This chapter establishes the performance standards applicable to land development and building activity in the city. (Ord. 2000-02, 3-3-2000)

1. Water Quality: All developments shall demonstrate continuing compliance with state and federal water quality regulations.
2. Runoff And Erosion Control: A professionally prepared runoff and erosion control plan shall be implemented by developments where a cumulative total of more than one acre of land with a slope or more than eight percent (8%) will be disturbed, or where a cumulative total of more than twenty thousand (20,000) contiguous square feet of impervious cover will be created. That plan shall:
   1. Identify runoff and erosion hazard areas on the site;
   2. Identify areas and facilities, both on and down slope from the site, that are vulnerable to damage from accelerated runoff or erosion;
   3. Show how the retention of existing vegetation will be maximized and land disturbance minimized;
   4. Show how existing trees that are to be retained will be protected from damage during construction;
   5. Show how the area disturbed by construction at any one time will be minimized and how disturbed areas will be stabilized during the construction period; (Ord. 2000-02, 3-3-2000)
   6. Show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques (revegetation with native plants is encouraged); (Ord. 2000-02, 3-3-2000; amd. 2011 Code)
   7. Show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;
   8. Show how any additional runoff generated will be retained on site and absorbed, evaporated, or released from the site at a rate not exceeding the predevelopment rate of release;
   9. Show how sediment resulting from accelerated soil will be retained on site; and
   10. Show how water quality in adjoining or nearby streams and wetlands will be protected by retention of existing vegetation, installation of vegetative filter strips, and other means.
3. Wetlands: All developments shall demonstrate compliance with state and federal wetlands protection requirements.
4. Floodplains: The stream corridor includes the 100-year floodplain or special flood hazard area, any associated wetlands, and any associated areas where riparian vegetation is dominant.
   1. A minimum development setback of thirty feet (30') from the outer edge of the stream corridor or fifty feet (50') from the average annual high water mark, whichever is greater, shall be required along the Teton River and other natural watercourses. The use of buffers created by this requirement shall be compatible with the protection of stream corridor values.
      1. Roads and utility lines may cross stream corridors, but the number and width of such crossings shall be minimized. Irrigation works (dams, head gates, ditches, etc.) may be placed in stream corridors, as may hydroelectric power generation facilities, upon issuance of a class II permit, and all required state and federal permits.
      2. Stream corridor buffers may be left in, or restored to, native riparian vegetation or planted as lawns. They may not be developed, except as permitted in Paragraph D,1,a of this section.
      3. The development setbacks required herein shall be clearly shown on final site plans and final subdivision plats. In subdivisions, the setback line shall be located by a permanent monument on each lot line that runs more or less perpendicular to the stream or lake and at the center of each lot that borders the stream or lake.
   2. Developments in the flood hazard overlay shall comply with the performance standards of TCC 9.20.
5. Air Quality: All developments shall demonstrate continuing compliance with state and federal air quality regulations. (Ord. 2000-02, 3-3-2000)
   

1. Protecting Irrigation Systems: All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, head gates, canals, pumps, drains, etc.) shall be reviewed by the responsible irrigation entity. No development shall be permitted to adversely impact the operation of any irrigation system, and all developments shall comply with the specific performance standards established herein.
   1. Subdivisions shall demonstrate compliance with I.C. § 31-3805, as amended, which provides for the approval of subdivisions by irrigation entities. Compliance shall be attained by the transfer of water rights or the installation of a central irrigation system maintained by a community association. Irrigation systems installed in subdivisions to achieve compliance with I.C. § 31-3805 are subject to the requirements imposed on other subdivision improvements.
   2. No development shall channel stormwater or snowmelt runoff into any irrigation system without written consent of the responsible irrigation entity. (Ord. 2000-02, 3-3-2000)
2. Weed Control: As required by I.C. § 22-2407, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property that they own". (Ord. 2000-02, 3-3-2000; amd. 2011 Code)
   

