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ORDINANCE NO. 431 AN ORDINANCE OF THE CITY OF WENDELL, IDAHO, PROVIDING A REVISED ZONING ORDINANCE FOR SAID CITY: PROVIDING THE PURPOSE AND TITLE OF SAID ORDINANCE: PROVIDING FOR DEFINITIONS: DIVIDING SAID CITY INTO ZONE DISTRICTS; DEFINING THE REGULATIONS AND RESTRICTIONS FOR BUILDINGS, USES, SIGNS, LOTS AND SET BACKS IN EACH DISTRICT: ADOPTING THE OFFICIAL ZONING MAP AND PROVIDING THE BOUNDARIES OF EACH DISTRICT: PROVIDING FOR OFF STREET PARKING AND GENERAL PROVISIONS AS TO DEVELOPMENT AND USE OF EACH DISTRICT: PROVIDING FOR SCREENING IN COMMERCIAL AND INDUSTRIAL ZONES: PROVIDING FOR NON-CONFORMING USES: FOR INTERPRETATION, ADJUSTMENT AND VARIANCES: PROVIDING FOR ENFORCEMENT AND PENALTY FOR VIOLATION OF THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF WENDELL, IDAHO: That the Mayor and Council of the City of Wendell, Idaho, finds that the existing zoning ordinance of the City is inadequate and insufficient to meet the changing needs of said City and in order to promote the health, safety, morals and general welfare of the community and for the best interests of the community as a whole, said Council considers that restrictions and regulations shall be provided to restrict and regulate the height, number of stories, size of buildings and structures, and the percentage of lots to be occupied and the size of yards and other spaces, density of population and location and use of buildings, structures and land for trade, industry, residences and other purposes.

CHAPTER 1 ZONING DEFINITIONS, GENERAL PROVISIONS

SECTION: 5-1-1: Title and Purpose 5-1-2: Definitions 5-1-3: Conformance and Permits Required 5-1-4: Area Requirements, Exceptions 5-1-5: Yards In Case of Corner Lots 5-1-6: Improvements 5-1-7: Screening 5-1-8: Interpretations, Adjustments And Variances 5-1-9: Special Use Permits 5-1-10: Manufactured Homes and Mobile Homes 5-1-1. TITLE AND PURPOSE A. This Ordinance shall be known and cited as “The Zoning Ordinance of the City of Wendell, Idaho.”

B. The purpose of this ordinance are to provide a comprehensive design to lessen congestion in the streets, to secure from fire, panic and other damages, to promote health and the general welfare, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision for transportation, water, sewage, streets, parks and other requirements, all with the purpose of conserving the value of buildings and land and to

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encourage the most appropriate use of land within said City.

5-1-2 DEFINITIONS For the purposes of this Ordinance certain terms and words are herewith defined as follows: The words “used for” include “designed for” and vice versa: words used in the present tense include the future; words in the singular number include the plural and vice versa: the word “building” includes “structure”; and the word “shall” is mandatory and not directory.

ACCESSORY USE: The use of land, or of a subordinate building or part thereof, or a portion of a main building, such use being accessory to or incidental to the principal use of the premises. AGRICULTURE. The use of land for farming, dairying, irrigated pasture, cropping, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, producing food fiber, treating, or storing the produce, provided however that:

A) The Operation of any such accessory uses shall be secondary to that of normal agricultural activities.

B) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feed, particularly for the purpose of fattening for market.

APARTMENT: A building or portion thereof designated for or containing dwelling units. AUTOMOBILE STORAGE SPACE: Parking and or storage of new and used automobiles which are capable of immediate operation under their own power. AUTOMOBILE AND TRAILER SALES AREA: An open area, other than a street used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises. Automobiles must be capable of operation under their own power at all time. BASEMENT: A space of full story height below the first floor which is not designed or used primarily for year-round living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as a basement space. BED AND BREAKFAST; Bed and Breakfast means a professionally run facility providing up to 16 rooms (rooms shall include all rooms open to the guests, not just bedrooms) for temporary overnight accommodations, and where the owner-innkeeper is resident on the property. A Bed and Breakfast provides breakfast for overnight guests, but does not provide a restaurant and/or bar. Exterior signage must conform with sign ordinances of that zone and area. BOARDING AND/OR LODGING, HOUSE, INCLUDING ROOMING HOUSE: A building or portion thereof, other than a hotel, where lodging and/or meals for five or more persons are provided for compensation. BUILDING: Any type of construction of which the structural framework is enclosed and built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. BUILDING, HEIGHT OF: The vertical distance measured from the average elevation of the

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proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILING, EXISTING is a building erected prior to the adopted of this code, or one for which a legal building permit has been issued.

BUILDING, TEMPORARY is a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. CARPORT, DETACHED: A roofed structure of which the sides and ends are not enclosed with materials of any kind and completely surrounded by open space. CARPORT ATTACHED: Having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling. COMMISSION: The Zoning, Planning and Zoning, Joint Planning and Zoning Commission appointed by the Council. COUNCIL: The City Council of the City of Wendell, Idaho.

CONCENTRATED ANIMAL FEEDING OPERATION. Concentrated animal feeding operation (CAFO) shall mean all agricultural operations that exceed five (5) units per acre in pasturing density for a period of more than six months out of each year. Such operations shall not be limited to an overall number of animals, provided the acre density is not exceeded for the total site. Animal unit shall be defined as follows: Multiply the number of animals by the animal equivalency factor to determine animal units: Animal Type Animal Equivalency Factor Dairy Cattle Milking and Dry Cows 1.4 Heifers (800-1200 lbs) 1.1 Heifers (400-800 lb) 0.6 Calves (under 600 lbs) 0.5 Beef Cattle Bull (each) 1.4 Steers/Cows (over 1000 lbs) 1.0 Steers/Cows (600-1000 lbs ) 0.8 Calves (under 600 lbs) 0.5 Sheep (each) 0.1 Horses (each) 2.0 Fish 1.0 Chickens Layers (each) 0.01 Broilers (each) 0.005 Species nor Specifically Identified (350 lbs) 1.0 DEVELOPMENT. Development means any man-made change to improved or unimproved real

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estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. DRIVE-IN ESTABLISHMENT Drive-in establishment means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services. DWELLING: A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding and lodging houses, trailers, camp-cars, or trailer houses. DWELLING UNIT: Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living and sleeping purposes. DWELLING, ONE-FAMILY: A detached building designed exclusively for occupancy by one family. DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two families living independently of each other, including duplex and semi-detached houses. DWELLING, MULTIPLE: A building or portion thereof, designed for occupancy by three or more families living independently of each other and including apartment hotels. FAMILY: See “Occupancy” in this definition section. FRONTAGE, ENTIRE: All the property fronting on one (1) side of a street between intersecting streets, or between a street and a right-of-way, waterway, end of dead end street or city boundary, measured along the street line. An intersecting street shall determine only the boundary of the frontage on the side of the street which it intersects. GARAGE PRIVATE: A building or a portion of a building in which only motor vehicles used by the tenants of the building on the premises are stored or kept. GARAGE, ATTACHED: A garage having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling. GARAGE, DETACHED: A garage which is completely surrounded by open space. GOVERNING AUTHORITY: The City Commission of the City of Wendell, Idaho. HOME OCCUPATION: Any occupation or profession by one or more members of an immediate family, without employees and located in not more than two rooms of a residence or its accessory building and without storage of materials or stock of finished products for sale on the premises to the extent that there would be any outside indication of such occupation. HOTEL: Any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. HOSPITAL: An institution for the medical and surgical treatment and care for sick and wounded humans. INDUSTRIAL USES:

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Light Industrial Use - Any manufacturing processing, testing, energy production, storing, assembling, testing and similar uses. Any by-products of noise, smoke, odor, glare, gas, vibration, dust, light generally is contained within a building or does not extend beyond the property lines to have measurable impact upon the surrounding properties. It does not refer to the growing of agricultural crops, or the raising of livestock. Heavy Industrial Use - Any manufacture, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic does extend beyond the confines of the property and may have a detrimental effect on neighboring property JUNK YARD Any area where discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, handled or stored but not including areas where such uses are conducted entirely within a completely enclosed building. KENNEL Any lot or premises on which three (3) or more dogs, at least six (6) months of age are kept LANDSCAPING: Landscaping shall include plant material which includes the use of a mixture of ground covers, shrubs and trees in a variety of one gallon, five gallon and fifteen gallon sizes. Preferences shall be given to the use of drought tolerant, low maintenance native species. Decorative “hard surface” materials such as, but not limited to, volcanic rock, gravel or textured paving or “soft surfaces” such as, but not limited to, redwood bark or wood chips may be utilized to fill up to 40% of the required landscaped area. LOADING SPACE: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. LOT: A parcel of land occupied or designed to be occupied by a building and the accessory buildings or uses customarily incident to it including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a recorded plant.

LOT LINES: The lines bounding a lot as defined herein. LOT WIDTH OF: The mean width measured at right angles to its depth. LOT DEPTH: The horizontal distance between the front and rear hot lines, measured along the median between the two side lot lines. LOT CORNER: A lot situated at the intersection of two (2) or more streets. LOT, REVERSED CORNER: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot to its rear. LOT, INTERIOR: A lot other than a corner lot. MANUFACTURED HOME A structure built since June 15, 1976 that bears the seal of HUD indicating it has met the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD Standards) and is used as a permanent dwelling. Manufactured homes shall be comply with the siting and development standards set forth in Idaho Code section 67-6509A as amended except for the provisions of subsection 4(E), as listed below: (A) Shall be at least twenty-four feet (24') wide, with a minimum floor area of one thousand

(1000) square feet.

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(B) Shall have a metallic, wood shake or asphalt shingle roof with a minimum slope of 3/12

(C) Shall have a horizontal aluminum, simulated wood or wood siding.

(D) Shall have a foundation fascia that is similar in appearance and durability to the masonry foundation of site-built dwellings and which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade.

(E) Shall be permanently affixed and set upon a foundation base having an anchoring system

that is totally concealed under the structure. The running gear and towing hitch shall be removed.

