The following uses are hereby permitted in the B-1 residence district:

Accessory buildings and uses permitted in the A residence district, and those uses incidental to the permitted uses of this district except accessory living quarters, servant's quarters and stables.

All uses permitted in the A residence district.

City of Weiser public utilities and public service uses or structures.

Two-family dwellings (duplexes).

Two-family dwellings (townhouses), minimum lot size twenty percent (20%) larger than minimum area regulations (see subsection 10-9-3A of this chapter). (Ord. 1183, 12-12-2005)

The planning commission may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment:

The following conditional uses may be permitted in the B zone:

   A.   All conditional uses permitted in an A residential district.

   B.   Multi-family dwellings or multi-family dwelling groups.

   C.   Auditoriums, stadiums, arenas and similar uses.

   D.   Other uses deemed similar by the city to the uses above may be considered under a conditional use application.

   E.   Public utilities and public service uses or structures other than the city of Weiser.

   F.   Grazing of livestock on lots/parcels by the owner or person in possession of property or with the consent of such owner or person in possession of such property so long as:

      1.   The number of livestock does not exceed three (3) animal units per acre, and in the event that the area size shall be less than one acre, then the number of animal units shall be reduced proportionately with relation to the size of the area compared to one acre.

      2.   Feeding for commercial purposes is not conducted (commercial purposes shall not be deemed to include the keeping of an animal for household or domestic use or for private purposes such as 4-H and FFA projects, etc.).

      3.   Conditions on the premises do not exist that would cause offensive and undesirable odors to be emitted therefrom or create circumstances amounting to a nuisance.

      4.   The area wherein animals are kept and maintained is adequately enclosed so as not to allow the said animals to encroach upon the property of adjacent landowners.

      5.   For violations of the provisions herein contained, the owners of the property or the person entitled to the control thereof shall be first warned and advised to comply with these provisions. If no action is taken in response, said owner or person entitled to control shall be fined the sum of twenty five dollars ($25.00) for the first offense, one hundred dollars ($100.00) for the second and three hundred dollars ($300.00) for each offense thereafter. (Ord. 1183, 12-12-2005)

   A.   Minimum lot area, seven thousand two hundred (7,200) square feet.

   B.   Minimum lot width, sixty feet (60').

   C.   Front yard, not less than twenty five feet (25') from the property line or the established setback line in compliance with subsections 10-11-1D and E of this title.

   D.   Side yard, not less than five feet (5') plus an additional two feet (2') for each story above the second story.

   E.   Rear yard, not less than twenty feet (20') from the property line plus an additional two feet (2') for each story above the second story.

   F.   Minimum open space, sixty percent (60%). Open space is that area of blue sky above, including driveway and parking area.

   G.   No structure shall be placed on any utility easement of record. (Ord. 1183, 12-12-2005)

The height restrictions for the B residence district shall be two and one-half (21/2) stories but not exceeding thirty five feet (35'). (Ord. 1183, 12-12-2005)

As required and provided in chapter 12 of this title. (Ord. 1183, 12-12-2005)