1. Potential Nuisances: All potential nuisances and hazards shall be mitigated by appropriate means.
   1. Noise:
      1. Restriction: No development that will create excessive levels of sound beyond its property line shall be permitted. Excessive sound, measured at the property line of the receiving use, exceeds those standards of table 2 below. This performance standard applies to sounds generated by the occupancy or operation of a development, including sound generated by the operation of trains, motor vehicles, and heavy equipment on the site. It does not apply to the movement of motor vehicles on public roads, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular development.
      2. Temporary Exception: The maximum sound levels of table 2 below may be exceeded by temporary construction and maintenance activities, but any excessive noise generated by such activities shall be restricted to the hours between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
         
         TABLE 2
         DETAILED PERFORMANCE STANDARDS FOR NOISE

         Receiving Use	Maximum Sound Level
         Residential	60 dBA, 7:00 A.M. to 10:00 P.M.; and 50 dBA, 10:00 P.M. to 7:00 A.M.
         Commercial, industrial	70 dBA, any time

         Note: "dBA" is the measure of sound levels in A-weighted decibels.
   2. Light, Glare, Heat:
      1. No development shall direct hazardous light, glare, or heat beyond its property line. Commercial welding equipment and similar sources of intense light shall be shielded from neighboring properties or public ways by enclosure in a building, location on the property, or construction of a fence or wall, or a densely planted landscaped buffer.
      2. All fixtures used to illuminate commercial and industrial uses shall have a full cutoff, no building or landscape feature shall be uplit, and no commercial or industrial use shall generate a level of illumination greater than 0.4 foot-candle in any neighboring, residential area.
   3. Interference: No development shall create electrical interference that adversely affects other uses.
   4. Solid Waste:
      1. Solid waste shall be stored in an enclosed building or in approved containers and handled in a manner that does not:
         1. Attract rodents, flies, or other animals;
         2. Generate odors perceptible beyond the property line or liquid runoff; or
         3. Permit the blowing of paper and other lightweight waste.
      2. Industrial or commercial solid waste handling and storage areas shall be effectively screened from the public view by enclosure in a building, location on the site, or the construction of a fence or wall. This includes expansions of existing solid waste handling and storage areas.
   5. Runoff: No development shall channel stormwater or snowmelt runoff in a way that adversely impacts neighboring properties or public ways. See also TCC 9.22.030 Paragraph A,2.
2. Hazardous Substances: Any development that is, or that may reasonably be expected to be, subject to the reporting requirements of EPCRA, the federal emergency planning and community right to know act of 1986, shall demonstrate continuing compliance with all state and federal requirements for the storage and handling of hazardous substances.
3. Connections: All developments shall be designed to optimize functional connections with adjoining developments, including shared access to arterial roads, shared parking and service access, shared buffers and open space, and shared pedestrian circulation.
4. Manufactured Homes:
   1. Manufactured homes that are not in an approved mobile home park shall be placed on a permanent foundation that complies with manufactured home setup code¹ and permanently connected to municipal utilities.
   2. Where a system A foundation is used, the manufactured home shall be skirted using a compatible material and color. Skirting materials shall have an R-value of at least 19. (Ord. 2000-02, 3-3-2000)
      

¹ I.C. § 44-2201 et seq. See also TCC 9.36.