(F) Shall obtain a building permit from the City Building Inspector to insure that the

manufactured home is placed on site to H.U.D. Standards set forth in circular Letter No. 2-83, dated April 8, 1983, or as later amended, published by the Boise Service Office of H.U.D. regulating the perimeter foundation, the anchoring of the structure to its foundation and other building requirements.

(G) Shall meet all other State of Idaho requirements. MANUFACTURED HOME PARK Any area, tract, plot, or site of land, whereupon two (2) or more manufactured homes are placed, located and maintained for dwelling purposes on a permanent or semi-permanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person, firm, trust, partnership, public or private association or corporation holding the land. Any development will conform with Chapter 14. MOBILE HOME A structure that is transportable in one section built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, not to include recreational vehicles. No mobile home may be placed on a single-family lot within the City after the effective date of this ordinance unless it meets the rehabilitation standard as specified in Title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated above. NON-CONFORMING BUILDING: A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was used, designed, erected, or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. NON-CONFORMING USE: A use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which- it is located. OCCUPANCY: Occupancy shall mean that no residential dwelling shall be occupied by more than two adult persons per bedroom. PARKING SPACE, AUTOMOBILE: Space within a building or public parking area for the temporary parking or storage of one (1) automobile. PATIO: Same as carport. PORCH: Porch, a covered entrance to a building. PREMISES: An area of land including a lot, with or without buildings. RECREATIONAL VEHICLE OR TRAVEL TRAILER A vehicular type unit designed as

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temporary dwelling for recreational, camping or travel use which is either self propelled, self-contained, or mounted on or drawn by another vehicle; including all recreational vehicles, camping trailers, truck campers, and motor homes.

RECREATIONAL VEHICLE/TRAVEL TRAILER PARK Rental space for recreational vehicles/travel trailers on a limited basis, generally overnight but normally not longer than six (6) months. This may include motor homes and pickup campers. Any development must conform with Chapter 14. ROOMING HOUSE: See "Boarding House." SERVICE STATION: A building or portion thereof and land used for supplying fuel, oil, and minor accessories for motor vehicles at retail direct to the customer and for making minor emergency repairs. STREET: A public thoroughfare not less then thirty (30) feet in width, which affords principal means of access to abutting property. STREET GRADE: The officially established grade, the existing grade of the street shall be taken as the street grade. STRUCTURE: Any type of construction of which the structural framework is not enclosed. STRUCTURAL ALTERATIONS: Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. THEATER, OUTDOOR DRIVE-IN: An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

USE: The purpose of which land or a building is arranged, designed or intended for which either land or a building may be occupied or maintained. VARIANCE: Variance means a modification of the requirements of this title as to bulk, placement requirements, lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. YARD: An open space on a lot, unoccupied arid unobstructed from the ground upward, except as otherwise provided in this Ordinance YARD, FRONT: A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot. YARD, REAR: A yard extending across the full width of the lot, between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building. YARD, SIDE: A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.

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ZONING DISTRICT: A section of the City for which uniform regulations concerning the height, area, size and the use of buildings and premises within said section are established. 5-1-3: CONFORMANCE AND PERMITS REQUIRED No building or structure shall be hereafter erected, reconstructed, structurally altered, enlarged, or moved; nor shall any building, structure, or land be hereafter used for any use other than is permitted in the district in which such building, structure, or land is located and then only after applying for and securing a permit. 5-1-4: AREA REQUIREMENTS Except as herein provided, no building or structure nor the enlargement of any building or structure, shall be hereafter erected or located on a lot unless such building, structure or enlargement conforms with the area, use and yard regulations of the district in which it is located. Exceptions to Area Requirements 1. The front, rear and side yard requirements shall be waived where dwelling units are erected above stores, shops or other commercial uses, not requiring such yards. 2. No lot area shall at any time be so reduced that the front, rear or side yard shall be smaller than prescribed by this Title. 3. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except as herein provided for accessory building roof-overhang not exceeding thirty (30) inches, unenclosed entrance platforms and the ordinary projection of sills, belt courses, cornices, chimneys and flues. 4. On any corner lot on which a front yard is required by this Title, no wall, fence, or other structure shall be erected, and no hedge, shrub, tree or growth exceeding three (3) feet above the street grade shall be maintained within the triangular area formed by the intersecting property lines and a straight line joining said property line at points which are thirty (30) feet distant from the point of intersection, measured along said street lines. 5. On interior lots, no fence of any kind, projecting from the front building line to the front property line shall exceed a height of three feet (3’) except for unobstructed chain link fencing which shall not exceed four feet (4’) in height. 6. On lots of irregular shape where the yard regulations can be determined but cannot be reasonably complied with, or on lots so located that appropriate improvements cannot be secured through strict adherence to the yard regulations, the yard regulations may be modified by the City Council. 5-1-5 YARDS IN THE CASE OF CORNER LOTS 1. For the "R" Zoning Districts the side yard regulations for corner lots shall be the same as for interior lots, except in the case of a reversed corner lot. In this case, there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot, but such side yards need not exceed fifteen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard line required on the lot in the rear, nor be located nearer than ten (10) feet to the side lot line of such key lot. 2. For the "C" and "I" Zoning Districts and where a reversed corner lot rears upon the side of a lot,

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the side yard on the street side of the reversed corner lot shall be not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot, but such side yard as mentioned need not exceed ten (10) feet in width. No accessory buildings on said reversed corner lot shall project beyond the front yard line required on the lot in the rear, nor shall be located nearer than five (5) feet to the side lot line of such lot.

5-1-6 IMPROVEMENTS 1. Curbing and Sidewalks: Concrete curb and gutter and sidewalk shall be constructed in accordance with City Regulations on all streets bordering on property in all districts. 2. Planting: All areas not occupied by buildings or pavement shall be kept free of weeds. 3. All parking area shall be flood lighted at night during business hours, and all outside lighting shall be so arranged as to prevent any nuisance or inconvenience to neighboring properties. 4. No part of any service station pump island shall be closer than twelve (12) feet to any property line in any district in which a service station is a permitted use and no marquee or canopy above a service station pump island located in a District shall be closer than ten (10) feet to any property line.

5. Drainage: No drainage shall be allowed to pass over sidewalks in any district but shall be contained on the site of any development and allowed to drain into the soil at rates equal to normal saturation rates.

5-1-7 SCREENING Where any lot or parcel located in a commercial or industrial district is used for any use other than residential and such lot or parcel abuts and/or adjoins any lot located in a district, said lot or parcel shall be screened from said residential lot or lots by fencing, masonry walls or other methods to be approved by the City Council. Screening shall be arranged to provide complete obstruction of view and a height of not less than seven (7) feet on the side or end not bounded by a street or alley, and be constructed to reduce noise and to eliminate trash from blowing into said residential lot or lots. The provision of subsections 5-1-4(4) and (5) hereof shall govern where conflicting herewith. 5-1-8 INTERPRETATIONS, ADJUSTMENTS AND VARIANCES A. Interpretations: The City Council have the power and authority to interpret the provisions of this Title in its application to any specific case or situation and the Commission shall interpret the intent of any provision in its application and said interpretation shall be followed in applying the provisions of this Title. 5-1-9 SPECIAL USE PERMITS

(A) Application for Special Use Permit: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

The Commission shall hold a public meeting on a special use permit application as specified in this Section. The Commission may approve, conditionally approve or deny a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this Section.

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(B) Application information: An application for special use permit shall be filed with the City Clerk by either the owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following information:

1. Name, address and phone number of applicant.

2. Legal description of property (with street address).

3. Description of proposed special use.

4. Zoning district.

5. A plan of the proposed site for the special use showing the location of all buildings, parking and loading area, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs, and such other information as the City may require to determine if the proposed special use meets the intent and requirements of this Section and the Comprehensive Plan.

6. A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.

(C) Review of Circumstances by Commission :The Commission shall review the particular

facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: 1. Will, in fact, constitute a special use as established in this Section for the zoning

district involved, in that it is not already defined as a permitted use in the zoned area.

2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance.

3. Will be designed, constructed, operated and maintained 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.

4. Will not be hazardous or disturbing to existing or future neighboring uses. 5. Will be served adequately by essential public facilities and services and/or that

the persons or agen6lias responsible for establishment for the proposed use shall be able to provide adequately for any such services.

6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major Importance.

7. Applies only to the holder of the permit and, does not run with the property.

(D) Conditions, Bonds and Safeguards. In granting any special use, the Commission may prescribe appropriate conditions, bonds and safeguards in conformity with this Section. Violations of such conditions, bonds or safeguards, when made a, part of the terms under which the special use is granted, shall be deemed a violation of this Section.

(E) Public Hearing- Prior to granting a special use permit, at least one public hearing in

which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice of the hearing shall also be provided by the applicant to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the City Council. The applicant shall provide the City Clerk with the signatures of such property

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owners acknowledging that they have received such notice. When notice is required to two hundred (200) or more property owners or residences, in lieu of mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears at least ten (10) days prior to the public hearing.

(F) Fees Paid In Advance: All publications and notices required in this Section shall be paid

for in advance by the applicant requesting the special use permit. (G) Grant or Deny Application: Appeal Council Decision: Within thirty (30) days after the

public hearing, the Commission shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the Commission shall direct the Administrator to issue a special use permit listing the special conditions specified by the Commission for approval after the appeal period has elapsed.

1. Upon granting of a special use permit, conditions may be attached to the special use permit including, but not limited to:

(a) Minimizing adverse impact on other developments. (b) Controlling the sequence and timing of development. (c) Controlling the duration of development. (d) Assuring the development is properly maintained. (e) Designating the exact location and nature of the development. (f) Requiring the provision for on-site or off-site public facilities or services. (g) Requiring more restrictive standards than those generally required in this Section.

2. Prior to granting a special use permit, the Commission may request studies from a special planning staff or other request an engineering study to be done at applicant's expense. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferable from one parcel of land to another. 3. Upon granting or denying an application, the Commission shall specify:

(a) The ordinance and standards used in evaluating the application. (b) The reasons for approval or denial. (c) The actions, if any, that the applicant could take to obtain a permit.

