The purpose of performance standards is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered.

In addition to all yard regulations specified in the official schedule of district regulations in section 9-6-2 of this title and in other sections of this title, the following provisions shall be adhered to:

1. Visibility of Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of the intersecting streets in the area bounded by the right of way lines of such corner lots and a line joining points along said street right of way lines twenty five feet (25') from the point of intersection;
2. Fence and Wall Restrictions In Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of three feet (3) and ten feet (10');
3. Yard Requirements for Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate district;
4. Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the commission is provided. Such screening shall be a masonry or solid fence between four feet (4') and eight feet (8') in height maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting;
5. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard; and
6. Exceptions To Height Regulations: The height limitations contained in the official schedule of district regulations in section 9-6-2 of this title do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.

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

1. Conversion of Dwellings to More Units: A residence may be converted to accommodate an increased number of dwelling units if:
   1. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
   2. The lot area per dwelling equals the lot area requirements for new structures in that district;
   3. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
   4. The conversion is in compliance with all other relevant codes and ordinances.
2. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the city council.
3. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the building official shall be provided.

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

1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the uniform fire code1 and the national safety foundation publications;
2. Radioactivity or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

Certain unique land uses pose special situations that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:

1. Accessory Building:
   1. Will not be located in any required front yard area;
   2. Will not be located closer than five feet (5') from any side or rear property line; and
   3. Will not be located on any recorded easement unless allowed in easement description.
2. Animal Clinic, Animal Hospital, Veterinary Office and Kennel:
   1. Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner or operator residence. The building official may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property;
   2. Will comply with all state and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor; and
   3. Animal clinics, animal hospitals, veterinary offices and kennels in existence at the time of adoption of this title shall be exempt from the provisions of subsection B1 of this section.
3. Animal Commercial Feedlots, Meatpacking, Processing Plant and Slaughterhouse Facilities:
   1. Will be located, when housing animals, feedlot or holding pens, not less than six hundred feet (600') from any residence, except for an owner's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line;
   2. Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor; and
   3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality controls.
4. Bulk Storage of Flammable Liquids and Gases, Aboveground and For Resale:
   1. Will be located at least three hundred feet (300') from a residential zone, a residence, motel, hotel, except for an owner's or operator's residence;
   2. Will be erected subject to the approval of the fire chief; and
   3. Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire chief.
5. Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal.
6. Contractor's Yard:
   1. Will be located a minimum distance of three hundred feet (300') from any residence except for an owner's or operator's residence;
   2. Will have a screening fence around areas utilized for storage of equipment; and
   3. Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
7. Drive-In Restaurant; Convenience Store:
   1. Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence; and
   2. Will provide for adequate trash receptacles.
8. Filling, Grading, Lagooning, Dredging or Other Earthmoving Activity:
   1. Will result in the smallest amount of bare ground exposed for the shortest time feasible;
   2. Will use diversions, silting basins, terraces and other methods to trap sediment;
   3. Will provide lagooning in such a manner as to avoid creation of fish trap conditions;
   4. Will not restrict a floodway, channel or natural drainageway;
   5. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;
   6. Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way; and
   7. Will restore topsoil or loam to a depth of not less than four inches (4").
9. Home Occupation:
   1. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than fifty percent (50%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;
   2. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, non illuminated and mounted flat against the wall of the principal building;
   3. No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title and shall not be located in a required front yard; and
   4. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
10. Mobile Home Park:
    1. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
    2. Will not be hazardous or detrimental to existing or future neighboring uses;
    3. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;
    4. Will be consistent with the intent and purpose of this title and the comprehensive plan;
    5. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;
    6. Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance; and
    7. Will meet the minimum health standards as set forth by the Idaho state department of health and welfare.
11. Outdoor Storage of Commercial and Industrial Materials:
    1. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and
    2. Will not be located in any front yard setback area.

Tiny homes present a unique and special situation for residential dwelling that falls outside of the standard residential performance standards. Applications for tiny home permits will therefore be subject to the following standards.

1. Tiny Home Permit.
   1. A tiny home permit is required for the construction, installation, and/or location of a tiny home in the City.
   2. A tiny home permit application must be submitted on an application form as provided by the City. Such application will be considered using the same process as a special use permit.
2. Tiny Home Standards.
   1. Exception to Lot Area Regulation: The minimum lot area per DU requirements of Chart 2 of the Schedule of District Regulations will not apply to tiny homes.
   2. Foundation: A tiny home must be secured on an appropriate solid foundation. A tiny home originally built on a trailer is required to remove all wheels/axels in order to be properly secured to a foundation.
   3. Access: A tiny home must be located on a common access route or internal street and have an assigned address. A subdivision-style development of tiny homes may propose a common access route.
   4. Driveway: A tiny home must have a driveway with a minimum capacity for two standard vehicles.
   5. Water and Wastewater: A tiny home must be connected to City water and wastewater services. No composting toilets are permitted.
   6. Building Code: A tiny home must comply with applicable portions of the adopted tiny homes building code of the City of Wilder, including passage of inspection by the Building Official.

(Ord. 614, Amended, 12/19/2017; Ord. 575, Amended, 2/7/2010; Ord. 414, Amended, 8/6/1996; Ord. 341, Enacted, 12/1/1988)