1. Municipal Utilities: All developments and all lots or parcels within a development shall be connected to the city water and, when provided, sewerage systems.
   1. Water and sewerage service shall be extended to all lots before the street surface is constructed.
   2. The provision of municipal utilities, including any necessary extension of mains, lift stations, etc., shall be the responsibility of the developer (see TCC 9.24 for required improvements), but the city may choose to bear the additional costs of constructing larger facilities to prepare for future development.
   3. Commercial developments may be required to provide pretreatment before the wastes they generate enter the city sewerage system.
2. On Site Sewage Disposal: On site sewage disposal systems shall be sited, designed, and constructed in compliance with state standards. This requirement includes nonconforming uses applying for a class II permit for a change in occupancy or replacement, as provided in TCC 9.10.
3. Private Utilities:
   1. All developments, and all lots or parcels within a development, shall have direct access to electric power, telephone, and, where available, cable television and natural gas. Private utilities shall be provided by the developer, in compliance with the standards of the individual utilities.
   2. Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street or road surfaces are constructed.
4. Utility Easements: No building shall be placed in any utility easement, public or private. Fences may be constructed across municipal utilities, but only where a gate or separable section is approved by the council. Fences across other easements must have approval of the affected utility.
5. Off Street Parking And Loading Areas: Off street parking and loading areas shall be provided as required by chapter 15 of this title. Snow storage shall not be permitted to reduce the size of any required off street parking or loading area.
6. Safe Access:
   1. Points of access to public roads shall be constructed in compliance with the standards of chapters 15 and 16 of this title. Developments with points of access to a state or federal highway shall obtain approval for those points of access from the Idaho transportation department.
   2. Developments shall minimize the number of points of access to arterial roads and highways, while complying with Paragraph F,3 of this section.
   3. Developments shall maintain the existing grid pattern of the city streets.
7. Streets: Safe all weather road access to all developments and all lots within any development shall be provided by the developer. The design and construction of roads shall be in compliance with the detailed performance standards of chapter 16 of this title.
8. Fire Protection: All applications for class II permits shall be referred to the South Fremont fire protection district for review and comment. If comments are not received before or at the scheduled hearing, it shall be assumed that the district had none. Comments from the fire protection district shall be considered in determining the development's compliance with this title. (Ord. 2000-02, 3-3-2000)
   

A large scale development is a residential or mixed use project, or a series of adjacent or related residential or mixed use projects, that will contain twenty (20) or more residential lots or units, or a commercial, industrial, or mixed use project, or series of adjacent or related commercial, industrial, or mixed use projects, that will contain more than five thousand (5,000) square feet of commercial or industrial space.

1. New Public Facilities Or Improvements To Existing Facilities: Large scale developments shall provide, or make a fair, proportional contribution to the provision of, any new public facilities or improvements to existing public facilities necessitated by their development. Such facilities shall be provided in compliance with all requirements of this title and may include: off site road improvements such as deceleration or acceleration lanes, left turn lanes, signs or signals, and bridges or culverts; solid waste transfer stations; emergency services buildings and apparatus, including fire engines or ambulances; and neighborhood parks (including space used for recreational trails) at a rate of two (2) acres per one thousand (1,000) population.
2. Study Process For Needs: The public facilities needs of the large scale development shall be determined through a fact finding process conducted by the commission, at the expense of the developer. The commission may retain planners and/or engineers to conduct this study, the purpose of which shall be to determine what new facilities needs may be attributed to the proposed development. The large scale development study process shall be conducted as follows:
   1. The administrator shall determine whether a proposed development is a large scale development upon the filing of an application for sketch plan review.
   2. The administrator shall place the initiation of a large scale development study on the agenda of the next regular commission meeting, along with the sketch plan review.
   3. The commission shall review the application at that meeting. If it confirms the administrator's determination, the commission shall direct the administrator to begin a large scale development study.
   4. Where a large scale development study is required, the developer shall place a deposit with the city in the amount provided in the resolution establishing fees for administration of this title. The administrator shall retain appropriate professional assistance for the study, drawing against the required deposit as necessary. All unused funds shall be returned to the developer upon completion of the study.
   5. The application shall be considered complete and a hearing scheduled only after completion of the large scale development study.
3. Results Of Study: A large scale development study shall:
   1. Project the additional need for public facilities that will be generated by the proposed development;
   2. Inventory the facilities that will serve the proposed development and their existing condition and capacity;
   3. Combine the projections and inventory to show what, if any, additional or improved facilities will be needed to serve the proposed development; and
   4. Estimate the costs of those additional or improved facilities. Where it is anticipated that new or improved facilities will also serve other developments (existing or new), the study shall calculate the fair proportional contribution of the large scale development to the total costs of the new or improved facilities. (Ord. 2000-02, 3-3-2000)
      

1. Plat Or Record Of Survey Required For All Land Divisions: A record of survey or plat shall be required for all land divisions, except those exempted by TCC 9.10.020. Records of survey and plats shall meet all requirements of I.C. 50, Chapter 13, "plats and vacations"¹, as amended, and all requirements of TCC 9.46.
2. Lot Splits: Lot splits require a class I permit. All lot splits shall comply with the following requirements, in addition to all applicable performance standards of this title:
   1. Lot splits shall not be used as a means to evade the requirements of this title for subdivisions. The use of multiple lot splits to evade those requirements shall be a violation of this title.
   2. Any parcel created shall be capable of accommodating a use permitted by this title.
   3. Any parcel created shall have safe direct access to an existing public road, or association maintained private road, in compliance with the performance standards of this title.
   4. The county treasurer must certify that all real property taxes due on the parcel being split have been paid.
   5. Approval of a lot split does not constitute or imply approval of any specific development on the parcel created, but the administrator may combine processing of class I permits for a lot split and the construction or placement of a single-family dwelling on the parcel created.
3. Subdivisions:
   1. Master Planning: Any application for a class II permit for subdivision may be disapproved solely on the basis that it fails to show an overall plan for the development of the entire contiguous holdings of the developer and/or owner. Every lot created shall be capable of accommodating a use permitted by this title.
   2. Subdivision Of Irrigated Lands: See TCC 9.22.030 Paragraph A.
   3. Subdivision Of Flood Hazard Areas: Subdivisions that are in, or include a portion of, the FHO shall comply with TCC 9.20.
   4. Improvements: The subdivision improvements required by this title shall be provided, at the expense of the developer, as required by TCC 9.24.
   5. Property Taxes: The county treasurer must certify that all real property taxes due on the parcel being subdivided have been paid.
4. Mobile Home Parks: Mobile home parks which permit short term (less than 1 month) occupancy shall be classified as commercial rather than residential uses.
   1. Skirting: All manufactured homes placed in a mobile home park shall be skirted with a matching metal or wood skirting material.
   2. Improvements: The mobile home park improvements required by this title shall be provided, at the expense of the developer, as required by TCC 9.24. (Ord. 2000-02, 3-3-2000)
      

^1. I.C. §§ 50-1301 - 50-1329.

1. Purpose: The architectural standards are intended to provide detailed, scale appropriate design, while affording flexibility to use a variety of building styles.
2. Applicability: This section applies to all of the following types of buildings, and shall be applied prior to issuance of a building permit:
   1. Multi-family dwellings;
   2. Public and institutional buildings; and
   3. Neighborhood commercial and mixed use buildings.
3. Standards: All buildings which are subject to this section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard.
   1. Building Form: The continuous horizontal distance (i.e., as measured from end wall to end wall) of individual buildings shall not exceed one hundred twenty feet (120'). All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur at a minimum of every forty feet (40'), and on each floor shall contain at least two (2) of the following features:
      1. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four feet (4');
      2. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet (2') and runs horizontally for a minimum length of four feet (4'); and/or
      3. Offsets or breaks in roof elevation of two feet (2') or greater in height.
   2. Eyes On Street: All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of sixty percent (60%) of front (i.e., street facing) elevations, and a minimum of thirty percent (30%) of side and rear building elevations, as applicable, shall meet this standard. "Percent of elevation" is measured as the horizontal plane (linear feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.
   3. Detailed Design: All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three (3) of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations).
      1. Dormers.
      2. Gables.
      3. Recessed entries.
      4. Covered porch entries.
      5. Cupolas or towers.
      6. Pillars or posts.
      7. Eaves (minimum 6 inch projection).
      8. Offsets in building face or roof (minimum 16 inches).
      9. Window trim (minimum 4 inches wide).
      10. Bay windows.
      11. Balconies.
      12. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, or similar features).
      13. Decorative cornice and rooflines (e.g., for flat roofs).
      14. An alternative feature providing visual relief, previous options listed. (Ord. 314, 11-8-2007)