4. The applicant, or any affected person who appeared in person or in writing before the Commission Council may appeal the decision to the City Council. Upon decision of the City Council, such appeal may proceed to the district court as provided in the Idaho Code. 5. Within ten (10) days after a decision has been rendered the City Clerk shall provide the applicant with written notice of the action on the request. (Ord. 357, 8-29-1991)

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5-1-10: MANUFACTURED HOMES AND MOBILE HOMES:

(A) Manufactured Homes:

1. All installers of manufactured homes shall obtain a building permit from the City Building Inspector to ensure that the manufactured home is hereby placed on a site to HUD standards set forth in Circular Letter Number 2-83, dated April 8, 1983, or as later amended, published by the Boise Service Office of HUD regulating the perimeter foundation, the anchoring of the structure to its foundation and other building requirements.

2. The contractor or installers of manufactured homes shall obtain a siting permit

pursuant to Idaho Code section 44-2202. The cost of such permit shall be set by the City by resolution. (Ord. 391, 9-25-1996)

3. Manufactured homes shall be allowed in those zoned areas that allow residential

homes to be built. 4. Mobile Homes: Mobile homes will only be allowed in designated

manufactured/mobile home parks or on a single family lot if meeting the siting standards set forth for manufactured homes and meeting the Rehabilitation Standards as set forth in Idaho Code, Title 44.

CHAPTER 2

DISTRICTS, MAPS 5-2-1 Districts Established 5-2-2 Zoning Map, Boundaries 5-2-3 Zoning Boundary Changes 5-2-1 DISTRICTS ESTABLISHED. The City is hereby divided into the following zoning districts: DISTRICTS SHORT TITLE 1. Residential – Single Family “R-1” 2. Commercial “C” 3. Industrial “I” 4. Agricultural-Residential Low Density (1 acre) “T-2” 5-2-2 The boundaries of the zones provided herein are established and shown on a certain map which is designated “Official zoning map which is on file by ordinances in the office of the City Clerk and said map and all subsequent annexations and all amendments as may be made are hereby declared to be a part of this Ordinance. All zones and boundaries thereon provided are hereby confirmed and all notations, references and other information shown thereon are declared to be a part of this Ordinance. All subsequent changes in boundaries of zones shall be made according to law and by Ordinance and when so made and designated on said map, then said changes shall be effective and by reference shall become a part of this Title

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CHAPTER 3 RESIDENTIAL DISTRICT

SECTION: 5-3-1: Uses 5-3-2: Special Uses 5-3-3 Lot Area 5-3-4 Yards 5-3-5 Off-Street Parking 5-3-1 USES:

Dwellings, providing there shall not be more than one residential building on each lot. Accessory buildings and uses. Publicly funded Schools & Colleges. One Family dwelling structures.

5-3-2: SPECIAL USES: 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 special uses may be permitted in a residential zone:

A. Private kindergarten or daycare or nursery, private schools

B. Nursing or convalescent homes assisted living facilities.

C. Home Occupations in conformance with Chapter 14

D. Planned unit developments.

E. Duplexes, multi-family and manufactured home parks

F. Public utilities and public service uses or structures.

G. Religious institutions including places of worship, schools and convents.

H. Neighborhood commercial uses serving the local residents

I. Other uses deemed similar by the City to the uses above may be considered under a Special Use application.

5-3-3 LOT AREA: (a) The minimum lot per area per dwelling unit shall not be less than six thousand two hundred fifty (6,250) square feet.

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(b) The minimum lot area for uses other than residential shall not be less than nine thousand

(9,000) square feet.

(c) Additional Dwelling Units: The minimum lot area for each additional dwelling unit exceeding a one family dwelling shall not be less than 2,000 square feet per unit and provided there shall not be more than one (1) residential building on each lot. 5-3-4 YARDS: (a) Front Yards: A front yard shall be provided of a depth of not less than twenty (20) feet in occupied areas except where a building exceeds thirty-five feet (35’) in height in which case the front yard shall be increased one foot (1’) in depth for each five feet (5’) the building height exceeds thirty-five feet (35’). (b) Rear Yards: A rear yard shall be provided of a depth of not less than thirty (30) feet, except where a building exceeds thirty-five (35) feet in height, in which case the rear yard shall be increased one (1) in depth for each five (5) feet the building height exceeds thirty-five (35) feet. (c) Side Yards: Side yards for residential uses shall be required. No part of any residence or attachment thereto, shall extend, or be, closer than seven (7) feet from the edge of the side property line. All parts of each residence, including eaves, shall be at least seven feet (7’) from the side property line, measured as if the side property line extended vertically for an indefinite distance. (d) The minimum lot area for uses other than residential shall not be less than 9,000 square feet. 5-3-5 OFF STREET PARKING (a) Each dwelling shall have a driveway of parking space for not less than one two motor vehicle with an approach from the street or alley. (b) All other parking shall be as required by Chapter 10 of this Title.

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CHAPTER 4

Vacant

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CHAPTER 5

Vacant

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CHAPTER 6 COMMERCIAL – C

SECTIONS: 5-6-1 Uses 5-6-2 Special Uses 5-6-3 Lot Areas 5-6-4 Yards 5-6-5 Off-Street Parking 5-6-1 USES (1) Amusement enterprises, if conducted wholly within a completely enclosed building. (2) Apartment hotels (3) Automobile or trailer sales area provided that any incidental repair of automobiles. vehicles or trailers shall be conducted wholly within a completely enclosed building. (4) Automobile service stations (5) Baked goods shop (6) Bank (7) Beauty Shop or Barber Shop (8) Blueprinting or Photostatting (9) Book or stationery store (10) Business colleges (11) Business & Professional Offices (12) Clothes cleaning agency, laundry agency, pressing establishment or launderette, self-service dry-cleaning. (13) Dressmaking or millinery shops (14) Drive-in Establishments (l5) Dry goods or notion shop (16) Florist or gift shop (17) Frozen food lockers (18) Grocery, fruit, vegetable, meat or delicatessen store. (19) Hardware, furniture or electrical appliance store. (20) Hospitals and sanatoriums (21) Hotels, motels, tourist courts, duplex and multiplex. (22) Mortuaries (23) Nursery schools and kindergarten. (24) Package liquor store (25) Photographic shop or studio (26) Plant nurseries (27) Private or public schools and colleges for academic instruction. (28) Publishing & printing shop. (29) Public garages (30) Plumbing, electrical & paint stores for retail sales only. (31) Retail lumber yard (32) Residential use if it is an existing home (33) Restaurant & bars (34) Shoe or shoe repair shops (35) Studios, except motion picture (36) Tailor, clothing or wearing apparel stores (37) Accessory uses when located on the same lot, provided that no retail store or business shall involve any treatment of products other than that which is clearly incidental and essential to such retail store or business and where all such products are offered for sale at retail on the premises.

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Other uses deemed similar by the City to the uses above may be considered. 5-6-2 SPECIAL USES 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 special uses may be permitted in the C zone:

1) Airports, heliports or other aircraft landing fields. 2) Auditoriums, stadiums, arenas and similar uses. 3) Cemeteries, mausoleums, and crematories. 4) Parks, playgrounds, community centers and other recreational uses operated by

other than a governmental agency. 5) Planned unit developments. 6) Recreational vehicle parks. 7) Religious institutions including places of worship, schools and convents. 8) Research and development centers for experimental or scientific investigation

of materials, methods or products. 9) Residential units in connection with a commercial development 10) Bus and railroad stations. 11) Bars and taverns

Other uses deemed similar by the City to the uses above may be considered under a Special Use application. 5-6-3 LOT AREAS (a) Residential Uses: The minimum lot area for residential uses within this district shall not be less than the total square feet of area required for front, rear and side yards, off-street parking space and first floor area of the building, provided that no lot area shall be less than 6,250 square feet. (b) Other Uses: No requirements for uses other than residential. 5-6-4 YARDS (a) Front Yards: Front yards for residential uses shall be provided of a depth of not less than twenty (20) feet except where a building exceeds thirty-five (35) feet in height, in which case the front yard shall be increased one (1) foot in depth for each five (5) feet that the building exceeds thirty-five (35) feet. (b) Rear Yards: Rear yards for residential uses shall be provided of a depth of not less than twenty-five (25) feet, except where a building exceeds thirty-five (35) feet in height, in which case the rear yard shall be increased one (1) foot in depth for each five (5) feet the building height exceeds thirty-five (35) feet. (c) Side Yards: Side yards for residential uses shall be required. Side yards for residential uses shall be required. No part of any residence or attachment thereto, shall extend, or be, closer than seven (7) feet from the edge of the side property line. All parts of each residence, including eaves, shall be at least seven feet (7’) from the side property line, measured as if the side property line extended vertically for an indefinite distance.

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(d) Detached accessory buildings for residential uses: Detached accessory buildings may be con-structed on the rear yard area providing that no accessory building shall be located closer than three (3) feet to any side or rear lot line nor closer than ten (10) feet to the rearmost wall of the main building. If attached to the main building or located at a lesser distance than ten (10) feet from the rear-most wall of the main building, side yards as required for the main building will be required for the accessory buildings. (e) Other Uses: No requirements for uses other than residential. 5-6-6 OFF STREET PARKING Off-street parking shall be as required by Chapter 10. Off-street loading and unloading spaces shall be as required by Chapter 10.

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CHAPTER 7 INDUSTRIAL DISTRICT - I

SECTIONS: 5-7-1 Uses 5-7-2 Special Uses 5-7-3 Yards 5-7-4 Off-Street Parking 5-7-5Buffering 5-7-1 USES Any use permitted in Districts R and C however only those residential uses necessitated by the housing of a caretaker of watchman unless delineated below. (a) Any use considered light industrial not including those uses which are or may become obnoxious or offensive by reason of the emission of odor, dust, smoke, noise, gas, fumes, cinders, vibrations, refuse matter or water carries waste as determined by the City Council. (b) Automobile parking space required for dwellings and for buildings other than dwelling, as required in Section 5 of this Title (c) Residential use if it is an existing home 5-7-2 SPECIAL USES 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 special uses may be permitted in the I zones:

A. Airports, heliports or other aircraft landing fields. B. Planned unit developments of an industrial nature

C. Industrial or business parks

D. Public utilities and public service uses or structures.

E. Recreational vehicle parks.

F. Research and development centers for experimental or scientific investigation of materials,

methods or products.

