Specifications, Plans, Permit and Compliance, shall include the following submittals:

1. Site Specific Avalanche Analysis report prepared by an engineer or other licensed professional with expertise in the field of avalanche forces, occurrences, and behavior.

2. Site Plan indicating Red, Blue and/or other risk zones, where applicable.

3. Construction Management Plan indicating red, blue and/or other risk zones, where applicable.

4. Identification of any buildings, structures, or landforms (for example, berms) existing and proposed in the avalanche paths.

5. Letter signed and sealed by a Professional Engineer (PE) licensed in the State of Idaho, accompanied by supporting structural calculations, confirming that all buildings, and structures proposed within the avalanche risk areas identified in the site-specific study have been designed to:

a. Withstand the forces described in the site-specific study.

6. Letter signed by an expert in the field of avalanche forces, occurrences and behavior addressing the proposed development's considerations related to neutrality of snow deflection onto neighboring properties, the City's right-of-way, and adjacent private roads.

7. A copy of a notarized letter of acknowledgement, that has been signed by the property owner and recorded with the Blaine County Recorder's Office, acknowledging that the proposed development is located an area of avalanche risk and that the following risks may occur:

a. The property and any development that occurs are subject to damage by avalanche forces.

b. In the event of an avalanche or a period of avalanche risk the City may suspend delivery of services, such as snow plowing operations, fire, and police services. (Ord. 567, 9-1-2022)

9-3L-5: WARNING AND DISCLAIMER OF SAFETY AND LIABILITY:

A. Avalanches occur naturally, suddenly and unpredictably based upon steepness of slope and runout area, exposure, snowpack composition, wind, temperature, rate of snowfall and other interacting factors. The avalanche hazard zones designated in this title are considered reasonable for regulatory purposes and are based upon and limited by the engineering and scientific methods of study. This title does not represent or imply that areas outside the areas identified as avalanche risk zones are free from avalanches or avalanche danger.

B. The fact that the City has not prohibited development, construction or use of real property within areas identified as avalanche hazard zones does not constitute a representation, guarantee or warranty of any kind as to the safety of any construction, use or occupancy. The granting of any permit or approval for any structure or use, or the declaration or failure to declare the existence of an avalanche hazard shall not constitute a representation, guarantee or warranty of any kind or nature by the City, or any official or employee, of the practicality or safety of any construction, use or occupancy, and shall create no liability upon or cause of action against such public body, or its officials or employees, for any injury, loss or damage that may result.

C. Avalanches occur naturally, suddenly and unpredictably, and persons who develop or occupy property and structures within areas identified as avalanche hazard zones do so at their own risk. (Ord. 567, 9-1-2022)