G. Security residence for watchman or guard or for other operational needs

H. Heavy industrial uses

I. Other uses deemed similar by the City to the uses above may be considered under a Special Use application.

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5-7-3 YARDS (a) Front Yards: Front yards shall be provided of a depth of not less than twenty (20) feet except where a building exceeds thirty-five (35) feet in height, in which case the front yard shall be increased one (1) foot in depth for each five (5) feet that the building exceeds thirty-five (35) feet. (b) Rear Yards: Rear yards shall be provided of a depth of not less than thirty (30) feet, except where a building exceeds thirty-five (35) feet in height, in which case the rear yard shall be increased one (1) foot in depth for each five (5) feet the building height exceeds thirty-five (35) feet. (c) Side Yards: Side yards for residential uses shall be required. For each seven (7) feet of building height, there shall be provided one (1) foot of side yard on each side of the main building, provided that no side yard shall be less than five (5) feet. (d) Detached accessory buildings for residential: Detached accessory buildings may be con-structed on the rear yard area providing that no accessory building shall be located closer than three (3) feet to any side or rear lot line nor closer than ten (10) feet to the rearmost wall of the main building. If attached to the main building or located at a lesser distance than ten (10) feet from the rearmost wall of the main building, side yards as required for the main building will be required for the accessory buildings. (e) Other Uses: No requirements for uses other than residential. 5-7-4 OFF STREET PARKING Off-street parking shall be as required by Chapter 10. Off-street loading and unloading spaces shall be as required by Chapter 10. 5-7-5 BUFFERING: New development in the industrial zone shall be buffered by landscaping, at the property line, from any public street or adjacent differing land use, unless other wise required through landscaping of a parking lot.

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CHAPTER 8

Vacant

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CHAPTER 9 AGRICULATURAL-LOW DENSITY DISTRICT – T2

SECTION: 5-9-1 Uses 5-9-2 Special Uses 5-9-3 Lot Area 5-9-4 Yards 5-9-5 Off-Street Parking 5-9-1 USES

a. Agriculture b. Roadside Stands (Seasonal) c. Dwelling, Single Family d. Home Occupation e. Advertising Sign And Structures f. Church g. Gift Shop h. Nursery for flowers and plants

5-9-2 SPECIAL USES 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 special uses may be permitted in the T2 zone:

Amusement Center-Indoors Asphalt plant Auto Repair Auto Sales, Service, Storage, Rental Automotive wrecking yard Bakery or Bakery Goods Store Bank-Saving-Loans Barber-Beauty Shop Beverage bottling plant Billboard manufacturing Boat building Boat Mooring Bowling Alley Building Supply Outlet/Lumber Yard Business College-Trade School Cabinet Shop Campground Car wash Cemetery Chemical storage and Mfg Cleaning, commercial dry-cleaning Cleaning, Laundromat Clinic, outpatient Club building Dairy products processing

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Dance, music, or voice studio Day care center Drive-in restaurant, Drive-in theatre Drug store Dwelling, Multi-Family Dwelling, Rooming House Dwelling, Two-Family Equipment rental-sales yard Fairgrounds Farm heavy equipment, sales and services Florist Food processing plant Food stand Food stores-delicatessen Frozen food locker Fuel yard Furniture refinishing Furniture shop Golf Course Grain storage Hospitals Hotels Institutional Residential Junk yard Kennels Labor Camp Laboratory-medical-dental-optical Laundry, commercial Machine shop Manufactures Home court Manufacturing, Extractive Manufacturing, Homes Meat Packing Plant Monument Works-Stone Planing mill Public service facility Railroad yard and shop Recycling plant Rendering plant Terminal yard –trucking Truck and tractor repair Warehousing-wholesaling Wood processing plant Temporary use Archery range indoor Campground Mortuary Motel Nursing home Office, medical professional Parking, lot, garage or facility Photographic studio

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Printing, blue printing Race tracks, motor vehicles/animals Recreational Vehicle Park Recreational Vehicle sales yards

Reducing salon-masseur Restaurant- bar Retail Store-Services Rodeo Arena Schools Academic Service station Shop for building, construction Swimming Pool, Public Tennis court, public Temporary use Tire shop, including recapping Trailer, manufactured home Trap Club Used car sales Veterinary clinic Wholesale stores distributor Other uses deemed similar by the City to the uses above may be considered under a Special Use application.

5-9-3 LOT AREAS

A. Front Yards: A front yard shall be provided of a depth of not less than fifty feet (50’) from a public road right-of-way.

B. Rear Yards: Not less than fifty feet (50’) from a public road right-of-way.

C. Side Yards: A side yard shall be provided of a depth of not less than five feet (5’) and not less than fifty (50) feet from a public road right-of-way

D. Detached accessory building for farm or residential uses: a front and side yard shall be provided of a depth of not less than thirty feet (30’) from a public road right-of-way.

5-9-4 OFF-STREET PARKING:

a. Each farm or dwelling unit shall provide adequate off-street parking for all necessary farm and private vehicles and equipment.

b. All other parking shall be as required in Chapter 10 of this Title.

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CHAPTER 10

OFF-STREET PARKING SECTION: 5-10-1 Off-Street Parking 5-10-1 OFF STREET PARKING A. Minimum Requirement: There shall be provided at the time of the erection of any main building or structure, or at the time any main building or structure is enlarged or increased in capacity, or whenever there is a change in the use of the structure or building, a minimum off-street parking space of nine (9) feet by twenty (20) feet with adequate provisions for ingress and egress by standard size automobiles as follows: Type of Use Minimum Number of Off-

Street Parking for Employees Minimum Number of Off-Street Parking Spaces for Customers

Grocery Stores, Drug Stores and Bakers, Others not defined.

1 for each 2 employees 4 sq. ft. of parking lot area for each sq. foot of building area.

Barber and Beauty Shops 1 for each employee 2 for each chair Pickup Stations 1 for each employee 2 spaces Collection Offices 1 for each employee 2 spaces Gift and Flower Shops 1 for each employee 1 for each 125 sq. ft. of sales area Professional Offices 1 for each employee 2 for each professional person

located in the building Real Estate Offices 1 for each employee 2 for each professional person

located in the building Restaurants 1 for each employee 1 for each 4 seats or 30 inches of

seating capacity Plant Nurseries where goods are sold on the premises

1 for each employee 10 spaces

Plant Nurseries where goods are not sold on the premises

1 for each employee 2 spaces

Mortuaries 1 space for each 4 seats or each 80 inches of benches in the chapel or auditorium, plus 1 space for each employee resident on the premises, plus 1 space for each 2 employees not resident on the premises.

Each Business in Districts R, C, and I

Shall have a minimum of 1 off-street space

Single family dwellings 1 2 spaces Two family dwellings 4 2 spaces Three family dwellings 6 3 spaces Four family dwellings 8 4 spaces`

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More than four family dwellings

Not less than 60% of the number of dwelling units, but in no case less than 8 5 spaces

Motel & Tourist courts 1 space for each rental unit Hotels Not less than the number of

spaces equaling 60% of the number of rooms to be occupied by tenants or guests.

Lodge Halls, Club Houses and institutions for philanthropic and eleemosynary purposes

Not less than 50 20% of the total membership

Churches 1 space for each 4 seats or each 80 inches of benches, plus 1 space for each church official resident on the premises, plus spaces equal in number to 50% of the number of employees.

Public Entertainment Establishments and Community Service Uses

Parking requirements shall be established by the Board of Commissioners upon approval of a Building Permit.

Industrial A minimum of one (1) off-street parking space for each two (2) employees.

B. Each Commercial use in any district shall provide an adequate off-street loading and unloading space.

C. LANDSCAPING: A landscaping plan is required for all parking lots located in commercial or industrial zones. Such plan must be submitted at the time of the development application. D. DRAINAGE: Drainage shall be provided for on-site. Drainage improvements shall be constructed in accordance with standard city specifications. In addition, such improvements shall meet the best management practices accepted by the State of Idaho.

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CHAPTER 11 NON-CONFORMING USES

SECTION: 5-11-1 Non-Conforming Uses 5-11-2 Extension of Non-Conforming Use 5-11-1 NONCONFORMING USE : The lawful use of any building, structure or land existing at the time of the enactment of this Title may be continued, although such use does not conform with the provisions of this Title, provided the following conditions are met: 1. Unsafe Structures: Nothing in this Title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority. 2. Alterations: A nonconforming building or structure may be altered, improved or reconstructed, provided such work is not to an extent exceeding in aggregate cost of one hundred percent (100%) of the assessed value of the buildings or structure in any five (5) year period, unless the building or structure is changed to a conforming use. 3. Extension: A nonconforming use shall not be extended but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this Title shall not be deemed the extension of such nonconforming use. 4. Changes: No nonconforming building, structure or use shall be change to another nonconforming use. 5. Restoration: Nothing in this Title shall prevent the reconstruction, repairing, rebuilding and continued use of any non-conforming building or structure damaged by fire, collapse, explosion or act of God, subsequent to the date of this Title, wherein the expense of such work does not exceed one hundred percent (100%) of the replacement value of the building or structure at the time such damage occurred.

6. Wear and Tear: Nothing in this Title shall prevent the reconstruction, repairing or rebuilding of a nonconforming structure or part thereof existing at the effective date of this Title, rendered necessary by wear and tear, deterioration or depreciation. 7. Abandonment: A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned after one year except as provided in Section 5-11-2. a. When the intent of the owner to discontinue the use is apparent, or

b. When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months, unless other facts show intention to resume the nonconforming use, or

c. When it has been replaced by a conforming use, or d. When it has been changed to another use under permit from the Board of Adjustment.

8. Displacement: No nonconforming use shall be extended to displace a conforming use. 9. Unlawful Use Not Authorized: Nothing in this Title shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this Title. 10. District Changes: Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply

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to any nonconforming uses existing therein. 5-11-3 CONTINUATION OF A NON-CONFORMING USE

A. If the non-conforming use is discontinued for a period of one (1) year or longer, the city shall, by written request, require that the owner declare his intention with respect to the continued nonuse of the improvements in writing within twenty-eight (28) days of receipt of the request. If the owner elects to continue the nonuse, he shall notify the city in writing of his intention and shall post the property with notice of his intent to continue the nonuse of the improvements. He shall also publish notice of his intent to continue the nonuse in a newspaper of general circulation in the county where the property is located. If the property owner complies with the requirements of this subsection, his right to use such improvements in the future for their designed purpose shall continue for a period of ten years, notwithstanding any change in the zoning of the property. B. The property owner may voluntarily elect to withdraw the use by filing with the clerk of the city or the county, as the case may be, an affidavit of withdrawn use. If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property.

C. For purposes of this section "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.

The provisions of this section shall not be construed to prohibit a city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare.

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CHAPTER 12 SIGN REGULATIONS

SECTIONS: 5-12-1 Purpose 5-12-2 Definitions 5-12-3 Application for Sign 5-12-4 General Requirements for Advertising signs 5-12-5 Special Restrictions on Signs by Zone 5-12-6 Sign Setbacks 5-12-7 Street Trees 5-12-8 Non-conforming Signs 5-12-9 Violations 5-12-1 PURPOSE

The purpose of this Section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor and advertising signs and outdoor signs or all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, curb the deterioration of the natural environment and enhance community development. 5-12-2 DEFINITIONS "Adjacent Property" means real property sharing one common boundary with another parcel of real property. Public roads separating parcels of real property shall be disregarded in determining whether property is "adjacent property". "Advertising Display" means any device, contrivance, object or structure other than a sign used to attract attention. "Advertising Device' means any floating, billowing, turning, oscillating device, any colored, shiny, reflective material, or any light or other contrivance except a sign used to attract attention. "Area of Sign" means any back area, where defined, of a sign. Contrasting supports are not included. Painted signs on al wall will be measured from the edge of the background color, if used, or the area enclosed by straight lines where no background is defined. "Awning" means any shelter of decorative dimensional shape extending from the exterior surface of the building, constructed as a supporting framework, covered with non-rigid materials. "Awning Sign" means letters, numbers or logos applied to any awning. "Building Sign" means any sign attached directly to a building. "Canopy Sign" means a sign not attached directly to a building, but attached by means of separate structure to a building. "Eave Line" means the bottom of the overhang, or the bottom of a mansard roof

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"Free standing Sign" means a sign not attached to any building, directly or by means of a separate structure. "Height" means the distance between the top of a sign and the surface of the nearest adjacent public road. "Political Sign" means any sign dealing with a candidate for elected office or an issue that will be presented to the public on a lawful election ballot. "Projecting Sign" means any sign, which is attached to a building and has a surface, which extends more than one foot away from the exterior of a building. "Name Plate" means a sign naming the occupant, the occupant's occupation, and the address. “Property Owner” means the owner of the real property upon which a sign is located. "Realty Sign" means a temporary sip advertising the sale, lease, of rent of property upon which it is located, and the identification of the company and/or person handling the transaction; It includes “For Sale By Owner" signs. "Roads" means a public thoroughfare; multiple road frontages require two different streets with a frontage of at least 50 feet each on each road. "Sign" means a visual device of writing or images installed for the purpose of attracting of informing people. A sign shall not mean letters six inches or less in height on windows or glass doors, nor shall it include manufactured letters indicating the name or nature of the business applied to the surface of a building in which the business is being conducted. "Single-face Sign" means a sign attached parallel to a building wall, projecting no more than eighteen (18) inches from the building wall and having writing or images only on the one surface of the sign facing away from the building wall. "Special Event" means sales, sale promotions, community events, holidays, and similar functions. “Street Tree” means any tree, the trunk of which is located in any portion of the right of way of any public road or street within the City of Wendell. 5-12-3 APPLICATION FOR SIGN Every person proposing to erect a sign owned or leased by them shall make application to the city of Wendell Building Department for a sign permit. The application shall state the size and weight of the sign, the distance it is to project from a building and the details of its supports providing attachment to a building or the ground. The Building Official shall issue a permit for the sign and it shall be unlawful to erect or place a sign without such a permit. Political signs must be removed within ten (10) days after the election to which they pertain. A non-refundable fee to be set by resolution of the City Council shall accompany every application for a sign. 5-12-4 GENERAL REQUIREMENTS FOR ADVERTISING SIGNS

A. Any illuminated advertising device or advertising display shall emit a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. In no event shall such an illuminated sign or device be placed or directed to permit the beams and illumination there from to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises to cause glare or reflection

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that may constitute a traffic hazard or nuisance. B. No sign shall employ any parts or elements, which revolve, rotate, whirl, spin or

otherwise make use of motion to attract attention. Provided, however Subsections A and B of this Section shall not apply to any sign which conveys messages by moving letters or numbers, produced by electronic means. Any such sign may be allowed by special use permit, utilizing the procedures for a special use permit set forth in Title 5-1-9 of the Wendell City Code. In no case shall the message area of any such sign for which a special use permit is issued exceed a total of sixty (60) square feet.

C. No sign of any classification shall be installed, erected or attached in any form, shape or

manner to a fire escape or any door or window giving accesses to any fire escape. D. All signs shall be secured in such a fashion as prevent unsafe movement or vibration in

conformance with most recent edition of the Uniform Building Code adopted by the City. E. No sign shall be placed in any public right of way except publicly owned signs. Signs

directing and guiding traffic or containing traffic markings located on private property but bearing no advertising matter shall be permitted.

F. No sign shall be above the top roofline of the building on which it is placed. G. The electrical features of any sign and the installation thereof shall have been inspected

By the State of Idaho Electrical Inspector and evidence of the permit provided to the City of Wendell Building Official prior to the operation of the sign.

H. For Industrial and Commercial properties of a depth of more than 200', one and one-half

(1- 1/2) square foot of total sign area per lineal foot of street frontage will be allowed by Special Use Permit. More than two (2) freestanding signs per road frontage may be allowed by special use permit as long as there is a minimum distance of 100 feet between signs.

I. The maximum height of any freestanding sign, except for signs located in the Interstate Overlay, Area Business, or Manufacturing Zone shall be 35 feet. J. Building signs are allowed on each building face not to exceed three square feet per lineal

foot of building width.

5-12-5 SPECIAL RESTRICTIONS FOR SIGNS BY ZONES. A. R Zones. No signs shall be permitted in the R zones, except for political signs and one

realty sign, which sign must be located on the property which is for sale, lease or rental and which may not exceed a total of six square feet in area.

B. R Zone. Apartment, Condominiums, Townhouses, Churches, Nursing Homes, and Public

Buildings may have one sign facing each adjoining street. Signs shall be limited to 32 square feet and unless mounted on a building and shall be limited to a maximum of six feet in height. Signs must be at least 15 feet from any adjacent property.

C Industrial

1. Each property may have one free standing sign facing each adjacent road of not

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over 200 square feet and not over 35 feet in height. Freestanding signs must be at least ten feet from any adjacent property.

2. Each property may have one single-faced building sign facing each adjacent

street frontage. The area of the building sign may not exceed three square feet per lineal foot of the side of the building facing the street frontage.

3. Projecting signs are permitted only in this zoning district. Each building may

have one projecting sign for each adjacent street. Signs are limited to 8 square feet and may not project more than four feet from the building nor closer than 2' from the curb. The bottom of any projecting sign must be at least 8 feet above the ground. Projecting signs, which are used in historical restorations, may exceed these standards by special use permit.

5-12-6 SIGN SETBACKS Freestanding signs must meet all setbacks for structures required in each zoning district. Provided, however, that a realty sign or sign or bulletin board allowed to a place of worship, library, social club or fraternal society, shall be set back a minimum distance of ten (10) feet from the boundaries of any established public right of way or alley. 5-12-7 STREET TREES In order to provide for business identification while also providing the public benefits of street trees, the design and placement of a freestanding sign shall consider the siting of existing or approved street trees, and shall comply with the allowed and proper pruning techniques of the City Mayor. Sign height may not be limited existing or street trees, nor shall street trees be illegally topped or pruned in order to improve the visibility of a sign. In cases where a property owner desires to maximize the visibility of its sip, and where a prior approval has been issued by the city for a tree type and location, then these trees may be removed or replaced on site, provided that an equal or greater amount of, or potential for, a street tree is provided. Such proposed changes shall include a review and recommendation by the city Mayor. 5-12-8 NONCONFORMING SIGNS Whenever a business, person, enterprise or institution for which existing signage does not conform to the requirements of this section, seeks to structurally alter of enlarge an existing sign, or erect or install a new sign, the provisions of this section shall apply as follows:

1. The alteration, enlargement installation or erection of signage shall not increase the degree of nonconformity.

2. If the value of structural alterations to a nonconforming sign equals or exceeds 25

percent of the value of the sign, as determined by the building official, the sign shall be made to conform to all provisions of this section.

3. Enlargement, installation or erection of conforming signage shall be accompanied by a reduction in the degree of nonconformity for other signage existing on the premises. This reduction in nonconformity can be accomplished by a reduction in size, removal, relocation, or a combination of reduction, removal and relocation. The total cost of reduction, removal or relocation of nonconforming signage shall equal, as nearly as is practical, 75 percent of the value of the new or enlarges conforming signage, or the cost necessary to bring all signage on the premises into conformance with this section, whichever is the lesser requirement.

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4. The provisions of Items 2 & 3 of this section do not apply to temporary signs or to illegal signs. Temporary signs that do not comply with the requirements of this Title shall be removed within 90 days after notification of the sign's nonconformity.

5-12-9 VIOLATIONS

Should any sign not be applied for or installed, erected, constructed, maintained or removed in violation of any of the terms of this chapter, the Building Official of the City of Wendell shall notify, in writing, the owner or lessee of such sign to apply for, alter maintain or remove the sign. If the owner or lessee of any such sign fails to apply for, alter, maintain or remove the sign in accordance with the notice to the Building Official within ten days of the receipt of the written notice, the failure to comply with such notice shall be deemed a misdemeanor.

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CHAPTER 13

SUPPLEMENTARY REGULATIONS SECTION: 5-13-1: Regulations 5-13-1: REGULATIONS : The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the district use and area regulations appearing elsewhere in this Title:

A. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, projecting into a rear yard not more than five feet (5’) are permitted.

B. Each part of a required yard shall be open to the sky, unobstructed by other buildings or

structures; however, a stoop may extend not more than eight four feet (8’) into the required front yard. A paved terrace may project into a front yard for a distance not exceeding ten feet (10’). Only the front wall of the building shall support such stoop or terrace.

C. All single-family dwellings converted to multiple-family dwellings must conform to the

following:

1. No existing single-family dwelling may be so converted if it contains less than one thousand (1,000) square feet of livable floor area per individual household.

2. No dwelling unit shall contain less than five hundred (500) square feet of livable floor area per individual household.

D. Where a uniform setback line has been established or observed on one side of a street, no

building shall be erected or structurally altered beyond such setback line. E. Front Yard, Exceptions: In areas where some lots are developed with a front yard that is less

than the minimum required for the district by this Title or where some lots have been developed with a front yard greater than required by this Title, the following rule shall apply: any new building or addition in front thereof shall not be closer to the street right of way than the average of the front yard of the first building on each side within a distance of two hundred feet (200’) measured from building to building, except as follows:

1. Buildings located entirely on the rear half of a lot shall not be counted. 2. If no building exists on one side of a lot within two hundred feet (200’) of the lot in

question, the minimum front yard shall be the same as the building on the other side.

F. Through Lots: At each end of a through lot, there shall be a front yard of depth required by this Title for the district in which each street frontage is located, with the following exceptions: 1. Only one front yard need be provided on those through lots which abut on an expressway

or major arterial as shown on the circulation element of the General Plan or when the rights to vehicular ingress and egress to one of the streets has been abandoned or prohibited.

2. When only one front yard is required on a through lot as provided herein, a rear yard shall replace the normally required second front yard.

G. Structures Permitted Above Height Limit: The building height limitations of this Title shall

be modified as follows:

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1. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, bell towers, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio or television towers or necessary mechanical appurtenances may be erected to a height above that allowed in the district in which they are located, if approved the Council.

2. Public, semi-public or public service buildings, hospitals, sanitariums, schools or churches when permitted in a district may be erected to a height exceeding the height allowed in the district where they are located if approved by the Council.

I. Temporary Buildings - Temporary buildings, construction trailers, equipment and materials

used in conjunction with construction work may only be permitted for a period on one year through the application and approval of a special use permit.

J. Parking and Storage of Certain Vehicles –Not more than two (2) inoperable and

unregistered vehicles of any kind or type, excluding farm implements, shall be parked or stored on any agricultural or residential property other than in a completely enclosed building or carport, behind a sight obscuring enclosure or fence or a legally licensed junk yard.

K. Animal Clinic, Animal Hospital, Veterinary Office and Kennel - Will be located at least

three hundred (300) feet from any residence including motels and hotels, except for an owner's residence. The City may modify these requirements if the animals are housed in soundproof structures that screen them from view of the abutting residential property.

L. Meat Packing, Processing Plant and Slaughterhouse Facilities -

1. Will be located not less than one thousand (1000) feet from any residence, except for an

owner's residence.

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 noise.

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 control.

M. Bulk Storage of Flammable Liquids and Gases or Corrosive Materials, Above Ground

and For Resale. -

1. Will be located at least three hundred (300) feet from a residence, motel, or hotel, except for an owner's residence.

2. Will be erected with the written approval of the Fire Authority having jurisdiction.

3. Will have suitable loading and unloading spaces and off-street parking facilities meeting

the approval of the Fire Authority. N. Chemicals, Pesticide and Fertilizer Storage and Manufacturing - Will have adequate fire

protection, storage area, handling and disposal as approved in writing by the Fire Authority having jurisdiction.

O. Contractors Yard -

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1. Will be located a minimum distance of the three hundred (300) feet from any residence

except for an owner's residence.

2. Will have a vision-screening fence around areas utilized for storage equipment and demolition material.

P. Drive-In Restaurant-

1. Will be enclosed within the property lines with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.

2. Will have a six (6) foot high sight-obscuring fence along the property lines that adjoin a

residence.

3. Will provide for adequate trash receptacles; and

4. Will avoid the direction of night lighting off the property lines. Q. Filling, Grading, Lagooning, Dredging, or Other Earth Moving Activities -

1. Will take place in such a manner as to result in the smallest amount of bare ground exposed for the shortest time feasible.

2. Will provide temporary ground cover, such as mulch.

3. Will use diversions, silting basins, terraces and other methods to trap sediment.

4. Will provide lagooning in such a manner as to avoid creation of fish trap conditions.

5. Will not result in damage to a floodway, channel or natural drainage way.

6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial water courses to prevent erosion or soil failure.

7. Will not have below grade excavation except for drainage ways within fifty (50) feet of

any lot line or public right-of-way.

8. Will restore topsoil or loam to a depth of not less than four (4) inches. R. Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of

Commercial Value -

1. A valid permit and license to develop shall be obtained from the proper state and federal agencies and a copy of an approved Reclamation Plan shall be filed with the City and all other appropriate agencies.

2. The extent and method of rehabilitation shall be determined in advance of issuing a

special use permit with due consideration given to what is suitable and compatible with the surrounding area.

3. Upon depletion of the area, all temporary buildings and structures except property line

fences and structures for the loading, measuring or weighing of saleable material in

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storage, shall be entirely removed from the property.

4. Safety fencing shall be erected around all pits that create a safety hazard. S. Home Occupations -

1. No more than one (1) person other than members of the family residing on the premises shall be engaged in such occupation.

2. 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 the floor area of the dwelling unit shall be used in the conducting of the home occupation.

3. 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 (1) sign, not exceeding twelve (12) square feet in area, indirectly illuminated and mounted flat against the wall of the principal building.

4. 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 ordinance, and shall not be located in a required front yard.

5. No equipment or process shall be used in such home occupation which create 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.

T. 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.

2. Will not be located in any front yard setback area.

U. Wrecking Yard and Junk Yard -

1. A sight obscuring enclosure meeting the terms of this ordinance shall be constructed parallel to and ten (10) feet back of the right-if-way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard, and shall be constructed within one (1) year from the effective date of this ordinance.

2. Materials used and details of construction must be approved by the Planning

Commission. The decision of the Planning Commission shall be guided by the need to preserve and protect the scenic and aesthetic values of the surrounding area, and to protect property value.

3. Will not store automobile, junk or salvage material that is visible from any other

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property.

4. Will not store automobiles or junk in a manner that exceeds the height of fence.

5. Will have such landscaping that is appropriate with the surrounding area.

V. Landfill, Incinerators, Compost Operators, and other Solid Waste Disposal Facilities - The Planning Commission may grant a special use permit for the construction of a landfill, recycling center, incinerator, commercial composting operation, liquid waste land farm, or any other type of solid waste disposal or recycling operation subject to the following conditions:

1. No such permit shall be granted in the residential zones.

2. Such operations shall obtain a permit from the City Council;.

3. Such operations shall be required to establish to the Council's satisfaction that they intend to and are financially capable of complying with all State, Federal, and local laws, ordinances, and regulations governing the conduct of such operations.

4. Such operations shall be required to plan for, install and maintain such safeguards and

measures as the Council shall require to insure that ground water quality and air quality, are preserved and environmental hazards and nuisance and unsightly areas are not created by the operation.

5. Such operations that involve the landfilling of solid waste shall be required to

install a composite liner system and a lechate collection system.

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CHAPTER 14 MANUFACTURED HOME PARKS/RECREATIONAL VEHICLE PARKS

Sections: 5-14-1 Manufactured Home Parks 5-18-1 Recreational Vehicle Parks 5-14-1 Manufactured Home Parks: Parks shall be allowed by special use permit, but only when such parks

are constructed and maintained in accordance with the following standards and conditions. A. Development of a manufactured/mobile home park shall require application to the Planning

Commission for a permit. The application for said permit shall be accompanied by twelve (12) copies of the plot plan of the proposed park. All mapped data for the same plot plan shall be drawn at the same standard engineering scale of one inch (1”), representing one hundred (100) feet. The plot plan shall contain all of the following information:

1. The full name and address of the applicant (s), as well as the name and address of the

individual or company by whom the plan was prepared; 2. Location and legal description of the tract of land certified by an Idaho Registered Land

Surveyor; 3. Name of the manufactured/mobile home park; 4. Vicinity map, showing the relationship of the manufactured/mobile home park to adjacent

properties; 5. Location and width of access ways; 6. Street layout, including location, width and proposed names; 7. Location and width of walkways, alleys, crosswalks and easements; 8. Proposed and existing facilities in the park for water supply, sewage, garbage and waste

disposal, fire protection; 9. Building plans and specifications for existing buildings and facilities shall be included in the

plot plan; 10. Location and type of landscaping plantings, fences, walls or other forms of landscaping; 11. Enlarged plot plan of typical manufactured/mobile home space, showing location of the

land, patio, storage space, parking, sidewalk, utility connections and landscaping; 12. Further information required: a. The date on which such plot plans were prepared; b. An arrow indicating north; c. All manufactured/mobile home sites shall be properly indicated by location and size and

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numbered on the plot plans; d. Complete information regarding storm sewers and storm water; e. Contour lines at five (5) foot intervals; f. Grades of driveways; and, g. Such other information as required as a result of the preplan conference or by the Planning

Commission. B. Manufactured/Mobile Home Site Requirements. Each manufactured/mobile home site shall

be plainly marked and numbered for identification. C. Manufactured/Mobile Home Site Area. A maximum density of twelve (12) units per acre.

Minimum lot size for units of less than sixty-one (61) feet, or more, in length, a minimum of forty-five hundred (4,500) square feet shall be required.

D. Site Width. Each manufactured/mobile home site shall have a minimum width of not less than forty-five (45) feet.

E. Occupancy. Not more than one single-family manufactured/mobile home shall be placed on a manufactured/mobile home site.

F. Site Arrangement. Manufactured/Mobile home sites shall be arranged in such a way that promotes the clustering of individual sites or provides for the angle arrangement of lots.

G. Setback Public Streets. All structures and manufactured/mobile homes shall be setback thirty feet (30’) from any public street right-of-way.

H. Yard Requirements. No manufactured/mobile home shall be located closer than thirty feet (30’) to another manufactured/mobile home, building, or structure. In addition, any manufactured/mobile home, building, or structure or part thereof shall conform to the following minimum requirements:

1. Front Yard - In no case shall a front yard of not less than ten feet (10’).

2. Side Yard - located on a corner of a manufactured/mobile home park street in which case a side yard of not less than fifteen feet (15’) shall be required.

3. Rear Yard - Section 3-509. shall be adhered to or a manufactured/mobile home park street,

in which case the site shall have a rear yard of not less than ten feet (10’).

I. Projection into Required Yard. The following structures may be erected or projected into

any required yard: 1. Eaves, stairways, and awnings not to extend ten feet (10’); 2. Manufactured/Mobile home hitches;

3. Necessary appurtenances for utility services; and

4. Driveways and access ways to parking facility.

J. Individual storage sheds or parking structures shall be permitted on individual

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manufactured/mobile home sites, provided required setbacks are met.

K. Manufactured/Mobile Home Site Coverage. The manufactured/mobile home and accessory structures shall not cover more than 75 percent of the area of the manufactured/mobile home site.

L. Skirting. Skirting shall be provided along all sides of the manufactured/mobile home. M. Parking and Loading Requirements. 1. Off street parking - Each manufactured/mobile home site shall have thereon a space suitable

for providing automobile parking for at least two automobiles, which space shall be either paved, graveled, or covered with other suitable aggregate and with a stable base.

2. There shall be no permanent or overnight parking of motor vehicles, trailers, boats, campers

or other conveyances on streets within such manufactured/mobile home park. No wrecked, junked or inoperative automobiles shall be parked other than in a designated screened common storage area within such manufactured/mobile home park.

3. Recreation and service areas shall have sufficient off-street parking facilities surfaced as

herein provided to accommodate one automobile for every 10 manufactured/mobile home sites.

N. Landscaping. All open areas, except driveways, parking areas, walkways, utility areas,

improved decks, patios or porches shall be maintained with landscaping. Plans for such landscaping shall be submitted with the development plans at time of application for permit.

O. Trash Storage. Covered fireproof containers for trash storage shall be provided. They shall

be placed so as to be concealed from the street and easily accessible to the mobile home sites. The same shall be emptied not less than weekly. The operator of such manufactured/mobile home park shall not permit or allow any open accumulation of trash or garbage, which shall be unsightly or constitute a health or safety hazard. Further, trash storage areas may not be located closer than thirty feet (30’) from a manufactured/mobile home.

P. Manufactured/Mobile Home Park Streets. Manufactured/Mobile home park streets shall be

provided in such a pattern as to provide convenient traffic circulation within the park. Said streets shall be constructed to the following standards:

1. All streets shall interconnect and there shall be no dead-end streets, unless a cul-de-sac is

provided with a radius of not less than thirty-five (35) fifty (50) feet; 2. All manufactured/mobile home park streets shall have a width of not less than forty (40) feet

including curbs; 3. All streets to be constructed shall provide proper surface drainage provided for on-site; 4. Manufactured/Mobile home park streets shall be paved except where other types of road

construction may be recommended by the Planning Commission to the City Council; 5. Manufactured/Mobile home park streets shall be lighted to a minimum light level of two (2)

foot candles per square foot of street area.

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Q. Mailboxes Provided. Each manufactured/mobile home site shall be equipped with a receptacle for mail deliveries in accordance with the standards recommended by the local Postmaster.

R. Telephone. The manufactured/mobile home park may contain at least one public telephone

for the use of park residence. S. Recreation Areas. A central recreation area shall be established in each

manufactured/mobile home park created, pursuant to the provision of this Title. The size of such area shall be at least 200 square feet per manufactured/mobile home site. The recreation area may contain community club houses, swimming pools, shuffleboard courts and similar facilities. Such recreation facilities may be decentralized in accordance with the principles of good planning, provided that the total recreation area meets the above-stated minimum size.

T. Buffering Requirements. Manufactured/Mobile home parks should be buffered from other

Land Use Zones. U. Storage Areas. Common areas used for the storage of travel trailers, boats, storage lockers

or sheds, and other such items shall be established in a manufactured/mobile home park. Such storage areas shall e adequately screened from public view. The size of such area shall be at least 200 square feet per manufactured/mobile home site.

V. Utilities. All utility distribution facilities, including television antenna service lines serving

individual manufactured/mobile home sites shall be placed underground. The owner is responsible for complying with the requirements of this Title and he shall make the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessary and appurtenant to such underground facilities may be placed above ground. Water and sewer distribution facilities shall be installed in accordance with minimum standards established through Idaho Code, and all state and local regulations adopted pursuant thereto. Each manufactured/mobile home site must be served with water, electricity and sanitary facilities as above provided.

W. Permit to Occupy. Prior to the occupation of any manufactured/mobile home park, the

developer (s) shall obtain from the Planning Commission a permit to occupy attesting that the aforementioned sanitary requirements of the State or District Health Authority have been met.

X. Transient Spaces. Not more than 10 percent of the manufactured/mobile home sites may be

used for transient recreational vehicle sites. Sites reserved for transient recreational vehicles shall be so designated on the plans submitted with the application for the manufactured/mobile home park permit. The site, yard, and property development standards of this title shall fully apply to sites reserved for transient recreational vehicles. Such vehicles shall stay not more than three (3) months.

Y. Expiration or Revocation of Permit. A permit for the development of a

manufactured/mobile home park shall become void automatically under any of the following circumstances or conditions:

1. If construction has not commenced within six (6) months after the issuance of a

development permit therefore, or any extension of time granted by the Planning Commission for good cause.

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2. If construction of a manufactured/mobile home park is not completed and certificate of

occupancy issued by the Planning Commission within one year from the date of issuance of the development permit.

3. If the permit for the construction of a manufactured/mobile home park expires for any other

reason. Z. Recordation Procedures. After approval of the preliminary development plan by the

Planning Commission a final plan shall be submitted, containing all such information, as required by this Ordinance, and the Planning Commission for recordation, pursuant to the recordation procedures set forth in this Ordinance.

5-18-2 Recreational Vehicles Parks

1) Definitions. A. "Dependent recreational vehicle" means one that does not have a

water closet and a bathtub or shower. B. "Independent recreational vehicle" means one that has a water

closet and a bathtub or shower. C. "Service building" means a building housing communal toilet,

laundry and other sanitary facilities necessary for the health and convenience of the trailer occupants.

D. Recreational vehicle space" means a plot of ground within a recreational vehicle park designated for the accommodation of one recreational vehicle.

E. Recreational vehicle park means any plot of ground upon which two or more occupied recreational vehicles are located.

2) Site selection criteria. A. Location. The site must not be: 1. Subject to flooding, fire or safety hazards; 2. Exposed to chronic nuisances, such as noise, smoke, fumes, and odors. The site should be bounded on at least one side by a public street or highway. B. Topography. The topography must be favorable to good site drainage, minimum grading, recreational vehicle placement, and ease of maintenance. Initial site grades exceeding eight percent, or rock formations close to the surface, are likely to cause high development costs.

C. Availability of Utilities. The site must be readily accessible to public utilities, including water, sewerage, and electricity. D. Necessary Land Area. The area of the recreational vehicle ark must be sufficient in size to accommodate:

1. The number of recreational vehicle spaces 2. Roads and parking areas 3. Service areas, buildings and playgrounds 4. On-site utilities where public utilities are not available.

3) Site improvements required. The physical improvements of the site must be arranged to

provide: A. A convenient means of pedestrian and vehicular access to each recreational vehicle space, parking areas, and accessory buildings; B. An adequate supply of potable water;

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C. A safe method of sewage disposal; D. Electrical service for lighting and power; and S. Diversion of surface water away from buildings, recreational vehicle spaces,

service and recreational areas, and its disposal from the site.

4) Site planning--Requirements generally. A plan of the proposed recreational vehicle park must be developed for approval of the county, indicating the layout of recreational vehicle spaces, roads, walks, service buildings, service areas, utilities, and necessary grading.

Determination must be made in the initial planning stage on the number of dependent and independent recreational vehicles to be accommodated.

5) Site planning—Recreational vehicle space sizes. Each recreational vehicle space must be not less than one thousand two hundred fifty square feet in area and should be at least twenty-five feet wide.

6) Site planning--Spacing between recreational vehicles and buildings. The minimum spacing between recreational vehicles and between recreational vehicles and buildings must be: Side-to-side spacing, fifteen feet; end-to-end spacing, ten feet. (Space between end of trailer bodies, not chassis.)

No recreational vehicle should be located closer than twenty-five feet from the right-of-way line of a main highway, or ten feet from the recreational vehicle park property line. 7) Site planning--Roads, walks and parking areas.

A. General Circulation. Safety and convenience must be a major consideration in the layout of roads, walks, and parking areas within the recreational vehicle park. All roads must be continuous.

B. Servicing. Suitable vehicular access for fire-fighting equipment, delivery of fuel, removal of garbage and refuse, and for other necessary services must be provided. Minimum service distances as required by local regulations or accepted practice must control.

C. Width of roads and parking areas shall be as follows: Main access roads, excluding parking shall be two lanes or twenty (20) feet.

D. Parking Area. The same number of motor vehicle parking spaces must be provided as the number of recreational vehicle spaces. These must be provided in special parking areas.

E. Walks. The recreational vehicle park walk system must include a walk from the entrance of each recreational vehicle to service facilities.

Width of Walks 1. Public walks(minimum)----4 feet; 2. Entrance walks (from public walk to trailer door) --2 feet. 8) Site planning--Service building requirements. Each recreational vehicle park must be provided with one or more service buildings containing the requisite number of plumbing fixtures and other service equipment. The service buildings must conform in general to the following requirements:

A. Location. The building should be located not more than two hundred feet from any dependent recreational vehicle space. B. Construction. The materials and methods used in the construction of service buildings must conform to adopted building codes for buildings of this nature. It must have an interior finish that is moisture resistant and can be easily cleaned. All rooms of service buildings must be ventilated and all ex-terior openings provided with screens. C. Facilities. Separate men and women's toilet rooms must be provided and distinctly marked. A sound-resistant wall must separate these rooms. A vestibule or screen wall must be provided

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to prevent direct view into the toilet rooms when exterior doors are open. 1. Plumbing Fixtures. Every recreational vehicle park must provide adequate toilet and laundry

facilities. In no instance should there be less than one laundry unit (laundry tray or washing machine) one water closet, one lavatory and one shower for women; and one water closet, one lavatory and one shower for men.

2. One water closet must be provided for each sex for every ten additional dependent recreational vehicles. Urinals for men may be substituted for one-third of these water closets.

3. One lavatory must be provided for each sex for every ten additional dependent recreational vehicles; and one shower or bathtub for each sex for every twenty additional dependent coaches. A laundry unit must be provided for every twenty additional recreational vehicle spaces. 4. All water closets and bathtubs or showers for women, and all water closets and bathtubs for men must be located in separate compartments, with self-closing doors. Individual shower stalls must be approximately three feet by three feet. Showers for women must have a dressing compartment with stool or bench. The room containing the laundry units must be separated from the toilet rooms, and have an exterior entrance only. 5. All plumbing installations shall conform to local plumbing code. 6. Electrical. All electrical installations shall conform to the state electrical code. 7. Heating. Heating facilities capable of maintaining a temperature of seventy degrees Fahrenheit in cold weather should be provided. 8. Hot Water. Facilities should provide for the continuous supply of three to five gallons of hot water per recreational vehicle space. Hot water at a temperature of about one hundred eighty degrees Fahrenheit should be provided for clothes washing equipment.

9) Site planning--Laundry drying facilities. Mechanical laundry drying equipment must be provided. Laundry drying machines must be located in service buildings.

10) Site planning--Refuse collection. Refuse must be stored in fly-tight and rodent-proof containers. Each coach space will require from four to six gallons of refuse storage capacity per day. Refuse container stations, where used, should be located a maximum of two hundred feet from any trailer coach space and preferably not more than one hundred fifty feet. 11) Site planning--Recreational areas. At least one hundred square feet per recreational vehicle space must be made available in one or more areas for recreational uses. These areas should be located so as to be free of traffic hazards. 12) Site engineering--Requirements generally. Grading and drainage must be performed so that water will drain away from recreational vehicle spaces, buildings, service and recreational areas, for storage on the site in a manner that will provide reasonable freedom from erosion. Walks, driveways and retaining walls must be so constructed as not to interfere with drainage.

13) Site engineering--Slope and grading requirements. Requirements for slopes of recreational vehicle spaces, roads, walks and service areas are as follows:

A. Recreational vehicle spaces must be graded toward abutting roadway to prevent surface water draining across adjacent coach spaces. Grading under recreational vehicles must be provided to prevent puddling of water. B. Where swales for the carriage of storm water are needed between the recreational vehicle space and the roadway, they must be of a shallow type, generally not to exceed eight inches in depth, to permit the parking of the trailer without damage to the undercarriage.

C. The following minimum and maximum slope values will usually give satisfactory results: Minimum percent Maximum percent Roads 0.50 Walks 0.50 10 Recreation area and laundry drying yards

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0.50 Sodded and planted areas 1.00 107 Grade of space 0.50

14. Site engineering--Construction requirements. Requirements for construction of roads, parking areas, walks and service areas are as follows: A. Roads and Parking Areas. Roads must be constructed of concrete or asphalt pavement. Roads must be crowned at center to shed water to drainage facilities. B. Walks. Walks must be constructed of concrete, macadam, gravel, fine stone, cinders or other materials providing a stable footing. Stepping stones may be used from main walks to recreational vehicles.

C. Recreation Areas and Laundry Drying Yards. Surfacing may be natural ground cover, sand-clay or other suitable local materials.

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CHAPTER 15 BUILDING REGULATIONS

SECTIONS:

1-15-1 Purpose

1-15-2 Definitions

1-15-3 General Requirements

1-15-4 Non-Conforming Buildings

1-15-5 Violations

1-15-1 PURPOSE

The purpose of this SECTION is to promote and protect the public health, welfare and safety by regulating proposed buildings in Residential Zones and establishing an official frost depth of (24) twenty-four inches within the jurisdiction. It is intended to protect property values, create a more attractive economic climate and enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce the deterioration of the natural environment and enhance community development.

1-15-2 DEFINITIONS

“Adjacent Property” means real property sharing one common boundary with another parcel of real property. Public roads separating parcels of real property shall be disregarded in determining whether property is “adjacent property”.

“Approved” as to materials and types of construction. Refers to approval by the building official as the result of investigate and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

“Building” is any structure used or intended for supporting or sheltering any use occupancy.

“Building, Existing”, is a building erected prior to the adopted of this code, or one for which a legal building permit has been issued.

“Building, Temporary” is a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

“Nonconforming Building” is a building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located.

“Repair” is the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

“Shall” as used in this ordinance, is mandatory.

“Weather-Exposed Surfaces” are all surfaces of walls, ceilings, floors, roofs, soffits and similar surfaces exposed to the weather.

“Person” is a natural person, heirs, executors, administrators or assign, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

“Renovation” is interior or exterior remodeling of a structure, other than ordinary repair.

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5-12-3 GENERAL REQUIREMENTS

1. Any person or persons building in a residential zone shall be required to have the weather exposed surfaces of the building to be of similar appearance and finish to other buildings in the immediate neighborhood or as approved by the building official.

5-12-4 NON-CONFORMING BUILDINGS

Whenever a person or persons seeks to structurally alter or remodel an existing nonconforming building the provisions of this section shall conform with Chapter 11 except as listed below

1. The provisions of Items 1 & 2 of this section do not apply to temporary buildings or to buildings under 120 square feet.

5-12-5 VIOLATIONS

Should any building not be applied for or constructed in violation or any of the terms of this chapter, the Building Official of the City of Wendell shall notify in writing, the owner or lessee of such building to apply for, alter or remove the building or addition. If the owner or lessee of any such buildings fails to apply for, alter or remove the building or addition in accordance with the notice to the Building Official within ten days of receipt of the written notice, the failure to comply with such notice shall be a misdemeanor.

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CHAPTER 16 VARIANCES AND APPEALS

SECTIONS: 5-16-1: Council Powers 5-16-2: Procedure, Application for Variance/Appeals 5-16-3: Variances Granted When 5-16-1: COUNCIL POWERS The City Council shall have the following authority to vary the application and terms of this Ordinance subject to the laws of the State of Idaho and subject to appropriate conditions and safeguards in harmony with the purpose and intent of this Ordinance with the public interest and the most appropriate development of the neighborhood: A. To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by this Title: and B. To authorize, upon appeal in specific cases, variances from the terms of this ordinance, where by reason of exceptional narrowness, shallowness, or steepness of’ slope or other physical condition applying to a lot or building, the strict application of any regulation enacted herein would result in an exceptional difficulty or unnecessary hardship which would deprive the owner of the reasonable use of the land or building involved. Such relief may be granted provided it does not substantially impair the intent and purposes of this Ordinance, and provided no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. 5-16-2 PROCEDURE A. The City Council shall hold a public hearing on all application for appeals, review and variances with the following special conditions required: 1. For application for variances to this title the City Council shall mail a written notice of said hearing at least l5 days prior to the hearing date to the applicant and to owners of property adjacent to the property in question. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the City Council. 2. At least l5 days prior to the public hearing date, notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation within the City of Wendell. B. For applications for variances to this ordinance, the applicant shall be charged a fee to cover the cost of advertising and processing. C. Unless otherwise stated in the City Council's minutes, all variance permits shall be issued and work shall commence within six (6) months from the date that such variance is granted; otherwise, the variance permit shall no longer be considered valid. 5-16-3 Variances Granted when. The planning commission shall consider variances to the terms of this title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and under such conditions that the spirit of this title shall be observed and substantial justice done. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance the planning commission shall make full investigation and shall only recommend granting a variance upon finding that

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the following are true:

A. That the granting of the variance will not be in conflict with the spirit and intent of the comprehensive plan for the city, and will not effect a change in zoning;

B. That there are exceptional or extraordinary physical circumstances or conditions, applicable to the property involved, or the intended use thereof causing undue hardship, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:

1. Undue loss in value of the property, 2. Inability to preserve the property rights of the owner, 3. The prevention of reasonable enjoyment of any property

right of the owner; 4. Such hardship shall be proven by the owner

C. That the granting of such relief will not be materially detrimental to the public

health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property improvements.

D. That the reason for a variance was not caused by the owner’s, or previous owner’s, actions.

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CHAPTER 17 ENFORCEMENT

SECTIONS: 5-17-1 Methods of Enforcement 5-17-2 Building Permit Required 5-17-3 Inspection 5-17-4 Criminal Liability 5-17-5 Injunction 5-17-6 Penalty 5-17-1 METHODS OF ENFORCEMENT: The provisions of this ordinance shall be enforced by the following methods:

a. Requirement of a building permit; b. Inspection and ordering removal of violations; c. Criminal liability; d. Injunction;

5-17-2 BUILDING PERMIT No building shall be erected, moved or structurally altered unless a building permit therefore has been issued by the Building Inspector or his authorized representative. All permits shall be issued in conformance with the provisions of this ordinance and shall be valid for a period of time not exceeding one year from the date of issue. 5-17-3 INSPECTION The Building Inspector and his authorized representative are hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this ordinance. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such violation. 5-17-4 CRIMINAL LIABILITY A person shall be guilty of a misdemeanor in any case where: A. Any violation of any of the provisions of this ordinance exists in any building or any other structure or on a tract of land; B. An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other structure or tract of land (or any part thereof), or upon the architect, building, contractor or any other person who commits or assists in any such violation; and C. Such person shall fail to comply with such order within ten days after service thereof. 5-17-5 INJUNCTION In addition to any of the foregoing remedies, the City Attorney, acting in behalf of the City Council may maintain an action for an injunction to restrain any violation of this ordinance. 5-17-6 PENALTY:

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Any person, firm or corporation violating any provisions of this ordinance, upon conviction thereof, shall be fined in accordance with Idaho State Code for each offense or by imprisonment in the County jail for a period of not more than 30 days or by both such fines and imprisonment. Each day during which the illegal erection, construction, alteration, maintenance or use continues may be deemed a separate offense. PASSED AND APPROVED by the City Council of the City of Wendell, County of Gooding, State of Idaho, this _____ day of ____________, 2001. ________________________- Mayor

ATTEST: