8-1: TITLE, INTERPRETATION AND ENACTMENT:

8-1-1: TITLE:

This title shall be known and may be cited as the MINIDOKA ZONING CODE.

8-1-2: AUTHORITY:

This zoning ordinance is adopted pursuant to authority granted by title 67, chapter 65 of the Idaho Code of article 12, section 2 of the Idaho constitution, as amended or subsequently codified.

8-1-3: PROVISIONS OF THIS TITLE DECLARED TO BE MINIMUM REQUIREMENTS:

In their interpretation and application, the provisions of this title shall be held to minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this title conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the highest standards shall govern.

8-1-4: COMBINING OF PERMITS:

The council is hereby required to coordinate with other departments and agencies concerning all permits, which may be required in this title and previously or subsequently adopted city ordinances. A one stop permit application and processing procedure may be developed with the respective departments and agencies for the purpose of reducing errors, misunderstanding, confusion and unnecessary delay for everyone involved.

8-1-5: SEPARABILITY CLAUSE:

Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the title as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

8-2: DEFINITIONS OF TERMS:

8-2-1: GENERAL TERMS:

For the purpose of this title, certain terms, phrases, or words used herein shall be defined and interpreted as set out in this chapter. Where terms, phrases, or words are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s “Third New International Dictionary Of The English Language” shall be considered as providing ordinary accepted meanings. For the purpose of this title, certain terms, phrases, or words used herein shall be defined as follows:

A. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual;

B. The present tense includes the future tense, the singular numbers include the plural and the plural numbers include the singular;

C. The words “shall” and “must” are always mandatory requirements, the word “may” is a permissive requirement and the word “should” is a preferred requirement.

D. The words “used” or “occupied” include the words “intended, designed or arranged to be used or occupied”;

E. The word “lot” includes the words “plot”, “parcel” and “tract”;

F. The term “erected” means “constructed”, “altered”, “moved”, or “repaired”;

G. The terms “administrator” or “administration” are synonymous with the term “Mayor or the Mayor’s designee”;

H. The term “mayor and city council” is synonymous with the term “city council”.

I. The masculine shall include the feminine.

8-2-2: DEFINITIONS:

The following definitions shall apply to words and terms used in this title:

ACCESS EASEMENT: A limited use easement across one or more adjacent properties to allow occasional vehicular access to otherwise inaccessible areas by either property owner at any time.

ACCESSORY USE: The use of land, secondary building or part thereof, on a portion of the main building such as being accessory to or incidental to the principal use of the premises wherein accessory uses are authorized uses, which do not require a permit.

ACCESSORY USE OR STRUCTURE: A use, building or structure that is customarily incidental and subordinate to the principal or approved conditional use or building, and is conducted or located upon the same lot.

ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who is appointed by the city to administer this title. The building official may be the administrator if duly appointed.

AFFECTED PERSON 1 : One having an interest in real property, which may be adversely affected by the issuance or denial of a permit.

AGRICULTURAL LAND, PRIME: Land which is particularly well suited to agricultural proposes due to characteristics which shall include soil type and depth, the absence of surface groundwater or marshy areas, access to an existing irrigation system and with slope less than five percent (5%).

AGRICULTURAL SERVICE ESTABLISHMENT: An establishment primarily engaged in performing animal husbandry or horticultural services, including agricultural milling and processing, harvesting, agricultural land preparation, irrigation and farm equipment sales and service, veterinary services, boarding and training of horses, and agricultural produce stands.

AGRICULTURE: The use of land for farming, horticulture, floriculture, forestry, fisheries, viticulture, raising crops, livestock, and animal and poultry husbandry including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, fertilizer works, and boneyards. Incidental retailing of goods and products raised on the premises shall also be considered as being with this definition.

AIRPORT: Any runway, land area or other facility designed or used whether publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.

ALLEY: Any public space or thoroughfare, which has been dedicated or deeded to the public use and which provides a secondary public means of access to abutting properties.

ALTERNATIVE SUPPORT STRUCTURE: Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.

ANIMAL CLINIC, ANIMAL HOSPITAL OR VETERINARY OFFICE: Any building or portion thereof designed or used for the care or treatment of cats, dogs, sheep, cattle, and horses or other animals in which veterinary services are performed including clipping, bathing, boarding, and other services rendered to such animals and pets.

ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

ANTENNA, BUILDING MOUNTED: Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.

ANTENNA, GROUND MOUNTED: Any antenna with its base placed directly on the ground.

ANTENNA, UTILITY POLE MOUNTED: An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, streetlight, traffic signal, athletic field light, utility support structure or other similar structure approved by the city.

APARTMENT: A room or suite of rooms in a multiple-family structure or multiple purpose structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed.

APARTMENT HOUSE OR MULTI-FAMILY USE: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as a home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

APPLICANT: A person or legal entity seeking approvals or permits pursuant to this title which has an ownership or other vested interest in real property of a nature sufficient to control the use to which is proposed in the applications for said real property.

AREA OF CITY IMPACT: The unincorporated land surrounding the city limits of the city of Minidoka as established by ordinance and any amendments thereto, as mutually agreed upon with Minidoka County in conformance with the laws of the state of Idaho.

AREA, PRIVATE PARKING: An open, graded or paved area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles or motor vehicles of occupants of the buildings for which the parking area is developed.

AREA, PUBLIC PARKING: An open area, other than a street or alley, used for the temporary parking of automobiles or other transportation and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

ASSISTED OR RESIDENTIAL LIVING FACILITY: A facility however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more elderly, developmentally disabled, physically disabled and/or mentally ill adults not related to the owner.

AUTOMOBILE AND TRAILER SALES AREA: An open area used for the display, sale or rental of new or used motor vehicles or new or used trailers and where no repair work is done and on which all motor vehicles are capable of operation with their own power at all times.

AUTOMOBILE, MOTOR VEHICLE OR EQUIPMENT REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment or parts thereof, including collision, service, painting and steam cleaning of vehicles.

AUTOMOBILE SALVAGE YARD: Any area, lot, land, or parcel, excluding farm equipment in agricultural zones or when located within a completely enclosed building, whereon more than two (2) motor vehicles without current registration, or where more than two (2) motor vehicles inoperable or dismantled motor vehicles, or any combination of more than two (2) unregistered, inoperable or dismantled motor vehicles, not in operating condition are standing more than thirty (30) days, or on which such used motor vehicles or parts thereof, are dismantled or stored. For purposes of this definition, the term “inoperable” means the motor vehicle cannot move under its own power or does not meet minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roads and highways in the state of Idaho as set forth in the Idaho motor vehicle laws of the state of Idaho.

BASEMENT: The portion of a structure all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground.

BED AND BREAKFAST: See definition of Boarding House.

BICYCLE PATH: A public way or land designed for use of nonmotorized vehicles or pedestrians and so designated.

BILLBOARD: Any sign exceeding thirty two (32) square feet in size upon which advertising matter is posted and/or pasted thereon.

BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.

BOARD: The board of county commissioners of Minidoka County, Idaho. BOARDING HOUSE (Including Bed And Breakfast And Lodging Or Rooming Houses): Any building or portion thereof, other than a hotel or motel, where lodging and meals are provided for compensation for two (2) or more persons, but not more than twelve (12) persons, who are not members of the householder’s family and do not require care or supervision. Congregate residences and assisted or residential living facilities are not included in this definition.

BUILDABLE AREA: The space remaining on a zoning plat after the minimum open space and setback requirements of this title have been complied with.

BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind, but not including fences or advertising signs.

BUILDING, AGRICULTURAL: A structure located on agricultural property and designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged, or a place used by the public.

BUILDING, ASSEMBLY: A building or portion thereof used for the gathering together of fifty (50) or more persons for such purposes as deliberation, worship, entertainment, amusement, or for awaiting transportation.

BUILDING, EXISTING: A building erected prior to the effective date of this title or one for which a legal building permit has been issued prior to the effective date.

BUILDING HEIGHT: The vertical distance from grade to the highest point of the coping of a flat roof, or to the deck of a mansard roof or to the average height of the highest gable of a pitched or hip roof.

BUILDING LINE: A line established by law or agreement and usually parallel to property line beyond which a building or structure may not extend.

BUILDING, MAIN OR PRINCIPAL: A building other than an accessory building, in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the building code as adopted by the city of Minidoka.

BUILDING PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity. The issuance of a building permit shall not be construed as granting permission or approval to any activity that would violate the requirements of this title or other laws adopted by the jurisdiction or the state of Idaho.

BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.

BULK STORAGE – COMBUSTIBLE OR FLAMMABLE GASES: Storage in excess of two thousand (2,000) gallons of combustible or flammable gases in any one tank or vessel for the purpose of retail dispensing or distribution.

BULK STORAGE – COMBUSTIBLE OR FLAMMABLE LIQUIDS: Storage in excess of one thousand one hundred (1,100) gallons of combustible or flammable liquids in any one tank or vessel for the purpose of retail dispensing or distribution.

BUSINESS: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, service, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering services.

CANNERY: A place where the business of preserving food such as meat, fruit and vegetables in sealed containers is carried on for profit or as a community cooperative service.

CARPORT: A roofed structure surrounded by open space on two (2) or more sides.

CEMETERY: Land used or intended to be used for the burial of humans or dead animals and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

CENTER, DAYCARE: See definition of Daycare Center.

CENTER, MEDICAL HEALTH: See definition of Clinic.

CLINIC: A building used for the care, diagnosis, and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.

CLUB OR LODGE: The facilities of an association of persons for the promotion of some nonprofit common interest, such as politics, service, literature, science, fellowship, etc., and which holds meetings periodically which are limited to members and guests.

COMMERCIAL ENTERTAINMENT FACILITIES: Facilities for any profitmaking activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.

COMMERCIAL SLAUGHTERHOUSE AND MEATPACKING FACILITIES: Includes the slaughtering, meat canning, curing, smoking, salting, packing, rendering, freezing or other similar establishments in which meat products are so processed commercially for sale to the public or as a service for hire.

COUNCIL: The mayor and city council of the city of Minidoka.

COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the city of Minidoka including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools, and other community facilities.

CONCESSION STANDS: A building, structure, vehicle or tent, having less than three hundred (300) square feet of area that is used for the sale of food, beverages, and/or souvenirs on a temporary basis. A permanent concession stand which will occupy the same site for more than fourteen (14) consecutive days shall require a zoning review as set forth in the definition of “zoning review and certificates” in this section.

CONDITIONAL USE: The use permitted only upon issuance of a special use permit.

CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.

CONDOMINIUM PLAT: The drawing of a division of real property into individual interests in common together with a separate interest in the real property for the purpose of establishing condominium ownership together with the declaration that is filed according to law with the county recorder.

CONGREGATE RESIDENCE: A building or portion thereof that contains facilities for living, sleeping, and sanitation, and may include facilities for eating and cooking, for occupancy other than a family. A congregate residence may be a convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, assisted living facilities, hotels, boarding, or lodging houses.

CONTRACTOR’S YARD: Any parcel of land used for storage, maintenance or processing incidental to a construction or building business, hauling, excavation, demolition or similar activity and including any parcel of land used for the incidental repair of machinery used for any of the above listed activities.

CONVENIENCE STORE: A retail establishment selling or distributing fast moving items such as food and dairy products, sundries and petroleum products.

COUNCIL: The city council of the city of Minidoka.

COUNTY: Minidoka County, Idaho, and its governing board.

COVENANT: A written promise or pledge.

DANCE HALL: A facility or place of assembly or portion thereof, wherein is provided an area that may be used for dancing with occupant load of more than fifty (50) as established by the current building code. This definition does not apply to facilities or areas within schools or churches that are accessory to the primary uses.

DAYCARE CENTER: An establishment where five (5) or more individuals, children or adults, regularly receive care and supervision for periods of time less than fifteen (15) hours unaccompanied by the individual’s guardian.

DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the county as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.

DENSITY: A unit of measure; the number of dwelling units per acre of land. Gross Density: The number of dwelling units per acre of total land to be developed, including public right of way. Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right of way.

DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.

DRIVE-IN ESTABLISHMENT: An establishment, other than a service station or truck stop, which is designed to accommodate the motor vehicles or patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or receive services.

DUPLEX: See definition of Dwelling, Two-Family.

DWELLING: A building, or portion thereof, containing one or more dwelling units, and which complies with the structural requirements of the adopted building code. The term “dwelling” does not include any temporary mobile home, “motel”, “hotel”, “guesthouse” or “boarding house” as defined herein.

DWELLING, HIGH RISE MULTIPLE-FAMILY: A multiple-family building, or portion thereof, containing five (5) or more stories.

DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A building consisting of a single dwelling unit designed for use and occupancy by no more than one family, and separated from other units by open spaces.

DWELLING, TWO-FAMILY: A building designated for use and occupied exclusively by two (2) families living independently of each other, known also as a duplex.

DWELLING UNIT: A suite of two (2) or more habitable rooms providing complete living facilities for one family including permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING UNIT (PREFAB): A building or other structure proposed or built for occupancy by people that is designed for initial transportation on streets and highways which arrives at a site where it is installed on a permanent foundation.

EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of another person’s property.

ELECTRICAL DISTRIBUTION LINES: Electrical power lines used by the electrical utility to distribute electrical power from the generation source or substation to the utility’s customers or end users.

ELECTRICAL TRANSMISSION LINES: Electrical power lines used for transmission of electrical power from the generation source to a substation for further distribution by an electrical utility.

EQUESTRIANWAY: A public way designed to be used for horseback riding and so designated.

FAMILY: An individual, or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

FAMILY FOOD PRODUCTION: The keeping of domestic animals and fowl for the production of food for the use of the family occupying the premises.

FARM, RANCH AND GARDEN BUILDING: See definition of Building, Agricultural.

FOWL: Chickens, ducks, geese, pheasants, partridge, guinea hens, peacocks, or other similar domesticated birds excluding ostriches and emus.

FURBEARERS: Mink, fox, beaver, otter, or other similar domesticated animals.

GARAGE, PRIVATE: A building or a portion thereof in which motor vehicles used by the tenants of the main building on the premises are stored or kept.

GOVERNING AUTHORITY: The city council of Minidoka, Idaho.

GRADE, OR OFFICIAL GRADE: Grade (ground level) is the average of the finished ground level at the centers of all walls of a building. If the building is within twenty five feet (25′) of a sidewalk or curb, said ground level shall be measured at the sidewalk or curb.

GUEST: Any person, other than a member of a family hiring or occupying a room for living or sleeping purposes.

GUESTHOUSE: A detached or attached structure, being an accessory to a one-family dwelling with not more than two (2) bedrooms used or designed for use primarily by guests or servants for sleeping quarters.

HEALTH AUTHORITY: The officer or other designated authority charged with the administration and enforcement of the rules and regulations of the health department or its successor.

HEALTH DEPARTMENT: The South Central health district, the Idaho department of health and welfare, the United States environmental protection agency and/or any agency as may succeed to any of their powers.

HEIGHT, TELECOMMUNICATIONS TOWER: The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g., lightning rods) and lighting.

HIGH WATER MARK: The water level corresponding to the “natural or ordinary high water mark” or the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of terrestrial vegetation and destroy its value for commonly accepted agricultural purposes.

HOME, MOBILE: See various definitions of Manufactured Home (Mobile Home). HOME, MOBILE; TEMPORARY: A trailer, tent trailer, camper or mobile home which is eight feet (8′) or less in width and thirty two feet (32′) or less in length and may or may not contain cooking or bathroom facilities, but is not designed or used for long term occupancy. An unoccupied temporary mobile home is one which is being stored or is to be occupied for fewer than thirty (30) days in a calendar year.

HOME OCCUPATION: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling or accessory buildings, and wherein the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. (See the required performance standards.)

HORSES FOR PRIVATE USE: Horses kept and maintained as an accessory use to a dwelling for the pleasure and use of the occupants thereof, and not used for commercial purposes.

HORTICULTURAL SERVICES: Commercial greenhouses, landscaping services and agricultural consulting services which grow plants on the premises in conjunction with the consulting services they render.

HOSPITAL: Any building used for the accommodation and medical care of sick, injured, or infirm persons and including sanatoriums, but does not include nursing homes.

HOTEL: A building containing six (6) or more guestrooms intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests.

HOUSE, BOARDING: See definition of Boarding House.

HOUSE, ROOMING: See definition of Rooming House.

HOUSEHOLD PET: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries, and similar pets.

IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.

INDUSTRIAL: Refers to the manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified.

JUNKYARD: See definitions of Salvage Yard and Automobile Salvage Yard.

KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which five (5) or more dogs are maintained, harbored, possessed, trained, bred, boarded, or caged in return for compensation, but not including an animal clinic, animal hospital, or veterinary office where boarding is limited to short term care incidental to treatment.

KENNEL, NONCOMMERCIAL: Any lot or premises of one household, on which more than two (2) dogs, but less than five (5) are kept, housed, or maintained, which are owned by individuals of the household.

KINDERGARTEN: A place, home, building or location providing care, with organized play and instruction, for more than five (5) children of preschool age not residing on the same premises.

LAGOON, SETTLING: Pond or other similar facilities designed and used for industrial or commercial processes for separating solid waste or materials from liquid waste or materials.

LAGOON, STORAGE: Pond or other similar facilities designed and used for the storage of water or treated process water, whether for irrigation or firefighting purposes.

LAGOONS, SEWAGE: Ponds or other similar facilities designed and used for the storage, treatment or evaporation of liquid or semiliquid human, commercial or industrial waste.

LIQUID WASTE: A liquid substance containing any wastewater, waste or waste products, separately or in combination.

LIVESTOCK: Fowl, furbearers, cattle, dairy animals, swine, sheep, goats, horses, mules, llamas, ostriches, emus, and other similar domesticated animals including their offspring.

LIVESTOCK CONFINEMENT AREA: A structure or area of land within which livestock are confined for a period of more than forty eight (48) hours during any seven (7) consecutive days.

LIVESTOCK, LARGE: Cattle, dairy animals, swine, sheep, goats, horses, llamas, mules, donkeys, ostriches, emus and other similar domesticated animals, including their offspring.

LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an improved public street or approved private street or access to said lot will be provided by means of an approved irrevocable dedicated easement.

LOT AREA: The computed horizontal area contained within the lot lines.

LOT, CONTIGUOUS: Lots may be considered contiguous if they adjoin each other at a common boundary that permits use of the lots as one unit and if they are not separated by a public right of way, a railroad right of way, or by property held in fee simple ownership by another.

LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°). The point of intersection of the street lines is the “corner”.

LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

LOT DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point the side lot lines are not less than ten feet (10′) apart.

LOT, INTERIOR: A lot bounded by a street on one side only.

LOT LINE: A line bounding the lot described in the title to the property.

LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts.

LOT LINE, REAR: The line opposite and most distant from the front lot line.

LOT LINE, SIDE: Any lot line other than a front or rear lot lines. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line.

LOT LINE, STREET OR ALLEY: A lot line separating the lot from a street or alley.

LOT, MINIMUM AREA: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.

LOT, NONCONFORMING: A parcel of land, which was created prior to or in compliance with the provisions of the applicable zoning and subdivision ordinances that were in effect at the time such parcel was created.

LOT, THROUGH: A lot having frontage on two (2) streets, which are parallel or nearly so.

LOT WIDTH: The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least depth of the front yard.

MANUFACTURED BUILDING OR HOUSE: A building or house built to the uniform building code standards in a factory or other facility and then delivered to the construction site. This definition includes buildings used for other than residential use.

MANUFACTURED HOME (MOBILE HOME) CLASS A: A dwelling unit manufactured and installed with all the following characteristics:

A. Mass produced in a factory;

B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;

C. Properly connected to sewer, water and electrical services;

D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;

E. Multisectional and shall contain an enclosed living space not less than one thousand (1,000) square feet;

F. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development;

G. Has a painted metallic, wood, shake, asphalt shingle or similar type roof with a minimum pitch of two to twelve (2:12) (pitch to run);

H. Has an eave of a minimum of six inches (6″), or an eave and gutter combination with a minimum of six inches (6″), attached to the entire perimeter of the roof;

I. Has horizontal metal lap siding, simulated wood siding, or wood siding similar to permanent residential structures;

J. Has a foundation that is similar in appearance and durability to concrete or masonry foundations of site built dwellings and which surrounds the entire perimeter of the structure, completely enclosing the space between the siding and the finished grade; and

K. Is permanently affixed, with the running gear and towing hitch removed, and set upon a foundation base having an anchoring system that is totally concealed under the structure.

MANUFACTURED HOME (MOBILE HOME) CLASS B: A dwelling unit manufactured and installed with all the following characteristics:

A. Mass produced in a factory;

B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;

C. Properly connected to sewer, water and electrical services;

D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;

E. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development. If constructed before the above mentioned date, the home shall conform with the mobile home rehabilitation act, Idaho state code title 44, chapter 25;

F. New, new condition or rehabilitated so that all roofing, siding, and exterior trim is intact, good condition and paint that is not blistered, peeling, or dull in color;

G. Units at least fourteen feet (14′) wide at the narrowest point, with a minimum of six hundred (600) square feet;

H. Has a factory constructed painted metallic, wood, shake or shingle, asphalt or fiberglass shingle or similar residential type roof with a minimum pitch of two to twelve (2:12) (pitch to run);

I. Has an eave of a minimum of six inches (6″), or an eave and gutter combination with a minimum of six inches (6″), attached to the entire perimeter of the roof;

J. Has horizontal metal lap siding, simulated wood siding, or wood siding similar to permanent residential structures;

K. Has a foundation that is similar in appearance and durability to concrete or masonry foundations or approved skirting material, which matches the exterior siding. The foundation or skirting surrounds the entire perimeter of the structure, completely enclosing the space between the siding and the finished grade; and

L. Is permanently affixed, with the running gear and towing hitch removed, and set upon a foundation base having an anchoring system that is totally concealed under the structure.

MANUFACTURED HOME (MOBILE HOME) CLASS C: A dwelling unit manufactured and installed with all the following characteristics:

A. Mass produced in a factory;

B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;

C. Properly connected to sewer, water and electrical services;

D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;

E. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development. If constructed before the above mentioned date shall conform with the mobile home rehabilitation act, Idaho state code title 44, chapter 25; and

F. Does not meet all definitional characteristics in subsections E through K of the definition of “manufactured home (mobile home) class A” and in subsections E through L of the definition of “manufactured home (mobile home) class B” of this section.

MANUFACTURED HOME (MOBILE HOME) NONCONFORMING: A dwelling unit manufactured and installed with all the following characteristics:

A. Mass produced in a factory;

B. Built on a frame, designed and constructed for transportation to a site for installation and use when connected to required utilities;

C. Properly connected to sewer, water and electrical services;

D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities;

E. Does not meet all definitional characteristics in subsections E through K of the definition of “manufactured home (mobile home) class A”, in subsections E through L of the definition of “manufactured home (mobile home) class B” and subsection E of the definition of “manufactured home (mobile home) class C” of this section.

MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.

MANUFACTURING, HEAVY: Manufacturing, processing, assembling storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites, open storage and service area, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, and air and water pollution beyond the district boundary.

MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free from objectionable or hazardous elements such as smoke, noise, odor, dust or other pollution; operating and storing within enclosed structures and generating little industrial traffic or nuisances.

MAP, ZONING: See definition of Zoning Map.

MONOPOLE: A telecommunication tower of a single pole design.

MOTEL: See definition of Hotel.

MOTOR VEHICLE: Any vehicle propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners or slides, to transport persons or property or pull machinery and including, but not limited to, automobiles, trucks, trailers, motorcycles and tractors.

NAVIGABLE STREAM OR LAKE: As designated on the United States geological survey (USGS) map and/or the maps formally adopted by the city of Minidoka.

NONCONFORMING BUILDING OR STRUCTURE: A building, structure, or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such building is situated, but which existed prior to the effective date hereof, or one for which a building permit was issued prior to the effective date.

NONCONFORMING USE: A use of premises which does not conform to the regulations of this title, but which was in existence at the effective date hereof.

NURSERY, PLANT MATERIALS: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants for sale on or off the premises including products used for gardening or landscaping.

NURSING HOME: See definition of Assisted Or Residential Living Facility.

OCCUPANCY, CHANGE OF: Any change in the character or use of a building or premises, not including change of tenants, proprietors or occupants.

OCCUPIED RESIDENTIAL USE: A “residential use” as defined in this chapter, which has actual residential habitation by one or more persons during the preceding three (3) years.

ODOR: The presence in the outdoor atmosphere of any contaminant or combination thereof in such quantity, nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property.

ODOR ABATEMENT: The reduction or elimination of odors present in the ambient air.

ODOR ABATEMENT PLAN: A written plan prepared by the owner/applicant stating methods and practices to be used to minimize or eliminate odors.

OFF STREET PARKING SPACE: An area adjoining a building providing for the parking of automobiles which does not include a public street but has convenient access to it and shall consist of area adequate for parking an automobile with room for opening doors, together with properly related access to a public street or alley and maneuvering room.

OPEN SPACE: An area substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and other recreational facilities that the council deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.

OPERATION (TELECOMMUNICATIONS): Other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.

ORIGINAL PARCEL OF LAND: A lot, tract or individual parcel as recorded on any plat or recorded on file in the office of the Minidoka County recorder, any unplatted contiguous parcel of land held in one ownership, or any platted contiguous parcel of land comprised of or including government lots, and being any such parcel of record as of the effective date of the original subdivision ordinance.

OTHER USES: Implies such usage that may be permitted in the zone or district. In no way does the term, when used, imply a permit or approval for a usage. “Other uses” requires a review by the council, which will deny or approve (generally under conditions), the requested usage.

OWNER: Any individual, person, firm, association, syndicate, partnership, corporation, or other entity having proprietary interest in real property subject to this title. A leasehold interest is excluded from such proprietary interest.

PARK, MANUFACTURED (MOBILE) HOME: Any area, tract, plot or site of land developed as a planned unit development located and maintained for dwelling purposes on a permanent or semipermanent basis for two (2) or more manufactured (mobile) homes or travel trailers.

PARK, TRAVEL TRAILER (RV PARK): Any area, tract, plot or site of land with domestic water and sanitary facilities whereupon two (2) or more travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.

PARKING AREA OR LOT, PUBLIC: An open area, other than a street or public way, to be used for the storage, for limited periods of time, of operable automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

PARKING AREA, PRIVATE: An open area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles, of occupants of the building or buildings for which the parking area is developed and is necessary and accessory.

PARKING SPACE: A usable space of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.

PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat. The board shall set the amount of the bond at its sole discretion with regard to the recommendation of the council.

PERSONAL SERVICES: Any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, and similar activities.

PEST ABATEMENT: The reduction or elimination of pests such as, but not limited to, flies, insects, rodents, etc.

PEST ABATEMENT PLAN: A written plan prepared by the owner/applicant stating methods and practices to be used to minimize or eliminate pests.

PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.

PLATFORM (ANTENNAS): A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

PLOT: A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or by metes and bounds.

PRINCIPAL DESIGNATED USE: The main use of land or building as distinguished from subordinate, accessory uses or other uses.

PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.

PROPERTY: A lot or plot including all buildings and improvements thereon.

PROPERTY LINE: A recorded boundary of a plot.

PUBLIC USES: Public parks, schools, administrative and cultural buildings, and structures, not including public land or buildings devoted solely to storage and maintenance of equipment and materials and public service facilities.

PUBLIC UTILITIES: Structures or facilities essential to furnishing the public with electricity, power, gas, water supply, water treatment and public services, including power plants and service stations, water treatment plants or public stations, fire stations or police stations.

PUBLIC WAY, PUBLIC RIGHT OF WAY: A public way, right of way, easement, or strip of land dedicated, acquired or platted across real property and intended for the special or general use of the public which normally includes streets, sidewalks or other public utilities or service areas.

QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.

REAL PROPERTY: Real estate consisting of:

A. Lands, possessive rights to land, ditch and water rights and mining claims; both lode and placer;

B. That which is affixed to land; or

C. That which is appurtenant to land.

REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word “repair” or “repairs” shall not apply to any change in a structure such as would be required by additions to, or remodeling of such structure.

RESEARCH ACTIVITIES: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, electronics, and engineering.

RESIDENTIAL CARE FACILITY: See definition of Assisted Or Residential Living Facility.

RESIDENTIAL USE: A building or portion thereof designed exclusively for residential occupancy, including one-family, two- family and multiple-family dwellings, but not including hotels, motels, boarding and lodging houses, trailers, recreational vehicles, or trailer houses.

RESTAURANT: Any land, building or part thereof, other than a boarding house where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.

RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts, and bridges.

RISK MANAGEMENT PLAN (RMP): A formal statement detailing the hazardous level, risk level, facility design, emergency response and containment procedures in response to an accidental discharge of part or all of the hazardous material contained in the facility.

ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.

RODEO: An area used as an entertainment site for an exhibition and/or competition of the skills of cowboys/cowgirls and horsemanship.

ROOMING HOUSE: A building other than a hotel where lodging is provided for compensation to three (3) or more persons who are not members of the householder’s family and wherein no meals are served or provided.

SALVAGE YARD: A place where scrap, waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, dismantled, handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards, and places or yards for storage of salvaged house wrecking and structural materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment within a building, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.

SANATORIUM, SANITARIUM: A hospital, whether or not such facility is operated for profit.

SATELLITE DISH: A device incorporating a reflective surface that is solid, open mesh, or bar configured that is shell dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs (satellite television receive only) and satellite microwave antennas.

SCHOOL: An institution conducting regular academic instruction at elementary, secondary and college levels.

SCHOOL, TRADE OR INDUSTRIAL: An institution or facility conducting instruction in the technical, commercial or trade skills such as business, beauticians, barbers, electricians, automotive and so forth.

SERVICE STATION: Buildings on premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and wherein in addition, the following services may be rendered and sales made:

A. Sales and service of spark plugs, batteries and distributor parts;

B. Tire servicing and repair, but not recapping or regrooving;

C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;

D. Radiator cleaning and flushing;

E. Washing, polishing and sale of washing and polishing materials;

F. Greasing and lubrication;

G. Providing and repairing fuel pumps, oil pumps and lines;

H. Minor servicing and repair of carburetors;

I. Adjusting and repairing brakes;

J. Minor motor adjustment not involving removal of the head or crankcase or raising the motor;

K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;

L. Provisions of road maps and other informational material to customers, provision of restroom facilities; and

M. Warranty maintenance and safety inspections. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other characteristics to an extent greater than normally found in service stations. A service station is neither a repair garage nor a body shop.

SETBACK: The shortest distance between the property or lot line and the structure or portion thereof, excluding street or road right of way.

SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear setback requirements of this title, or by delineation on a recorded subdivision or planned unit development map.

SETBACK LINE: A line established by these zoning regulations, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in this title.

SEWAGE LAGOONS: Ponds or other similar facilities designed and used for the storage, treatment or evaporation of liquid or semiliquid human, commercial or industrial waste.

SHELTER HOME: A residential facility for temporary occupancy by individuals that for financial or physical or mental health reasons, who do not have a place of residence or cannot live at their normal residences. This would include, but not be limited to, facilities for the homeless, battered and abused, halfway houses, and children’s homes.

SHOOTING RANGE: A facility which allows for the safe practice of shooting firearms, including shotguns, pistols, and rifles, which may include any accessory uses and structures normally associated with this activity.

SHORELINE DEVELOPMENT: The building of structures, buildings, features, retaining walls and other similar activity at or below the high water mark and/or adjacent riparian areas.

SIGN: Any display or device consisting of painted letters, symbols or designs, and including any moving parts, lighting, sound equipment, framework, background material or structural support, which display or device is intended to communicate business identification, an advertisement, announcement, directions or other message or attract, distract, hold, direct or focus public attention.

SIGN, COMMERCIAL: Any sign erected which directs attention to a use, name, business, commodity, service or entertainment conducted, sold or offered at a commercial establishment whether located on the same premises of the sign or not.

SIGN, DIRECTIONAL/INFORMATIONAL: Any sign erected with the purpose of giving directions which contains words such as “entrance”, “enter”, “exit”, “in”, “out”, or other similar words or a sign containing arrows or characters indicating traffic directions or provides information and/or messages of interest to the public.

SIGN, HOME: An accessory sign or nameplate announcing the names of the occupants or owners of the premises or the name of the home occupation conducted thereon.

SIGN, PROPERTY: An on premises sign erected for the purpose of advertising the availability of the property for sale, lease or rent; or may include project identification, a private or public announcement or the announcement of danger or warning in connection with said premises.

SIGN, PUBLIC: An accessory sign erected for the purpose of identification of the buildings, or involved facilities, and may include the dissemination of information in connection with the program, policy or operation of public or semipublic institutions owning or occupying subject premises, such as schools, churches, hospitals, quasi-public bodies, clubs, lodges, clinics, professional and executive office, or information in connection with the property of general interest to the public.

SIGN, TEMPORARY: Any sign that is used only temporarily, not exceeding sixty (60) days and is not permanently mounted or installed.

SITING ADVISORY TEAM (TEAM): A team comprised of representatives from the Idaho state department of agriculture (ISDA), Idaho division of environmental quality (IDEQ), Idaho department of water resources (IDWR), and an official designee of the city of Minidoka. The siting advisory team may invite representatives of the state universities of Idaho and following federal agencies, U.S. environmental protection agency (EPA), U.S. natural resources conservation service (NRCS), U.S. geological survey (USGS), and the United States department of agriculture, agricultural research services (USDA), to participate as advisors and/or consultants to the team.

SLAUGHTERHOUSE: See definition of Commercial Slaughterhouse And Meatpacking Facilities.

SPECIAL USE: A special use permitted within a district, other than a principally permitted use, requiring a permit and approval of the council. Special uses permitted in each zone are listed in the schedule of zoning regulations.

STABLE, PRIVATE: A detached accessory building or structure for the keeping of one or more horses or cows owned and used by the occupant of the premises and not for remuneration, hire or sale.

STABLE, RIDING: A building or structure used or designed for the boarding or care of riding horses for remuneration, hire or sale.

STORM RUNOFF CONTAINMENT: The storage facility that intercepts precipitation runoff of a corral(s) based on the requirement for a 25-year, 24-hour storm event only. This does not include wastewater.

STORY: That portion of a building included between the surface of a floor and the ceiling next above it.

STREET: A public right of way officially accepted by the agency or entity having jurisdiction, fifty feet (50′) or more in width, which provides a public means of access to abutting property, or any such right of way more than twenty feet (20′) and less than fifty feet (50′) in width provided it existed prior to the enactment of this title and has received official approvals. The term “street” shall include “avenue”, “drive”, “circle”, “road”, “parkway”, “thoroughfare”, or any other similar term.

STRUCTURAL ALTERATION: Any change in the supporting members of the building such as the bearing walls, columns, beams, girders or roof.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.

SUBDIVIDER: Shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision ordinance of the city of Minidoka. The subdivider need not be the owner but must have written authorization from the owner to propose the subdivision of the owner’s lands.

SUBDIVISION: See title 9 of this code for definition.

SUBDIVISION, MOBILE HOME: A subdivision designed for manufactured or mobile home residential use.

SURVEYOR: A land surveyor or professional engineer registered in the state of Idaho.

TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants when the principal business is serving food.

TELECOMMUNICATION FACILITY: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment with is used for transmitting, receiving, or relaying telecommunications signals.

TELECOMMUNICATION FACILITY (COLLOCATED): A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.

TELECOMMUNICATION SUPPORT FACILITY: The telecommunication equipment buildings and equipment cabinets.

TOWER, CAMOUFLAGED: Any telecommunication tower that due to design or appearance entirely hides, obscures, or conceals the presence of the tower and antennas.

TOWER FARM: A parcel of ground on which multiple telecommunication towers or antennas are located and clustered together on a single parcel for economic, aesthetic, or other reasons.

TOWER, GUYED: A telecommunications tower that is supported in whole or in part by guywires and ground anchors or other means of support besides the superstructure of the tower itself.

TOWER, LATTICE: A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

TOWER, TELECOMMUNICATION: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common carrier towers.

TRACT, ORIGINAL TRACT OF LAND OR ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the county recorder, or any unplatted contiguous parcel of land held in one ownership of record at the effective date of this title.

UNDUE HARDSHIP: Special conditions depriving the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this title, but not merely a matter of convenience and profit. A hardship caused by the applicant for the purpose of evading the restrictions of this title shall not be considered an undue hardship.

USE: The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

USE, EXISTING: Any use legally existing at the time of adoption of this title.

UTILITIES: Installation for conducting water, sewage, gas, electricity, television, communications, stormwater, ancillary facilities providing service to and used by the public.

VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, use of property, setbacks, required parking spaces, height of buildings or other ordinance provisions affecting the size, location or shape of a structure or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

WASTE PRODUCTS: Organic waste matter such as urine and/or feces.

WASTE TREATMENT SYSTEM: The process, area, or mechanism employed for the retention, storage and treatment of liquid or solid wastes.

WASTEWATER: Water that has been used, for washing, flushing, or in a manufacturing process, which also contains waste products.

YARD: An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends to a depth or width specified in the yard or setback regulations for the district in which the lot is located.

YARD, FRONT: The yard across the full width of the lot or plot facing the street and extending from the front building line of the building to the front property or street line.

YARD, REAR: The yard across the full width of the lot or plot opposite the front yard, extending from the rear building line of the building to the rear property line.

YARD, SIDE: The yard between the side building line of the building and the adjacent side property line and extending from the front yard to the rear yard.

ZONE OR ZONING DISTRICT: The incorporated territory of the city of Minidoka as defined by this title and designated on the zoning map, to which the provisions of this zoning ordinance apply.

ZONING MAP: The zoning map of the city of Minidoka, incorporated into this title designating zoning districts together with all amendments subsequently adopted.

ZONING OFFICIAL: The Mayor or the Mayor’s designee or his authorized representative.

ZONING REVIEW AND CERTIFICATES: Certificate Of Occupancy: A document issued by the building official authorizing the occupancy and use of completed buildings, structures or premises and the proposed use thereof for the purpose of ensuring compliance with the provisions of this title and other adopted codes and regulations. Certificate Of Zoning Compliance: Before issuing a building permit for any new residential, multi-family, commercial or industrial use or for a change of occupancy, the city’s building official shall obtain a decision of the city’s Mayor or the Mayor’s designee whether or not the proposed use complies with the city’s zoning code, as set forth in this title. If the Mayor or the Mayor’s designee determines that the use is not in compliance with the zoning code, then the building permit will not be issued until compliance is obtained. Once a building permit is issued, it shall serve as the certification of compliance with applicable zoning regulations of the city as to the intended use. The decision of the Mayor or the Mayor’s designee can be appealed by an aggrieved party as provided in this chapter. Notice Of Noncompliance: A document issued by the Mayor or the Mayor’s designee indicating that a use or structure is nonconforming to the district regulations or is not in conformity with other conditions or requirements of this title. Zoning Review: The review process described in sections 8-13-1 and 8-13-3 of this title.

8-3: ESTABLISHMENT OF ZONES:

8-3-1: DESIGNATION OF ZONES:

In order to accomplish more fully the objectives and purposes of this title, the city of Minidoka is hereby divided into zones which shall be known by symbols and/or names as follows:

Short Title	Zone
AL	Agricultural low
RL	Residential low density
RM	Residential medium density
RH	Residential high density
CL	Commercial local
CG	Commercial general
IL	Industrial light
IH	Industrial heavy
FP	Floodplain overlay

8-3-2: ZONING MAP:

The location and boundaries of each of the zoning districts and special overlay districts are hereby established as are shown on the zoning map of the city of Minidoka. All boundaries, notations and other data shown thereon are as much a part of this title as if fully described herein. Said zoning map, properly attested, shall be placed and remain on file in the office of the city clerk. The zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the following words: I hereby certify that this is the official City of Minidoka, Idaho Zoning Map which was adopted by the City Council on the         day of ,    .

8-3-3: REGULATIONS:

Within each of the zones, the height, number of stories, and the size of buildings and structures, and percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density or population and the location and use of buildings, structures and land for trade, industry, residence or other purposes are hereby regulated and restricted as set forth in this title or as may be amended.

8-3-4: BOUNDARIES OF ZONES:

Where uncertainty exists with respect to the boundaries of zones, the following rules shall apply:

A. When indicated boundaries of the zone map are adjacent to street or land survey lines, said street or land survey lines shall be construed to be the zone boundaries.

B. Where the indicated boundaries are adjacent to canals, natural streams or watercourses, or other clearly defined, natural features, the centerline of said canal, natural stream, watercourse or natural feature shall be construed to be the zone boundary.

C. In the absence of any street, land survey, canal, natural stream, watercourse or other natural feature or measurement as forming the boundaries of any zone, the scale or measurement shown on the map shall be used to determine the zone boundary lines.

D. Whenever a street is vacated and that street has not been given a zone classification, the land of the vacated street shall have the same zone classification as the land adjacent or abutting land owned or on the same side of the centerline of the former street to whom such land reverts or in whom said land becomes vested by operations of law or otherwise.

E. In every case where small parcels of territory have not been specifically included within a district through errors in legal description, or where territory becomes a part of the city by incorporation or by inclusion in area of impact of the city, such territory shall automatically retain its existing use classification, until otherwise classified.

F. In case of conflict between the text and the maps of this title, the maps shall prevail. In case of a conflict between the provisions of the various sections of the text of this title, the most stringent provisions shall prevail.

G. Where other uncertainty exists, the Mayor or the Mayor’s designee shall interpret the map.

8-3-5: CONFORMITY AND GENERAL INTENT:

Except as otherwise provided herein, land, buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for the district and the following general provisions:

A. No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage or smaller yards or open spaces about it than permissible under the limitations set forth herein for the district in which such buildings are located.

B. No yards, open spaces or off street parking space or loading space existing or provided hereafter about any building shall be reduced below the minimum requirements hereinafter set forth for such open space, parking space or loading space, or further reduced if already less than said minimum requirements.

C. No open space, yard or off street parking space or loading space existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this title shall be considered as all or part of the yard, open space, off street parking space or loading space required for any other building or upon any other lot.

D. No lot held under one ownership at the effective date hereof shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this title, and if already less, the dimension or area of such lot shall not be further reduced except by subdivision property approved by the city.

E. If any development, building or structure shall be over any recorded or known easement, a letter of approval from the grantee of said easement must be submitted with the plan specifying that said development, building or structure does not infringe upon said easement.

F. No facility or use can be permitted in residential areas unless it is clearly demonstrated that the proposed use will not result in smoke, dirt, litter, smog, air or water pollution, excessive noise or offensive odors beyond the boundaries of the property on which the facility is located.

8-4: GENERAL PURPOSES OF ZONES:                     

8-4-1: AGRICULTURAL LOW ZONE (AL):

The purpose of this agricultural zone is intended to provide areas for low density or residential development that maintain a rural environment with continuation of limited or light agricultural uses where compatible with each other. It is appropriate to be applied to areas which have, by nature of uses and land division activity, already begun a conversion from rural to urban use, primarily in the outer portions of the rural-urban fringe areas where public facilities and services will be necessary before intensive urbanization should occur, and in rural land with marginal suitability for agricultural production.

8-4-2: RESERVED:

8-4-3: RESERVED:

8-4-4: RESIDENTIAL LOW DENSITY ZONE (RL):

The purpose of this zone or district is to permit the establishment of low density single-family housing areas designated to contain a range from one to eight (8) units per acre.

8-4-5: RESIDENTIAL MEDIUM DENSITY ZONE (RM):

The purpose of this zone or district is to permit the establishment of medium density multiple-family dwellings not exceeding fourplex type apartments. This zone or district is also designed to permit the conversion of large older houses and will allow the establishment of neighborhoods into apartments.

8-4-6: RESIDENTIAL HIGH DENSITY ZONE (RH):

The purpose of this zone or district is to permit the establishment of high density housing areas. This zone or district may act as a buffer between various nonresidential uses and less dense residential uses, thus serving as a transitional use.

8-4-7: COMMERCIAL LOCAL ZONE (CL):

The purpose of this zone or district is to provide for areas suitable to fulfill the need for travel related services, retail sales and professional offices as well as neighborhood or local commercial services throughout the city and its area of impact. This zone or district is established to encourage the development of convenience business uses, which tend to meet the daily needs of the residents of the immediate neighborhood and for pedestrian patrons. The zone is also designed to act as a buffer between other more intense nonresidential uses and residential uses.

8-4-8: COMMERCIAL GENERAL ZONE (CG):

The purpose of this zone or district to provide for and encourage the grouping together of business, retail, public, quasi-public, and

The purpose of this zone or district to provide for and encourage the grouping together of business, retail, public, quasi-public, and other related uses with minimal light industrial uses capable of being operated under such standards as to location and appearance of buildings and treatment of land around them that they will be unobtrusive and not detrimental to surrounding commercial or residential uses. The light industrial uses permitted in this zone are manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare operated entirely within enclosed structures which generate little industrial traffic. This zone or district is further designed to accent a transitional use between industrial uses and other less intense business and residential uses.

8-4-9: INDUSTRIAL LIGHT ZONE (IL):

The purpose of this zone is to provide for the location of manufacturing or other industrial uses which are duly controlled operations that do not generate smoke, noise, vibration, dust, odor, glare, gas, light, air pollution or water pollution beyond the district boundary. This zone is characterized by warehouses, wholesale storage areas, packaging and assembling plants. The district is further designed to accent a transitional use between heavy industrial uses and less intense general commercial uses.

8-4-10: INDUSTRIAL HEAVY ZONE (IH):

The purpose of this zone is to provide for the location of manufacturing and other industrial uses which usually contain heavy manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites where the byproducts of such use include emittance of nuisances such as smoke, noise, vibration, dust, odor, glare, gas, light, air pollution or water pollution beyond the district boundaries which may have a detrimental effect on neighboring property. These uses require extensive community facilities and isolation from residential and commercial uses and also require reasonable access to arterial thoroughfares.

8-5: REGULATIONS WITHIN ZONES:

8-5-1: COMPLIANCE WITH REGULATIONS:

The regulations of each zone set forth by this title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

A. No building, structure or land shall be used or occupied and no building or structure or a part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the zone in which it is located;

B. No building or other structure shall be erected or altered:

1. To provide for greater height or bulk;

2. To accommodate or house a greater number of families;

3. To occupy a greater percentage of lot area; or

4. To have narrower or smaller rear yards, front yards, or other open spaces than herein allowed or required, as the case may be, or any other manner contrary to the provisions of this title; and

C. No yard or lot existing at the time of passage of this title shall be reduced in dimension of area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall be at least the minimum requirements set forth herein.

8-5-2: SCHEDULE OF ZONING REGULATIONS ADOPTED:

A. Zoning Regulations: Zoning regulations shall be as set forth in the official schedule of zoning regulations and in the performance standards, chapter 6 of this title. To determine in which zone a specific use is allowed, it is necessary to find the use and read across the schedule until either the letter “P”, “N” or the letter “S” appears in one of the columns. If the letter “P” appears, the use is an allowed use, if the letter “S” appears, the use is only allowed upon the issuance of a special or conditional use permit and if the letter “N” appears, the use is not permitted in that zone or district. All uses listed in the schedule will be considered public and/or commercial unless specifically designated as private, public or commercial.

B. Unlisted Land Uses: The administrator or his/her designee shall interpret the appropriate district for land uses not specifically listed by determining the district in which similar uses are permitted. Such other similar uses shall not be inconsistent with the purpose of the district, shall not impair the present or potential use of properties in the surrounding areas and shall not have any different or more detrimental effect upon the adjoining neighborhood areas or districts than the specifically listed buildings and uses. When several combined uses exist, or are proposed, the most intensive shall be considered as the primary activity. Where a use is proposed and ambiguity exists concerning the appropriate district or procedure for the establishment of that particularly proposed use, said use may be established by obtainment of a special use permit in accordance with the provisions of this title until such time as this section is amended to specifically include such use.

OFFICIAL SCHEDULE OF ZONING REGULATIONS

Key to symbols: P = Permitted use, S = Special use, N = Not permitted. Zoning districts: AL = Agricultural low, RL = Residential low, RM = Residential medium, RH = Residential high, CL = Commercial local, CG = Commercial general, IL = Industrial light, IH = Industrial heavy.

Agricultural activities^2,4:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Agronomy and crop consulting services	N	N	N	N	P3	P	P	P
Alcohol production plants	N	N	N	N	N	S	S	S
Animal hospital	N	N	N	N	S1	P1	P	P
Dairy product processing	N	N	N	N	N	N	P1	P
Grain and seed processing	N	N	N	N	N	N	P1	P
Greenhouses	S	N	N	N	S	P	S	N
Kennels, commercial	N	N	N	N	N	S	S	S
Kennels, noncommercial	P	S	N	N	S	P	P	P
Livestock feed processing	N	N	N	N	N	N	S	S
Livestock sales	N	N	N	N	N	N	S	S
Meat product processing	N	N	N	N	N	N	S1	S
Plant and flower nurseries	S	N	N	N	S	P	S	S
Vegetable and produce processing	N	N	N	N	N	N	P	P
Veterinarian	N	N	N	N	S1	P1	P	P
Family food production (family garden)	P	P	P	P	P	P	P	P
Farms, animals confined2	P	N	N	N	N	N	N	N
Farms, animals on pasture	P	P	N	N	N	N	P	P
Farms, plants and trees	P	N	N	N	N	N	P	P
Farms, produce and other farm products	P	N	N	N	N	N	P	P

Notes:

1.   Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

2.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

3.    Offices only.

4.    Any enterprise customarily carried on in the field of general agriculture, which is not obnoxious or detrimental to the public.

Communications and Utilities¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Electrical distribution lines	P	P	P	P	P	P	P	P
Electrical generation	N	N	N	N	N	N	S	S
Electrical transmission lines	S	N	N	N	N	S	S	S
Media transfer/booster stations2	S3	S3	S3	S3	P3	P	P	P
Radio and television stations	N	N	N	P3	P3	P	P	P
Telecommunication towers:
Camouflaged towers	S5	N	N	S5	S5	S5	S5	S5
Tower/antenna farms	N	N	N	N	N	S5	S5	S5
Towers less than 90 feet in height	S5	N	N	N	N	S5	S5	S5
Towers over 90 feet in height	S5	N	N	N	N	N	S5	S5
Telephone exchange stations	S3	S3	S3	S3	P3	P	P	P
Transmission lines, aboveground	P	P	P	P	P	P	P	P
Transmission lines, underground	P	P	P	P	P	P	P	P
Utility buildings and structures	S4	S4	S4	S4	S4	P	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. To facilitate for location of telecommunication equipment on existing towers or structures, media transfer or booster stations will be permitted uses when located immediately adjacent to such existing towers or structures.

3. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

4. Utility buildings and structures less than 50 square feet in area and less than 3 feet above the natural grade or utility buildings adjacent to and connected to an existing approved transmission tower are permitted uses.

5.    Must comply with permitted uses when located immediately adjacent to such existing towers or structures.

Cultural Facility:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Aquariums	N	N	N	S	P1	P	P	P
Botanical gardens, arboretums	S	S	S	S	P	P	P	P
Historical sites, monuments	S	S	S	S	S	P	P	P
Libraries, galleries	N	S	S	S	P	P	P	N
Museum	N	S	S	P	P	P	P	N
Planetariums	N	N	N	S	P1	P	P	P
Zoos	N	N	N	N	S	S	S	S

Notes:

1. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

Manufacturing²:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Ammunition	N	N	N	N	N	S	S	S
Apparel and related products	N	N	N	N	S1	P1	P	P
Asphalt plant	N	N	N	N	N	N	S	S
Asphalt plant, temporary	S	N	S	S	S	S	S	S
Building materials	N	N	N	N	N	P1-3	P3	P
Chemicals and chemical products	N	N	N	N	N	N	S1	S
Computer products	N	N	N	N	N	N	P	P
Concrete plant	N	N	N	N	N	N	N	S
Concrete plant, temporary	S	N	S	S	S	S	S	S
Concrete products	N	N	N	N	N	N	P1	P
Farm equipment	N	N	N	N	N	S1	P	P
Food products	N	N	N	N	N	S1	P1	P
Furniture and fixtures	N	N	N	N	N	P1	P	P
Gravel pits	N	N	N	N	N	N	N	N
Manufacture, compounding, bottling, processing, packaging, or treatment of food and beverage products	N	N	N	N	N	S	S	P
Metal products	N	N	N	N	N	N	S1-3	P
Mineral products	N	N	N	N	N	N	S1	P
Miscellaneous products	N	N	N	N	N	S	S1	S
Paper products	N	N	N	N	S1	S	P	P
Petroleum products	N	N	N	N	N	N	S1	S
Pharmaceutical products	N	N	N	N	N	S1	P	P
Printing and publishing	N	N	N	N	P1	P1	P	P
Professional and scientific products	N	N	N	N	P1	P1	P	P
Textile products	N	N	N	N	S1	P1	P	P
Trailers and truck beds	N	N	N	N	N	S1	P	P

Notes:

1. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

2.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

3.    All items shall be enclosed within sight obscuring walls or fences.

Parks¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Open spaces	P	P	P	P	P	P	P	P
Public parks and playgrounds	P	P	P	P	P	P	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

Public Assembly¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Amusement parks	N	N	N	N	S	S	S	S
Auditoriums	N	N	N	N	P	P	P	P
Churches	S	S	S	P	P	P	S	N
Concessions	N	N	N	N	S	P	P	P
Convention centers	N	N	N	N	P2	P	P	P
Dance halls (occupancy of 51 to 300)	N	N	N	N	N	P	P	P
Dance halls (occupancy over 300)	N	N	N	N	N	S	P	P
Exhibition halls	N	N	N	N	P2	P	P	P
Fairgrounds	N	N	N	N	N	N	P	P
Riding arenas, private	P3	N	N	N	N	S2	S	S
Riding arenas, public	S	N	N	N	N	N	S	S
Sports arenas	N	N	N	N	S2	P	P	P
Theaters	N	N	N	P	P	P	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

3.    Private riding arenas are for the personal use of the owners, owner’s family and friends where no commercial gain is realized.

Residential Land Uses¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Home Occupation	P	P	P	P	P	P	P	P
Manufactured Home, Class A	P4	S4, 6	S4, 6	S4, 6	S4, 6	S4, 6	S4, 6	N
Manufactured Home, Class B	P4	S4, 6	S4, 6	S4, 6	S4, 6	S4, 6	S4, 6	N
Manufactured Home, Class C9 and Manufactured Home, nonconforming	N10	N10	N10	N10	N10	N10	N10	N10
Multi-Family Dwellings	N	N	S2, 8	P3, 7, 9	S3, 7	S3, 7	N	N
One-Family Dwelling	P5, 6	P5, 6	P5, 6	P7	P7	P7	P7	S7
Temporary Mobile Home	N	N	N	N	N	N	N	N
Townhouses	N	N	S2, 8	P3, 7, 9	P3, 7	P3, 7	N	N
Two-Family Dwelling (Duplex)	N	N	S8	P7, 9	P7	S7	N	N
Commercialized Residential:
Apartments/Townhouses/ Multi-Family Dwellings (5 or more units per building)	N	N	N	S7, 9	P7	P7	S7	N
Assisted Living Facilities	N	N	S	S	S	S	S	N
Bed and Breakfast/Boarding House	N	S	S	P	P	P	S	N
Condominiums	N	N	P2, 8	P2, 8	P	P	S	N
Congregate Residence	N	N	S	S7	P7	P7	S7	N
Hotel/Motel	N	N	N	S	P	P	P	S
Manufactured Home Park and Mobile Home Park	N	N	S4, 10	S4, 10	S4, 10	S4, 10	N	N
Rooming House	N	N	S	P	P	P	S	N
RV Park (recreational vehicle)	N	N	N	S	S	S	S	N
Retirement Home/Senior Housing	N	N	P2, 8	P3, 7, 9	P7	P7	S7	N
Shelter Home	N	N	S	S7	S7	S7	S7	N

Notes:

1.     Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2.     Maximum of 2 dwelling units per building.

3. Maximum of 4 dwelling units per building.

4. Manufactured homes meeting the requirements of Class A or B (refer to 8-2-2 definitions) and conforming to zoning identified in this table are allowed, but are subject to meeting the requirements of the State of Idaho (ID-DOPL Licensed Installer, Proof of up- to-date taxes from previous location, etc.), U.S. Housing and Urban Development manufacturing requirements, and any other agencies that may have jurisdiction on the building, transport, and installation of the structure.

5.     Specific regulations for inclusion of attached accessory structures: a. Intended use as independent suite/wing/attachment, also known as father/mother-in-law quarters, maid quarters, guest quarters, etc. b. Must have direct access to the inside of the home, and the lost must sill continue to comply with all coverage, set-backs, and height regulations for its zoning district (see 8-5-3). c. Allowed to have bedroom(s), bathroom(s), kitchenette (without 220 V-AC), laundry facilities, and separate access to the outside. d. Not allowed to have a separate mailbox, address, or utility connections (water, sewer, electric). e. Additional on-site parking is recommended but not required.

6.     Specific regulations for a detached accessory residential guest house: a. Intended for temporary use stay by family, friends, and associates. b. Lot must still comply with all set-back, coverage, and height regulations for its zoning district (see 8-5-3). c. Only one (1) detached accessory guest house structure is allowed per lot in addition to the primary structure. Other non- habitable structures such as a shop or shed may be allowed in addition to the guest house; refer to item 6.b. above. Note: in most cases the “primary structure” is an existing home. d. Allowed to have bedroom(s), bathroom(s), kitchen, laundry facilities, and parking facilities. e. Not allowed to have a separate mailbox, address, or have more than 2,000 SF (not including the garage). f. May be allowed to have a separate driveway and utility connections if the site configuration and existing utilities facilitate the improvements.

7. More than one residential building (single family or multi-family) is allowed on the lot/property provided it complies with the requirements for its zoning district (see 8-5-3).

8.     Floor Plan Livable Space must be at least 1,200 square feet for each unit (as measured to the outside of the walls).

9.     Floor Plan Livable Space must be at least 1,000 square feet for each unit (as measured to the outside of the walls).

10.     Manufactured Homes, Class C and Non-Conforming: a. Are not allowed by themselves on a City lot, but may be located in a Mobile Home Park Subdivision. b. Must be newer than 15 June 1976 and comply with all other State of Idaho requirements, U.S. Housing and Urban Development requirements, and requirements of any other agency with jurisdiction.

Services¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Advertising	N	N	N	S3	P3	P	P	P
Apparel repair and alteration	N	N	N	S	P2	P	P	P
Automobile rental	N	N	N	S	P	P	P	P
Automobile repair	N	N	N	N	S2	P2	P	P
Automobile wrecking yard	N	N	N	N	N	N	S	P
Beauty and barber	N	N	N	P	P	P	P	P
Billboards1	N	N	N	N	S	S	S	P
Building care contracting	N	N	N	P2	P2	P	P	P
Business associations	N	N	N	S3	P2	P	P	P
Car wash	N	N	N	S	P	P	P	P
Cemetery	S	N	N	N	S	S	S	S
Civic, social, and fraternal organizations	N	N	N	S2	P	P	P	S
Construction trades	N	N	N	N	P3	P2	P	P
Consumer, credit, collection	N	N	N	S3	P3	P	P	S
Copy or duplication center	N	N	N	S3	P	P	P	S
Dance, music, voice studio	S2	N	S2	S	P2	P	P	S
Daycare/day nursery (commercial)4	S	N	N	S	S	S	S	N
Daycare – home occupation (1 – 6 children)5,6	P	P	S	S	S	N	N	N
Daycare – home occupation (7 – 12 children)6	S	S	S	P	P	S	N	N
Employment	N	N	N	S3	P3	P	P	P
Equipment rental	N	N	N	N	P2	P	P	P
Finance and investment	N	N	N	S	P	P	P	P
Frozen food lockers	N	N	N	S	P	P	P	P
Governmental facilities	N	N	N	S3	P3	P	P	P
Health club	N	N	N	S	P	P	P	P
Hospitals, clinics, and related services	N	N	N	S	P	P	S	N
Hotel/Motel	N	N	N	S	P	P	P	S
Industrial waste or produce water ponds	N	N	N	N	N	N	S	S
Insurance and related	N	N	N	S	P	P	P	P
Labor union and organizations	N	N	N	S3	P2	P	P	P
Landscaping	S	N	N	N	S	P	P	P
Laundering and dry cleaning	N	N	N	S	P	P	P	P
Laundromats	N	N	N	S	P	P	P	P
Mortuary/crematorium	S	N	N	S	P	P	P	N
News syndicate	N	N	N	N	P3	P	P	P
Nursing and rest homes	S	N	N	S	P	P	S	N
Photo labs	N	N	N	S	P	P	P	P
Photography studios	N	N	S	S	P	P	P	P
Professional	N	N	N	S3	P3	P	P	N
Professional organizations	N	N	N	S3	P2	P	P	P
Real estate and related	N	N	N	P3	P3	P	P	P
Religious facilities	S	S	S	P	P	S	S	N
Rendering plant	N	N	N	N	N	N	S	S
Salvage or automobile wrecking yard	N	N	N	N	N	N	S	S
Schools, academic and vocational, public	S	S	S	S	P	P	S	N
Schools, commercial/private	S	S	S	S	P	P	S	N
Schools, public	S	S	S	S	P	P	S	N
Sewage lagoons	N	N	N	N	N	N	N	S
Small appliance repair2	N	N	N	N	P1	P	P	P
Small engine repair2	N	N	N	S	P	P	P	P
Storage rentals	S2	S7	S7	S2	P2	P	P	P
Telemarketing	N	N	N	N	P	P	S	N
Tire shop	N	N	N	N	S2	P2	P	P
Truck and tractor repair (agricultural)	N	N	N	N	S2	P2	P	P
Truck and tractor repair (commercial)	N	N	N	N	N	P2	P	P
Upholstery repair	N	N	N	S2	P2	P	P	P
Welfare and charitable	N	N	N	S3	P2	P	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

3.    Offices only.

4.    Denotes a commercial daycare of 13 plus children and/or “not at home” occupation or a purposeful commercial operation.

5.    Operations in existence before May 1, 2000, providing care for 7 plus children do not require a CUP in AL/RL or RM districts.

6.    A caregiver’s children under age 6 count against the number of daycare children allowed.

7. Storage rental facilities developed in conjunction with the platting and approval of new subdivisions or planned unit developments may be permitted for the number of units not exceeding the number of developable lots, with the approval of a special use permit.

Signs¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Commercial	N	N	N	N	P	P	P	P
Directional/informational	P	P	P	P	P	P	P	P
Home	P	P	P	P	P	P	P	P
Property	P	P	P	P	P	P	P	P
Public	P	P	P	P	P	P	P	P
Temporary	P	P	P	P	P	P	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

Shoreline Development^1,3,4:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Boat dock (attached)	S	S	S	S	S	S	S	S
Boat dock (unattached)	P	P	P	P	P	P	P	P
Boat launch/ramp	S	S	S	S	S	S	S	S
Boathouse2	S	S	S	S	S	S	S	S
Dredging, grading, filling, or other earthmoving activity	S	S	S	S	S	S	S	S
Retaining wall	S	S	S	S	S	S	S	S

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Boathouse: Will be limited to 1 on premises boathouse for each lot and will not exceed a height of 15 feet and will not exceed a horizontal area of 400 square feet and will not be located closer than 10 feet to any property line.

3. Will require permits and/or approval from other regulatory agencies including, but not limited to, Idaho Department of Lands, U.S. Army Corps of Engineers, Idaho Department of Water Resources, Idaho Department of Fish and Game, U.S. Bureau of Reclamation, Idaho Power Company.

4.    All shoreline development special use applications are $75.00.

Sports Facilities Land Uses¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Athletic areas	S	S	S	S	P	P	S	N
Bicycleway	S	S	S	S	S	S	S	N
Car racing track	N	N	N	N	N	N	S	S
Equestrianway	S	N	N	N	N	N	S	S
Go-cart tracks	S	N	N	N	S	S	S	S
Golf courses and country clubs	S	S	S	S	P	P	S	N
Golf driving ranges	S	S	S	S	P	P	S	N
Horseracing track	S	N	N	N	N	N	S	S
Ice or roller skating	N	N	N	S	P	P	S	N
Indoor recreational facility	S	N	S	S	P	P	P	P
Miniature golf	S	N	N	S	S	P	P	P
Motorcycle racing track	S	N	N	N	N	N	S	S
Paintball park or facility	N	N	N	S2	P2	P	P	P
Riding stable and schools3	S	N	N	N	N	N	S	S
Rifle and pistol range1	S	N	N	N	N	N	S	S
Skateboarding facilities/parks	N	N	N	S	P	P	S	N
Swimming pools, commercial and public	S	N	N	S	P	P	P	N
Tennis courts, commercial	S	S	S	S	P	P	P	N
Tennis courts, private	P	P	P	P	P	P	P	P
Tennis courts, public	S	S	S	S	P	P	S	N

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

3.    Private riding arenas are for the personal use of the owners, owner’s family and friends where no commercial gain is realized.

Trade – Retail¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Alcoholic beverages, served	N	N	N	S	P	P	P	P
Alcoholic beverages, sold only	N	N	N	N	P	P	P	P
Apparel and accessories	N	N	N	S	P	P	P	P
Automobiles and trucks	N	N	N	N	S	P	P	P
Building material, hardware	N	N	N	N	P2	P	P	P
Bulk fertilizer and farm chemicals	N	N	N	N	N	S	P	P
Convenience store	N	N	N	S	P	P	P	P
Drive-in establishments	N	N	N	S	S	P	P	P
Eating places	N	N	N	S	P	P	P	P
Farm and garden supplies	N	N	N	S2	P2	P	P	P
Food, drugs, liquor, etc.	N	N	N	S	P2	P	P	P
Gasoline service stations	N	N	N	S2	S2	P	P	P
General merchandise	N	N	N	S	P2	P	P	P
Home furnishings, appliances	N	N	N	S	P	P	P	P
Irrigation sales	N	N	N	N	S	P	P	P
Large implements and heavy equipment	N	N	N	N	S	P	P	P
Manufactured home sales	N	N	N	N	P3	P	P	P
Petroleum	N	N	N	N	N	P2	P	P
Sporting goods	N	N	N	N	P	P	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

3.    Offices only. Land Uses                             Zoning Districts

Trade – Wholesale^1,3:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Above grade bulk storage – combustible or flammable liquids3,4	N	N	N	N	N	N	N	S
Below grade bulk storage – combustible or flammable liquids4	N	N	N	N	S	S	S	P
Bulk fertilizer and farm chemicals4	N	N	N	N	N	S	P	P
Bulk storage – combustible or flammable gases4	N	N	N	N	S	S	S	P
Wholesale distribution and warehousing	N	N	N	N	N	P2	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

3. Tanks not exceeding 3,300 gallons used strictly for the storage of “III B” liquids or tanks as defined in the international fire code, designed and approved with appropriate safeguards specifically for above grade use may be permitted when approved by the fire chief.

4.    Shall have an approved risk management plan for all hazardous materials.

Transportation¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Airfields (private)	S	N	N	N	N	S	S	S
Airfields (public)	S	N	N	N	N	S	S	S
Automobile open parking lot	N	N	N	S	P	P	P	P
Bus facilities, excluding pick up shelters	N	N	N	N	S2	P2	P	P
Bus pick up shelters	S	S	S	S	P	P	P	P
Freight transfer	N	N	N	N	N	P2	P	P
Helicopter landing pad	S	N	N	N	N	S4	S4	S4
Railroad buildings and equipment	N	N	N	N	S3	S	P	P
Tickets and arrangements	N	N	N	S3	P3	P	P	P
Truck and bus open parking lot	N	N	N	N	N	P	P	P
Trucking facilities	N	N	N	N	P3	P3	P	P

Notes:

1.    Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Providing all materials and equipment are kept inside of an enclosed building and providing all work is performed inside an enclosed building.

3.    Offices only.

4. Helicopter landing pads will be permitted in the zoning districts only by special use permits. Permits are required when associated with hospitals or other emergency related service provider.

Subdivision¹:

Land Use	AL	RL	RM	RH	CL	CG	IL	IH
Subdivision, commercial	N	N	N	N	P	P	S	S
Subdivision, industrial	N	N	N	N	N	N	P	P
Subdivision, manufactured home3	S	N	S	S	S	N	N	N
Subdivision, mixed use2	N	P	P	P	P	P	S	S
Subdivision, residential	P	P	P	P	S	N	N	N

Notes:

1. Must comply with separate and/or additional requirements of this title and other applicable ordinances.

2. Subdivision, Mixed Use: is a subdivision of a parcel into two or more lots that have different zoning classifications. All zoning classifications within this subdivision must fall within a range of five adjacent classifications. For example, a range from RM to IL would be acceptable, but RL to IL would not be acceptable (a span of six classifications). If the land to be used is large enough and a wider span of classifications is contemplated, then a PUD should be considered.

3. Manufactured Home Parks and Mobile Home Parks are permitted with a special use permit. a. If the roads and utilities are to become public (accepted and maintained by City), then minimum lot requirements apply (refer to 9-4-10), otherwise utilities and access shall be private. b. New Manufactured Home Parks that intend to include Class C and Non-conforming units shall be limited to 10 lots or less. 8-5-3: SCHEDULE OF HEIGHT AND AREA REGULATIONS ADOPTED:

8-5-3: SCHEDULE OF HEIGHT AND AREA REGULATIONS ADOPTED:

Zoning height, area, and setback regulations shall be set forth in the official schedule of height and area regulations.

OFFICIAL SCHEDULE OF HEIGHT AND AREA REGULATIONS

The following setbacks and minimum yard requirements shall apply in the respective zones. Setbacks shall be measured from property lines unless a property line is in the center of the road or street, in which case setback shall be measured from the road or street right of way. Setbacks shall be measured to the wall of a structure with projections of twenty four inches (24″) or less; for walls with projections greater than twenty four inches (24″) setbacks shall be measured to the projections. Projections over a public way are governed by this title and the international building code.

Zoning District	Maximum Height1	Front Setback5	Rear Setback2	Interior Side Setback7	Side Street Setback6	Maximum Lot Coverage	Minimum Lot Area (Acres/Sq Ft)3
AL	35′	30′	5′	5′	30′	30%	1 acre4
RL	35′	20′	5′	5′	20′	30%	6,100
RM	35′	20′	5′	5′	20′	40%	3,000
RH	45′	20′	5′	5′	20′	50%	1,500
CL	35′	20′	5′	5′	20′	NR	2,500
CG	45′	0′	0′	0′	0′	NR	2,500
IL	60′	0′	0′	0′	0′	NR	2,500
IH	60′	0′	0′	0′	0′	NR	2,500

Notes:

1. Except for silos, granaries, windmills and elevator legs.

2. Any building on residential lots that has garage doors opening toward the alley to the rear of the property shall be set back 20 feet from the rear property line unless permanently posted for “No Parking” on doors opening to the alley. The “No Parking” signs shall be of letters no less than 4 inches in height and of a permanent material and nature.

3. When more than 1 dwelling unit is placed on the same lot, parcel or tract, the minimum lot area will be required per unit.

4. If central water or sewer is provided then the minimum lot size may be reduced to 1/2 acre.

5. Front and side street setbacks from streets located within an approved rural subdivision may be reduced to 20 feet from the applicable street right of way.

6. Side street setback may be reduced to 10 feet from the applicable street right of way within city limits or platted subdivisions when said side street is not a front street for more than 50 percent of the lots in the block in which the lot is located.

7. Interior side setbacks may be reduced to 1 foot for noncombustible detached carports which contain the roof storm runoff to the property on which it is located.

8-6: PERFORMANCE STANDARDS:

8-6-1: GENERAL:

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

8-6-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:

In addition to all yard regulations specified in the schedule of zoning regulations and in other sections of this title, the following provisions shall be adhered to:

A. Visibility At Intersections: On a corner lot in all districts where front and side setbacks are required, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (21/2) and ten feet (10′) above the centerline grades of the intersecting streets in the area bounded by the right of way lines of such corner lots and a line adjoining points along said street right of way twenty five feet (25′) from the point of intersection.

B. Fence And Wall Restrictions, Front Yards: In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard between the height of two and one-half feet (21/2′) and ten feet (10′).

C. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear, and two (2) side yards as specified for dwellings in the appropriate district.

D. Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40′) to any lot line of a residential district, except that the minimum yard requirements may be reduced if acceptable landscaping, screening or other mitigating feature approved by the council is provided.

E. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which such are attached and shall not project into the required minimum front, side or rear yard. Eaves of two feet (2′) or less shall be disregarded for setback purposes.

F. Exceptions To Height Regulations: The height limitations contained in the official schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structure will constitute a hazard to the safe landing and take off of aircraft at an established airport.

G. Residential Uses In Nonresidential Zones: Lots used for residential purposes in nonresidential zones shall be governed by setback and use restrictions of lots in residential zones.

H. Regulations For Buildings Adjacent To River: Buildings adjacent to the Snake River:

1. Will have a minimum setback measured horizontally from the high water mark of any impounded water of the Snake River of twenty feet (20′).

2. Will have a minimum elevation for any finished floor level or top of foundation of six feet (6′) measured vertically from the high water mark of any impounded water of the Snake River.

3. Will have a minimum elevation for the finished surface grade of the general area of which the septic system drainfield will be installed of six feet (6′) measured vertically from the high water mark of any impounded water of the Snake River. The septic system drainfield shall also be located on the opposite side of the building from the river unless located no less than three hundred feet (300′) horizontally from the high water mark of the river.

8-6-3: SUPPLEMENTAL GENERAL PROVISIONS:

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

A. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:

1. The building to be converted is located in a zoning district that permits the applicable multi-family use;

2. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;

3. The lot area per unit equals the lot area requirements for new structures in that district;

4. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and

5. The conversion is in compliance with all other relevant codes and ordinances.

B. Temporary Buildings And Concession Stands: Temporary buildings, construction trailers, equipment and materials may be used in conjunction with construction work in progress, but such temporary facilities shall be removed upon completion of the construction work. Temporary living accommodations shall not be permitted at a construction site unless approved by the administrator, proper permits are obtained and approved, and the temporary unit is removed immediately upon completion of the construction project. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning approval authorized by the administrator as set forth in section 8-13-1 of this title. Concession stands may not be located on private property in any residential zone.

C. Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building or carport; however, one boat and one travel trailer may be stored in the side or rear yard.

D. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid or sight obscuring fence or wall of at least four feet (4′) in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided.

E. Permits For Private Septic Systems Required: All persons putting in private septic tanks and drainfields shall first obtain a sewer system permit from the health authority before building permits may be issued as well as any zoning review to be conducted as set forth in the definition of “zoning review and certificates” in section 8-2-2 of this title. All septic systems shall be installed to the requirements as established by the state, federal, and local governments and as administered by the health authority. Septic tanks and drainfields are not permitted where city sewer service is reasonably available.

F. Development Close To An Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas as required by the state department of transportation, division of aeronautics and public transportation, and the federal aviation administration.

8-6-4: PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES:

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

A. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the adopted fire code and the national fire protection agency standards;

B. Odors Or Air Pollution: The emission of obnoxious odors of any kind, as well as any toxic or corrosive fumes or gases including, but not limited to, dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon or particulate matter or any combination thereof is not permitted as defined by IDAPA 58 – department of environmental quality (DEQ) specifications and/or standards;

C. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point. No electrical disturbance shall adversely affect the operation of any equipment at any point beyond the property of the emitter of such disturbance;

D. Noise: Objectionable noise as determined by the administrator, which is objectionable due to volume, frequency or beat, shall be muffled or otherwise controlled. Sirens and similar apparatus used solely for public purposes are exempt from this requirement;

E. Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property;

F. Glare: No direct or reflected glare shall be permitted which is directed toward and visible from any property outside a manufacturing district or from any street;

G. Erosion: No erosion, by man, wind, or water, shall be permitted which will carry objectionable substances onto neighboring properties;

H. Water Pollution: Water pollution shall be subject to the requirements and regulations established by state and federal law;

I. Hazardous Chemical, Hazardous Material, Storage, Use And Dispensing Facilities: Facilities storing, transferring or otherwise using hazardous materials as defined in occupational safety and health administration (OSHA) and/or the Mayor’s office of transportation (DOT) specifications and/or standards shall be required to provide to the city of Minidoka a risk management plan (RMP) for approval by the city of Minidoka demonstrating that a release of the hazardous substance(s) does not pose a threat to the public and must be submitted with any construction documents or submittals that are presented for any zoning and/or building permit application. As a minimum, the hazard assessment shall include the preparation and reporting of worst case release scenarios for each structure under consideration, showing the potential effect on the public for each. As a minimum, the worst case event shall include the complete failure (instantaneous release of entire contents) of a vessel, piping system, or other storage structure. A worst case event includes, but is not limited to, a release during the design wind or design seismic event as well as accidental damage caused by equipment or vehicles either by impact or failure. In this assessment, the evaluation of the effectiveness of subsequent measures for accident mitigation shall be based on the assumption that the complete failure of the primary storage structure has occurred. The off site impact must be defined in terms of population within the potentially affected area. As a minimum, the prevention program shall consist of the comprehensive elements of process safety management, which is based upon accident prevention through the application of management controls in the key areas of design, construction, operation, and maintenance. Secondary containment of the hazardous substances (including, but not limited to, double wall tank, dike of sufficient size to contain a spill, or other means to contain a release of the hazardous substances within the property boundary of the facility and prevent release of harmful quantities of contaminants to the air, soil, groundwater, or surface water) are permitted to be used to mitigate the risk of release. The hazard assessment shall demonstrate that a release of the hazardous material from a worst case event does not pose a threat to the public outside the property boundary of the facility. As a minimum, the emergency response plan shall address public notification, emergency medical treatment for accidental exposure to humans, and procedures for emergency response to releases that have consequences beyond the property boundary of the facility. The emergency response plan shall address the potential that resources for response could be compromised by the event that has caused the emergency.

J. Enforcement Provisions: The administrator, prior to granting zoning approval as set forth in section 8-13-1 of this title, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances; and

K. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the United States bureau of mines, the health authority and the Manufacturing Chemists Association, Inc., Washington, DC.

8-6-5: RESERVED:

8-6-6: PROVISIONS FOR UNIQUE LAND USES:

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

A. Accessory Building In Residential Zones:

1. Will not be located in any required front yard area; and

2. Will not be located closer than five feet (5′) from any side or rear property line.

B. Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300′) from any residence including motels and hotels, except for an owner’s residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property and will comply with all state and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

C. Meatpacking, Processing Plants And Slaughterhouse Facilities:

1. Will be located not less than one thousand feet (1,000′) from any residence, except for an owner’s residence. This restriction may be waived if affected property owner gives written permission to the council;

2. Will be designed and located with full consideration to their proximity to adjacent use, their effect upon adjacent and surrounding properties, and to the reduction of nuisance factors; and

3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.

D. Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:

1. Will be located at least three hundred feet (300′) from a residential zone, a residence, motel, and hotel, except for an owner’s residence;

2. Will be erected subject to the approval of the fire chief or fire marshal; and

3. Will have suitable loading and unloading spaces and off street parking facilities, subject to the approval of the fire chief or fire marshal.

E. Chemical, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal.

F. Contractor’s Yard:

1. Will be located a minimum distance of three hundred feet (300′) from any residence except for any owner’s residence; or will have a sight obscuring fence around areas utilized for storage of materials and equipment; and

2. Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

G. Drive-In Restaurant:

1. Will be maintained in a neat and orderly condition to prevent trash from moving onto other properties;

2. Will have a six foot (6′) high sight obscuring fence along the property lines that adjoin an existing residence or residentially zoned area;

3. Will provide for adequate trash receptacles; and

4. Will not direct night lighting toward any residence.

H. Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activity:

1. Will result in the smallest amount of bare ground exposed for the shortest time feasible;

2. Will 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 restrict a floodway, channel or natural drainageway;

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

7. Will not have below grade excavation except for drainageways within fifty feet (50′) of any lot line or public right of way; and

8. Will restore topsoil or loam to a depth of not less than four inches (4″).

I. Boathouse:

1. Will only be located within a shore lot;

2. Will be limited to one on premises boathouse for each shore lot;

3. Will not exceed a height of fifteen feet (15′);

4. Will not exceed a horizontal area of four hundred (400) square feet; and

5. Will not be located closer than ten feet (10′) to any property line.

J. Home Occupation:

1. No more than one 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 twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

3. There shall be no change in the outside appearance of any of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign as allowed in this chapter.

4. If the dwelling or an accessory building is used as a home office for a business that provides services at other locations, no storage of material or equipment will be allowed outside of an enclosed building. Temporary or overnight parking of licensed vehicles, used for related services at other locations, is permitted. Yards for storage of materials or equipment will not be considered as part of a home occupation and shall comply with the specific requirements of that use.

5. No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title, and shall not be located in a required front yard.

6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

7. Home occupations shall be conducted completely inside the dwelling, enclosed garage or other building accessory to the dwelling.

K. Manufactured Or Mobile Homes:

1. A manufactured or mobile home shall not be moved onto a site or occupied before a building permit has been issued;

2. At least one inspection after the permit is issued shall be to verify compliance with applicable zoning, health, installation, and building requirements;

3. A permit shall be required for all classes of manufactured homes and shall be in addition to any other required zoning, permit, or hookup fees;

4. Manufactured or mobile homes as defined in this title shall only be used for residential purposes; and

5. Manufactured or mobile homes that are no longer occupied and have become run down, dilapidated or deemed unsafe or a public nuisance shall be removed and/or disposed of at the owner’s expense.

L. Manufactured (Mobile) Home Parks Or Courts:

1. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity so that such use will not change the essential character of the same area;

2. Will not be hazardous or detrimental to existing or future neighboring uses;

3. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools, or the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;

4. Will be consistent with the intent and purpose of this title and the comprehensive plan;

5. Will have vehicular approaches to the property which shall be designed as not to create an interference with traffic in surrounding streets or roads;

6. Will not result in the destruction or damage of natural, scenic or historic features of major importance;

7. Will meet the minimum health standards as set forth and administered by the appropriate health authority;

8. Will have a minimum of eight feet (8′) separation between manufactured home units. Garages, carports or any other accessory buildings shall be located at least eight feet (8′) from all manufactured homes other than the one they are intended to serve;

9. Will provide two (2) off street parking spaces for each mobile home parking space; and

10. Will be a minimum total area of two (2) acres for the manufactured home park or court including common areas, buildings, and facilities.

M. Outdoor Storage Of Commercial And Industrial Materials:

1. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and

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

N. Riding Stables And Schools:

1. Will locate all stables or loafing sheds not nearer than one hundred feet (100′) from any residence, except for an owner’s residence. All facilities shall be set back a distance of thirty feet (30′) from any property lines;

2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers, and the factors of noise and odor; and

3. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.

O. Rifle And Pistol Range:

1. Will be designed with a backstop;

2. Will be designed to avoid a line of fire that is directed toward any residence or business within one mile;

3. Will incorporate landscaping that is compatible with the surrounding landscaping; and

4. Will provide supervision and security measures during periods of use.

P. Salvage Yard:

1. Will be completely enclosed by a solid six foot (6′) high sight obscuring fence;

2. Will not result in the storage of automobiles, junk or salvage material that is visible from any public right of way;

3. Will not result in the storage of materials that exceed the height of fence;

4. Will have landscaping that is compatible with the surrounding area; and

5. Will comply with other regulations or ordinances adopted by the appropriate jurisdiction.

Q. Abandoned, Junked Property: No person shall place, allow, discard, maintain, park or store for a period of time exceeding forty eight (48) hours any dismantled, abandoned, junked, damaged, unlicensed or destroyed motor vehicles, equipment, machinery or miscellaneous property. The provisions of this subsection shall not apply to any lawfully operated business when otherwise permitted and in compliance with this and all other applicable ordinances, or when said motor vehicles, equipment, machinery or miscellaneous property is housed entirely within an enclosed building.

R. Livestock: Unless otherwise regulated in this chapter or any other applicable ordinance the keeping of livestock shall comply with the following provisions:

1. On any lot, tract or parcel not zoned agricultural within the cities, city areas of impact, or any rural residential subdivision having an enclosed pasture of at least one-half (1/2) acre, fenced to hold or contain livestock, the owner, renter or occupant thereof may have not more than one head of horses, mules, cattle or any combination of said animals for each full one-half (1/2) acre of enclosed pasture; or, not more than two (2) swine or three (3) sheep or goats, or combination thereof for each full one-half (1/2) acre of enclosed pasture; or, such owner, occupant or renter may have and keep one horse, mule or head of cattle, or any of the same, in combination with two (2) swine or three (3) sheep or goats or combination thereof on each full one acre of enclosed pasture.

2. Reserved.

3. Waste and runoff shall be contained completely on the premises and not allowed to enter any river, stream, drain ditch, canal, or lateral. The keeping and maintaining of livestock and pets shall also comply with other livestock and animal control provisions of this title or other ordinances or regulations as adopted by the appropriate jurisdiction.

S. Reserved.

T. Refuse, Solid Waste, Stagnant Water: No person shall permit or suffer to be or accumulate in or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him within the city limits or area of impact, any stagnant or impure water, refuse, vegetable decay or decaying substance, human or animal discharge, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance.

U. Recreational Vehicles: It is prohibited to place and occupy a recreational vehicle on any lot or parcel except in an approved recreational vehicle or manufactured home park, subject to the following exceptions:

1. Temporary occupancy of up to fourteen (14) days of a recreational vehicle for use by friend or family of owner or occupant.

8-6-7: PROVISIONS FOR GOVERNING BILLBOARDS AND SIGNS:

The purpose of this section is to control and regulate the erection and maintenance of signs, in the interest of public safety, to promote and enhance property values, and to encourage the design of signs to be in harmony and compatible with the overall street or road setting and the neighborhood character.

A. Definitions: For purpose of this section, certain terms, phrases, or words used herein shall be defined in chapter 2 of this title.

B. Exempt Signs: The following types of signs, when not illuminated, do not require permits and are not subject to the general requirements of this section:

1. Directional or informational signs bearing no advertising message located within a parcel and signs not exceeding sixteen (16) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities;

2. Memorial signs or tablets and names of buildings and dates of erection when mounted on or cut into the surface or facade of the building;

3. Traffic or other county/city signs, signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board of county commissioners or the applicable city council;

4. Signs placed by public utilities showing the location of underground facilities;

5. Project or construction signs when referring solely to the principal use of the property;

6. Home signs located on the parcel of the applicable residence or home occupancy; and

7. Property and temporary signs.

C. Prohibited Signs:

1. No sign or sign structure, other than those approved by the jurisdiction having authority shall be placed upon any road or highway right of way; and

2. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display.

D. General Regulations:

1. In addition to the requirements herein provided the installation of signs and billboards shall be governed by applicable provisions of the currently adopted international building code.

2. Sign projections over a public right of way, if permitted, will be governed by the applicable standards as established by the authority having jurisdiction as well as provisions provided in this section.

3. No sign or sign structure shall be placed on private or public property without the written consent of the owners or agents thereof.

4. No sign facing the side or rear property line of an abutting residential property shall be located within fifty feet (50′) of such side or rear property line.

5. Flashing and/or animated signs shall be prohibited within three hundred feet (300′) of any residential zoning district.

6. For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign and its location shall govern:

a. No projecting sign shall be erected in the same horizontal plane with other projecting signs unless the sizes are spaced as set forth herein, measured center to center.

b. Projecting signs three feet (3′) or less in depth shall be spaced no less than ten feet (10′) apart.

c. Projecting signs more than three (3) to six feet (6′) in depth shall be spaced no less than twenty feet (20′) apart.

d. Projecting signs more than six feet (6′) in depth shall be spaced no less than thirty feet (30′) apart.

e. Any projecting sign erected at a shorter distance than required above shall be erected above the top edge or below the bottom edge of the blanketed sign.

E. Home Signs:

1. One accessory nameplate and home occupation sign or combination is permitted for each dwelling.

2. In RL, RM and RH zoning districts, the erection of such signs are subject to the following design standards:

a. Each sign shall not exceed four (4) square feet in area and may be illuminated by external illumination only.

b. Home occupation signs must be attached flatly to the building and must not exceed the height of the eave line.

3. In other than RL, RM and RH zoning districts, the erection of such signs are subject to the following design standards:

a. Each sign shall not exceed sixteen (16) square feet in area and may be illuminated by external illumination only.

b. Home occupation signs located in the front yard shall be positioned so as not to obstruct vision at intersections or for access driveways.

4. Any home occupation sign not complying with these provisions may be permitted only with the granting of a special use permit.

F. Billboards:

1. Billboards shall be permitted as established in the official schedule of zoning regulations only adjacent to state highways;

2. Billboards may be permitted as established in the official schedule of zoning regulations adjacent to other arterial streets or roads with the approval of a special use permit;

3. Billboards shall be located within one hundred feet (100′) of the street, road, highway or interstate right of way;

4. Billboards shall not exceed a height of fifty feet (50′) from the base of the sign or twenty five feet (25′) from above grade level of the right of way, whichever is less;

5. Billboards shall not exceed three hundred twenty (320) square feet in area;

6. Billboards may be allowed two (2) faces or back to back sign faces, provided there is no more than five feet (5′) separating the sign faces;

7. Billboards shall not be located any closer than one thousand feet (1,000′) from any other billboard measured from center of sign to center of sign in the direction of the traffic being served on any given side of the street, road or highway;

8. Billboards located on intersecting streets, roads or highways shall not be located any closer than one thousand feet (1,000′) from any billboard located on an intersecting street, road or highway;

9. Billboards shall not be located within four hundred feet (400′) of any residential zoning district;

10. Billboards’ primary structure shall be of painted noncombustible material and monopole design; and

11. Illumination of billboards shall be limited to the hours between dusk and dawn.

G. Temporary And Nonconforming Signs:

1. Those signs herein designated as being temporary signs shall be completely removed by the owner of the sign or by the owner of the property upon which the sign is located at the expiration of the time during which the sign was permitted.

2. Temporary signs may be permitted past the established expiration date with the approval of special use permit.

3. Nonconforming signs shall be deemed to be a conforming use and/or structure and any owners of such signs may continue use and normal maintenance.

4. Nonconforming signs may only be expanded or enlarged with the approval of a special use permit.

8-7: FLOODPLAIN OVERLAY DISTRICT (FP):

8-7-1: PURPOSE AND LOCATION OF DISTRICT:

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A. To protect human life and health;

B. To minimize expenditure of public money and costly flood control projects;

C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. To minimize prolonged business interruptions;

E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and

G. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. The floodplain overlay (FP) district is created to designate areas of the county or cities needing such consideration and is superimposed over other districts. The FP district is the same area as the area of the county or cities identified by the federal insurance administration/emergency management agency flood insurance rate map (FIRM) promulgated for the county or the city, which map is adopted by reference and declared to be part of this chapter and which map shall be maintained on file in the records of the county or city clerk of the county or city at all times hereafter.

8-7-2: DEFINITIONS:

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the 100-year flood. Designation on maps always includes the letters A or V.

DEVELOPMENT: Any manmade change to improved or unimproved real 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.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official map on which the federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waters, and/or

B. The unusual and rapid accumulation of runoff of surface waters from any source.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1′).

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found at subsection 8-7-5B1b of this chapter.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

NEW CONSTRUCTION: Structures for which the “start of construction” commenced on or after the effective date of this chapter.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, gas or liquid storage tanks and billboards.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

A. Before the improvement or repair is started, or

B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

8-7-3: GENERAL PROVISIONS:

A. Lands To Which This Chapter Applies: This chapter shall apply to all areas designated on the map referred to in section 8-7-1 of this chapter designated as the floodplain overlay (FP) district.

B. Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled the “Flood Insurance Study” for the applicable jurisdiction, which is most current at the time of the adoption of this title, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this chapter. The “Flood Insurance Study” is on file at the office of the county or city clerk.

8-7-4: ESTABLISHMENT OF PERMIT AND ADMINISTRATION:

A. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 8-7-3B of this chapter. The permit shall be for all structures, including manufactured homes, as set forth in the definitions, and for all development including fill and other activities, also as set forth in the definitions.

B. Designation Of The Building Official: The building official is hereby appointed to administer and implement this title by granting or denying development permit applications in accordance with its provisions. This process may be combined with any building permit process otherwise required by the city.

C. Duties And Responsibilities Of The Administrator: Duties of the administrator shall include, but not be limited to:

1. Permit Review:

a. Review all development permits to determine that the permit requirements of this chapter have been satisfied.

b. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 8-7-5C1 of this chapter are met.

2. Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 8-7-3B, “Basis For Establishing The Areas Of Special Flood Hazard”, of this chapter, the administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsections 8-7-5B, “Specific Standards”, and C, “Floodways”, of this chapter.

3. Information To Be Obtained And Maintained:

a. Where base flood elevation data is provided through the flood insurance study or required as in subsection C2 of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

b. For all new or substantially improved floodproofed structures:

(1) Verify and record the actual elevation (in relation to mean sea level),

(2) Maintain the floodproofing certifications required in subsection 8-7-5B of this section, and

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

4. Alteration Of Watercourses:

a. Notify adjacent communities and the Idaho department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.

b. Require that maintenance is provided within the altered or relocated portion of watercourse so that the flood carrying capacity is not diminished.

5. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76).

8-7-5: PROVISIONS FOR FLOOD HAZARD REDUCTION:

A. General Standards: In all areas of special flood hazard, the following standards are required:

1. Anchoring:

a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation In Flood Hazard Areas” guidebook for additional techniques).

2. Construction Materials And Methods:

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

3. Utilities:

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

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

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

4. Subdivision Proposals:

a. All subdivision proposals shall be consistent with the need to minimize flood damage;

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

c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).

5. Review Of Building Permits: Where elevation data is not available either through the flood insurance study or from another authoritative source (subsection 8-7-4C2 of this chapter), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2′) above grade in these zones may result in higher insurance rates.

B. Specific Standards: In all areas of special flood hazard where base flood elevation data has been provided as set forth in subsection 8-7-3B, “Basis For Establishing The Areas Of Special Flood Hazard” or 8-7-4C2, “Use Of Other Base Flood Data”, of this chapter, the following provisions are required:

1. Residential Construction:

a. New construction and substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one foot (1′) above grade.

(3) Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

2. Nonresidential Construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy;

c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design. Such certifications shall be provided to the administrator as set forth in subsection 8-7-4C3b of this chapter.

d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection B1b of this section.

e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1′) below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level).

3. Manufactured Homes: All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection A1b of this section.

C. Floodways: Located within areas of special flood hazard established in subsection 8-7-3B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater which carries debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If subsection C1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

8-7-6: NONLIABILITY CLAUSE:

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature of the city or its governing body or by any officer or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

8-7-7: RESTRICTIONS:

Restrictions regarding height, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific district located within the floodplain overlay zone area.

8-7-8: PROHIBITED USES:

It shall be unlawful to erect, alter, maintain or establish in a floodplain overlay zone any building, use or occupancy not permitted or allowed in the foregoing provision, except existing nonconforming uses may continue as herein provided.

8-9: PLANNED UNIT DEVELOPMENTS (PUD):

8-9-1: PURPOSES:

It shall be the policy to guide a major development of land construction by encouraging planned unit development (PUD) to achieve the following:

A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and acre requirements;

B. A more useful pattern of open space and recreation areas and if permitted as part of the project, more convenience in location of accessory commercial uses, industrial uses and services;

C. A development pattern, which preserves and utilizes natural topography and geological features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;

D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and

E. A development pattern in harmony with land use density, transportation and community facilities’ objectives of the comprehensive plan.

8-9-2: PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT:

Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title.

8-9-3: MINIMUM AREA:

A PUD for the following principal uses shall contain an area of not less than:

A. Two (2) acres for residential development;

B. Two (2) acres for residential use with subordinate commercial or industrial uses;

C. Two (2) acres for commercial use; and

D. Ten (10) acres for industrial use.

8-9-4: USES PERMITTED:

All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, there is a favorable finding by the council:

A. That the uses are appropriate with the residential uses;

B. That the uses are intended to serve principally the residents of the PUD;

C. That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and

D. That a minimum of fifty percent (50%) of the proposed residential development occur prior to the development of the related commercial or industrial land uses.

8-9-5: OWNERSHIP REQUIREMENTS:

An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed by the holder(s) of an equitable interest in such property. Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan.

8-9-6: COMMON OPEN SPACE:

A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and rights of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the council. The responsibility for the maintenance of all open space shall be specified by the developer before approval of the final development plan. Every property developed under the PUD approach should be designated to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight (8) townhouses in any contiguous group.

8-9-7: UTILITY REQUIREMENTS:

Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems, which can be effectively screened, may be exempted from this requirement if the council finds that such exemption will not violate the intent or character of the proposed PUD.

8-9-8: INCREASED RESIDENTIAL DENSITY:

To provide for an incentive for quality PUD, the council may authorize an increased residential density of up to fifteen percent (15%) of the allowable number of dwelling units. Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases, provided these factors make a substantial contribution to the objectives of the PUD which are as follows:

A. Landscaping (a maximum increase of 5 percent), streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;

B. Siting (a maximum increase of 5 percent), visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and

C. Design features (a maximum increase of 5 percent), street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types.

8-9-9: ARRANGEMENT OF COMMERCIAL USES:

When PUD includes commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.

8-9-10: ARRANGEMENT OF INDUSTRIAL USES:

PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land. Industrial uses and parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as is required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic. Project side yards of forty feet (40′) and a rear yard of fifty feet (50′) shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right of way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.

8-9-11: PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT:

When the PUD also qualifies as a subdivision, the processing of the special use permit and subdivision application shall occur at the same time. The granting of a special use permit for PUD shall require a preapplication, the submission of a preliminary development plan and approval by the council of a final development plan as specified within this title.

8-9-12: PREAPPLICATION MEETING:

The developer shall meet with the administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan, zoning ordinance, subdivision ordinance and such other plans and ordinances as deemed appropriate.

8-9-13: CONTENTS OF APPLICATION FOR APPROVAL OF PRELIMINARY       DEVELOPMENT PLAN:

An application for preliminary PUD shall be filed with the administrator by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate:

A. Name, address and phone number of applicant;

B. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

C. Legal description of property;

D. Description of existing use;

E. Zoning districts;

F. A vicinity map at a scale approved by the administrator showing property lines, streets, existing and proposed zoning and such other items as the council may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;

G. A preliminary development plan at a scale approved by the administrator showing topography at two foot (2′) intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of rights of way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvements drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the council deems necessary;

H. Proposed schedule for the development of the site; and

I. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years. The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest.

8-9-14: PROCEDURE FOR PUBLIC NOTICE:

The same provision for public hearing and legal notifications as required for special use permits shall be followed.

8-9-15: APPROVAL IN PRINCIPLE BY THE COUNCIL:

Within twenty eight (28) days after the public hearing the council shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The council’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility. The council shall consider the general standards and criteria’s applicable to special use permits and subdivisions before approving in principle a preliminary development plan.

8-9-16: CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT      PLAN:

Upon approval in principle of the development plan, an application for approval of the final development plan may be filed with the administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information:

A. A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses;

B. All the information required on the preliminary development plan; the location of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;

C. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development;

D. Engineering feasibility studies and plans showing as necessary: water, sewer, drainage, electricity, telephone and natural gas installations, waste disposal facilities, street improvements and nature and extent of earthwork required for site preparation and development;

E. Site plan showing building(s), various functional use areas, circulation and their relationship;

F. Preliminary building plans, including floor plans and exterior elevations;

G. Landscaping plans; and

H. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas that are to be commonly owned and maintained.

8-9-17: ACTION ON FINAL DEVELOPMENT PLAN:

Within sixty (60) days after receipt of the final development plan, the council shall approve the final development plan as presented, approve it with supplementary conditions, or disapprove it. Upon granting or denying the application, the council shall specify:

A. The ordinance and standards used in evaluating the application;

B. The reasons for approval or denial; and

C. The actions, if any, that the applicant could take to obtain a permit. Before approving the final development plan, the council shall find that the facts submitted with the application and presented to it establish that:

A. The proposed development can be initiated within two (2) years of the date of approval;

B. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present or potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;

C. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;

D. Any proposed commercial development can be justified at the locations proposed;

E. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the council;

F. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;

G. The PUD is in general conformance with the comprehensive plan; and

H. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. Once the application is either approved or approved with conditions, then the applicant may seek zoning review as set forth in the definition of “zoning review and certificates” in section 8-2-2 of this title, but only in accordance with the approved final development plan and the supplementary conditions attached thereto.

8-9-18: EXPIRATION AND EXTENSION OF APPROVAL PERIOD:

The approval of a final development plan for a PUD shall be for a period not to exceed two (2) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approval of the final development plan shall be void. An extension of time limit or modification of the approved final development plan may be granted if the council finds that such extension or modification is not in conflict with the public interest.

8-10: NONCONFORMING USES:

8-10-1: INTENT:

It is the intent of this chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

8-10-2: INCOMPATIBILITY OF NONCONFORMING USES:

Nonconforming uses are declared by this title to be incompatible with permitted uses in the district in which such use is located. A nonconforming use shall not be extended or enlarged after passage of this title by expansion of the existing use or by alterations or additions to the existing buildings or premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

8-10-3: AVOIDANCE OF UNDUE HARDSHIP:

To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this title or adoption of a more restrictive amendment which would be otherwise applicable to a previously permitted use and upon which actual building construction has been carried on diligently.

8-10-4: SINGLE NONCONFORMING LOTS OF RECORD:

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this title, notwithstanding limitations imposed by the other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership (see section 8-10-5 of this chapter). This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

8-10-5: NONCONFORMING LOTS OF RECORD IN COMBINATION:

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership area of record at the time of passage or amendment of this title and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title.

8-10-6: NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION:

If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. An existing structure devoted to a use not permitted by this title in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

B. A nonconforming use shall not be extended to occupy any additional land area;

C. If no structural alterations are made, any nonconforming use of a structure or structure and land may, upon the issuance of a special use permit by the council, be changed to another nonconforming use provided that the council shall find that the proposed use is at least as appropriate to the district as the existing nonconforming use. In permitting such change, the council may require appropriate conditions and safeguards in accord with other provisions of this title;

D. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

E. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

F. Where nonconforming use status applies to a structure, or a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, and the nonconforming use shall not be resumed.

8-10-7: REPAIRS AND MAINTENANCE:

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that, the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

8-10-8: USES UNDER SPECIAL USE PROVISIONS NOT NONCONFORMING USES:

Any use which is permitted as a special use in a district under the terms of this title shall not be deemed a nonconforming use in such a district, but shall, without further action, be considered a conforming use for the duration of the special use permit.

8-11: OFF STREET PARKING AND LOADING FACILITIES REQUIREMENTS:

8-11-1: GENERAL REQUIREMENTS:

A. No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this chapter.

B. The provisions of this chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the use of an existing building or structure is changed, there shall be provided as many such spaces as may be required by this chapter.

C. Whenever a building or structure constructed after the effective date hereof is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date hereof is enlarged to the extent of fifty percent (50%) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth therein.

D. Except for residential uses and other uses that require all night parking, the requirements of this chapter shall not apply to buildings and uses located within a historical district as designated by the city council.

8-11-2: PARKING STANDARDS:

A. The following regulations shall govern the location of off street parking spaces and areas:

1. Parking spaces for all detached residential uses shall be located on the same parcel, or contiguous parcel under the same ownership, as the use which they are intended to serve;

2. Parking spaces for commercial, industrial or institutional uses shall be located not more than five hundred feet (500′) from the principal use if such parking is on the same parcel or a contiguous parcel and not more than three hundred feet (300′) if the parking spaces are located on a noncontiguous parcel; and

3. Parking spaces for apartments, dormitories or similar residential uses shall be located not more than three hundred feet (300′) from the principal use.

4. Off-street parking for residential uses similar to apartments, townhouses, dormitories, and multi-family housing may count driveway or garage space toward the required off-street parking, but not both.

B. For the purpose of this chapter the following parking space requirements shall apply:

Type Of Use	Parking Spaces Required
Commercial:
Automobile service and repair garages	3 for each service bay
Banks, financial institutions and similar uses	1 for each 200 square feet of public floor area
Funeral parlors, mortuaries and similar type uses	1 for each 100 square feet of floor area in slumber rooms, parlors or service rooms
Hotels, motels	1 for each sleeping room plus 1 space for each 2 employees
Offices, public or professional administration or service buildings	1 for each 400 square feet of floor area
Retail stores	1 for each 250 square feet retail floor area
All other types of business or commercial uses permitted in any business district	1 for each 300 square feet of floor area
Institutional:
Churches and other places of religious assembly	1 for each 5 seats. For areas having fixed benches or pews, the occupant load shall be not less than the number of seats based on 1 person for each 18 inches of length of pew or bench in the main area of occupancy
Hospitals	1 for each bed
Libraries, museums and art galleries	1 for each 400 square feet of floor area
Medical and dental clinics	1 for each 200 square feet of floor area of examination, treating room office and waiting room
Sanatoriums, homes for the aged, nursing homes, children homes, asylums and similar uses	1 for each 2 beds
Manufacturing:
All types of manufacturing, storage, and wholesale uses permitted in any manufacturing district	1 for every 2 employees (on the largest shift for which the building is designed) plus 1 for each motor vehicle used in the business
Express, parcel delivery and freight terminal	1 for every 2 employees (on the largest shift for which the building is designed) plus 1 for each motor vehicle maintained stationed on the premises
Recreational or entertainment:
Auditoriums, sports arenas, theaters and similar uses	1 for each 4 seats
Bowling alleys	2 for each alley or lane plus 1 additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use
Dance floors	1 for each 50 square feet of floor area used for the activity
Dining rooms, restaurants, taverns, nightclubs, etc.	1 for each 100 square feet of dining floor or serving area
Outdoor athletic fields	1 for every 4 seats (every 18 inches of bleachers), but no less than 10 for each field
Outdoor swimming pools (public, community, or club)	1 for each 5 persons based upon occupant load capacity
Skating rinks	1 for each 100 square feet of floor area used for the activity
Residential:
Apartments, townhouses, condominiums, or multi-family dwelling of three or more units	2.5 off-street for each dwelling unit with 3 or less sleeping rooms; 3 off-street for each dwelling unit with 4 or more sleeping rooms
Boarding houses, rooming houses, dormitories and fraternity houses which have sleeping rooms	1 for each sleeping room or 1 for each permanent occupant
Manufactured home (mobile home)	2 for each unit
Single-family or two-family dwelling	2 for each unit
Schools (public, parochial or private):
Business, technical and trade schools	1 for each 2 students
Colleges, universities	1 for each 4 students
Elementary and junior high schools	2 for each classroom and 1 for every 8 seats in auditoriums or assembly halls
High schools	1 for every 8 students and 1 for each teacher and employee
Kindergartens, childcare centers, nursery schools and similar uses	1 for each employee plus 1 for each 4 children

** If use is not included, Administrator may set required parking.

C. Parking spaces and aisleways required by this chapter for the following types of parking shall be sized as follows:

Type	Length	Width	Aisle
Parallel	25′	8′	14′
Diagonal 45°	16′	13′	16′
Diagonal 60°	19′	10.5′	18′
Perpendicular 90°	20′	9′	26′

Typical parking striping (L = length, W = width, AW = aisle width).

8-11-3: LOADING STANDARDS:

A. The size of an off street loading space shall not be less than the following, exclusive of platform and loading area:

1. Type A: Sixty five feet (65′) in length, twelve feet (12′) in width.

2. Type B: Thirty five feet (35′) in length, twelve feet (12′) in width.

B. Off street loading spaces for commercial uses shall be provided in accordance with the following table:

Gross Floor Area (Square Feet)	Quantity And Type
10,000 to20,000	1B
20,000 to40,000	1B + 1A
40,000 to100,000	2B + 2A

For each additional seventy five thousand (75,000) square feet or fraction thereof, an additional type A space will be provided.

C. Convenient access to loading spaces from streets or alleys shall be provided; they shall not be less than twenty feet (20′) in width.

D. The off street loading spaces required for the uses mentioned shall not project into the public right of way. In no case shall the required off street loading spaces be part of the area used to satisfy the off street parking requirements. Spaces shall not be located where their use would cause sight obstructions at intersections.

E. Design and location of entrances and exits for required off street loading areas shall be subject to review of the administrator.

8-11-4: GENERAL STANDARDS FOR PARKING AND LOADING AREAS:

A. The owner of property used for parking and/or loading areas shall maintain such area in good condition without holes and free of all obstructions, trash and other debris.

B. All parking and loading areas shall provide for all weather use and proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.

C. Any parking area, which is intended to be used during nondaylight hours, shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect and shield the light away from adjoining property.

D. Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street for a reasonable distance considering the normal speed of such traffic.

E. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence or planting screen. Such fence, wall or planting screen shall be not less than four feet (4′) or more than six feet (6′) in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then no such fence, wall or planting screen and landscaping shall be required.

F. Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.

G. No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet (20′) to any dwelling unit, school, hospital or other institution for human care located on an adjoining lot unless separated by an acceptably designed screen. If on the same lot with a one-family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than four feet (4′) to any established street or alley right of way.

H. The parking of a disabled vehicle within a residential or commercial district for a period of more than two (2) weeks shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building.

I. Two (2) or more nonresidential users may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement executed by each owner of the properties involved, and duly recorded, establishes the unconditional right of each owner to use the designated parking area during the permitted hours as long as each structure to which the parking pertains remains in existence.

8-11-5: GENERAL INTERPRETATIONS:

In the interpretation of this chapter, the following shall govern:

A. Parking spaces for other permitted or conditional uses not listed in this chapter shall be determined by the administrator;

B. Fractional numbers shall be increased to the next whole number, including for parking spaces; and

C. Where there is an adequate public transit system or where for any other reason parking demand is unusually low, then the parking space provisions cited may be reduced proportionately by the council or Mayor or the Mayor’s designee.

8-12: ADMINISTRATION:

8-12-1: GENERAL:

For the purpose of carrying out the provisions of this title, an administrator is hereby created, and administration of this title is vested in the mayor and city council directly; no separate planning and zoning commission is established.

8-12-2: ADMINISTRATOR:

The mayor or the mayor’s designee shall serve as administrator of this title. The administrator may be provided with the assistance of such other persons as the city may direct. For the purpose of this title, the administrator shall have the following duties:

A. Advise interested persons of the zoning ordinance provisions;

B. Notify the news media regarding matters of public interest;

C. Aid applicants in the preparation and expedition of required application;

D. Conduct or initiate zoning review as set forth in the definition of “zoning review and certificates” in section 8-2-2 of this title, as applicable, and provide required notifications and such similar administrative duties;

E. Investigate all violations of this title and notify in writing the persons or entities responsible for such violations, ordering the action necessary to correct such violations; and

F. Assist the city council in carrying out the provisions of this title.

8-12-3: DUTIES OF THE CITY COUNCIL:

For the purpose of this title, the city council shall have the following duties:

A. Initiate proposed amendments to this title and conduct periodic review of the zoning ordinance;

B. Review and act upon all proposed amendments to this title;

C. Review and act upon all planned unit developments;

D. Grant special use permits as specified in the official schedule of district regulations and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title;

E. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator;

F. Authorize such variances from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done; and

G. Hear and decide all zoning actions, applications or matters dealing with this title and title 9 of this code placed before the council by the administrator.

8-12-4: RULES AND RECORDS:

A record of meetings, hearings, resolutions, studies, findings, permits and actions taken under this title shall be maintained by the city clerk. All meetings and records shall be open to the public, consistent with the Idaho open meeting law, title 74, chapter 2, Idaho Code.

8-12-5: EXPENDITURES AND STAFF:

The city council may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources for purposes of administering this title, and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures for the administration of this title shall be within the amounts appropriated by the council. Within such limits, the city is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants, to assist in the administration of this title.

8-12-6: CONFLICT OF INTEREST:

A member or employee of the city council, the mayor, or the administrator shall not participate in any proceeding or action under this title when the member, employee or administrator has an economic interest in the procedure or action, or his or her employer, business partner, business associate, or any person related to him or her by affinity or consanguinity within the second degree, has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this section shall be a misdemeanor.

8-13: ENFORCEMENT:

8-13-1: ZONING REVIEW REQUIRED:

No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without review and approval by the Mayor or the Mayor’s designee. Prior to approval of any building permit, the building official will request a review by the Mayor or the Mayor’s designee of building permit application, who will determine whether proposed use in the building permit application is in compliance with the city’s zoning laws. The review will be conducted as provided in section 8-13-3 of this chapter.

8-13-2: CONTENTS OF APPLICATION:

The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and be considered revoked if work has not begun within one hundred eighty (180) days from the date the permit was issued. At a minimum, the application shall contain the following information:

A. Name, address and phone number of applicant and name, address and phone number of owner if applicant is not the owner;

B. Legal description of property;

C. Existing use;

D. Proposed use;

E. Zoning district;

F. Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations;

G. Building heights;

H. Number of off street parking spaces or loading spaces;

I. Number of dwelling units;

J. Proposed sewer, water and electrical facilities; and

K. Such other matters as may be necessary to determine conformance with, and provision for, the enforcement of this title.

8-13-3: ZONING REVIEW:

Within twenty eight (28) days after the receipt of a request for review as set forth in section 8-13-1 of this chapter, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. Any approval by the zoning administrator however, shall be conditional upon the commencement of work within one hundred eighty (180) days. If the proposed use is not in compliance with the city’s zoning laws, the Mayor or the Mayor’s designee will determine what is required and advise the building official. Any recommendation by the Mayor or the Mayor’s designee that the building permit not be issued because of lack of compliance with the city’s zoning laws shall be in writing and may be hand delivered, mailed or sent by e-mail to the building official. The building official shall advise the applicant to such determination.

8-13-4: EXPIRATION OF ZONING REVIEW APPROVAL:

If the work described in the building permit, for which there was a zoning review, has not begun within one hundred eighty (180) days from the date of issuance of the building permit, said approval shall expire and be considered revoked by the administrator. No written notice of expiration or revocation need be given to the persons affected.

8-13-5: EXEMPTION FROM BUILDING PERMIT:

Structures or buildings constructed and located in an agricultural zone on a parcel that meets the below definition for agricultural exemption, will only be required to obtain a siting permit in lieu of a building permit. A parcel or tract of land that is more than five (5) contiguous acres, and is actively devoted to agriculture is eligible for an agricultural exemption when meeting the following criteria:

A. It is used to produce field crops including, but not limited to, grains, feed crops, fruits and vegetables; or

B. It is used to produce nursery stock as defined in Idaho Code section 22-2302; or

C. It is used by the owner for the grazing of livestock to be sold as part of a net profitmaking enterprise, or is leased by the owner to a bona fide lessee for grazing purposes; or

D. It is in a cropland retirement or rotation program; and

E. It is not a lot, tract or parcel within a subdivision or planned unit development.

8-13-6: SPECIAL REQUIREMENTS FOR ISSUANCE OF BUILDING PERMITS:

The following are requirements dealing with providing utility hookups and payment of hookup fees prior to the issuance of a building permit:

A. It shall be unlawful to request or demand from any utility, private or public, the connection of power to any structure, house, building, installation, including manufactured homes, for which a building permit is required, without first displaying to said utility or other company a valid building permit.

B. Each utility, private or public, receiving such a request for connection of utilities without compliance with the terms of this section, shall promptly notify the city.

C. No building permit shall be issued for any structures located within the corporate limits of the city which would require public services without verification that the appropriate hookup fees or deposits have been paid.

D. Manufactured home parks (mobile home parks) shall not allow a unit to be connected to utilities without verification that a building permit has been issued as required by state law and local ordinances.

E. No building permit shall be issued for structures utilizing private septic systems without first obtaining a subsurface sewage permit from the applicable health authority.

8-13-7: CERTIFICATE OF OCCUPANCY:

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed.

8-13-8: TEMPORARY CERTIFICATE OF OCCUPANCY:

A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

8-13-9: STATEMENT OF INTENT TO DECLARE A MANUFACTURED HOME REAL PROPERTY:

Pursuant to Idaho Code section 63-304 manufactured homes may be declared as real property. A manufactured home may only be accepted as real property upon the submittal of an application as prescribed by the state, properly completed, signed and notarized and upon verification of compliance with all state and local building codes and manufactured home installation standards.

8-13-10: RECORD OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY:

The administrator shall maintain a record of all building permits, and certificates of occupancy and copies shall be furnished as provided in the city’s public records policy.

8-13-11: FAILURE TO OBTAIN A ZONING REVIEW OR CERTIFICATE OF OCCUPANCY:

Failure to obtain a zoning review or certificate of occupancy shall be a violation of this title, and punished as a misdemeanor.

8-13-12: CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES:

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title.

8-13-13: COMPLAINTS REGARDING VIOLATIONS:

Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrator. The administrator shall properly record such complaint and immediately investigate and take action thereon as provided by this title.

8-13-14: ENFORCEMENT:

A. Continuing Obligation. Maintenance of improvements, conditions of approvals, and requirements of this code shall be a continuing obligation of the applicant or their successors. Any failure to meet these obligations shall be deemed a violation of the code and subject to the penalties as outlined.

B. Violation. Any person or entity that violates any provisions of this Code shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties as set forth in City Code.

C. Procedures for Enforcement.

1. A written notice of failure to maintain the required improvements, conditions of approval, or requirements of this Code shall be served upon all owners of record of the property, such notice may be served upon any registered agent. Such notice may be served by the Sheriff or any deputy, the Mayor or Building Official, Fire Chief, or City employee designated as code enforcement. Notice shall be in writing and shall be mailed to the owner(s)’s or address last shown on the records of the County Assessor or registered agent shown on the records of the Idaho Secretary of State. Service of the notice shall be deemed to be complete upon its deposit into the U.S. mail, postage prepaid. The notice shall contain a brief description of the terms of the maintenance plan, conditions of approval, or violation of the Code.

2. Any person receiving notice, may, within ten (10) days of the date of service, request a hearing, which shall be delivered to the Mayor or the Mayor’s designee. Following receipt of the request, the Mayor or the Mayor’s designee shall deliver the request to the Council which shall hold a hearing at its next regularly scheduled meeting. At the hearing, the person may request a reasonable extension of time for curing their failure to comply or otherwise demonstrate good cause why they should not be required to comply.

3. If compliance is not completed within thirty (30) days after the date of notice of failure to maintain the public improvements was served, or any extension allowed by the Council, the owner or owners of the property shall be deemed to be in violation of this Code and shall be subject to the penalties set forth.

D. Nuisance. Any building or structure which has been set up, erected, constructed, altered, enlarged, converted, moved, remodeled, or maintained contrary to the provisions of this Code, and any use of the land or building or premises established, conducted, maintained, or operated contrary to the provisions of this Code are declared to be unlawful and opposed to the orderly development of the community and shall therefore be considered a public nuisance.

8-13-15: PENALTIES:

Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official, or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the city from taking such lawful action as is necessary to restrain or prevent any violation, including new or ongoing, of this title or Idaho Code, including civil remedies such as enjoinment or abatement.

8-13-16: SCHEDULE OF FEES, CHARGES AND EXPENSES:

The city council, by resolution, shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, zoning review, amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the administrator, and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

8-14: APPEAL, VARIANCE AND ACTION BY AFFECTED PERSONS:

8-14-1: GENERAL:

The council shall consider administrative appeals: a) alleging that an error has been made by the administrator, b) applications for variances from the terms of this title and c) requests for hearings from affected persons.

8-14-2: ADMINISTRATIVE APPEALS:

Appeals to the council concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the legislative authority affected by any decision of the administrator. Such appeal shall be taken within twenty eight (28) days after the decision of the administrator by filing with the administrator and with the council a notice of appeal specifying the grounds upon which the appeal is being taken. The administrator shall transmit to the council all the papers constituting the record upon which the appeal is based.

8-14-3: STAY OF PROCEEDINGS:

An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the council after the notice of appeal is filed with him that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the council or by a court based upon an application, with notice to the administrator showing due cause.

8-14-4: VARIANCE:

The council may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of the neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship.

8-14-5: APPLICATION AND STANDARDS FOR VARIANCES:

A variance from the terms of this title shall not be granted by the council unless and until a written application for a variance is submitted to the administrator and the council containing:

A. Name, address and phone number of applicant;

B. Legal description of property;

C. Description of nature of variance requested; and

D. A narrative statement demonstrating that the requested variance conforms to the following standards:

1. That special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the same district;

2. That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

3. That special conditions and circumstances do not result from the actions of the applicant; and

4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district. A variance shall not be granted unless the council makes specific findings of fact based directly on the particular evidence presented to it, which supports conclusions that the above mentioned standards and conditions have been met by the applicant.

8-14-6: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:

Under no circumstances shall the council grant an appeal or variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting any appeal or variance, the council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this title.

8-14-7: PUBLIC HEARING:

Upon receipt of the application for an appeal or a variance, the council shall hold a public hearing, publish notice in a newspaper and give written notice to all parties as required for special use permits. (See section 8-15-7 of this title.)

8-14-8: RESERVED:

8-14-9: ACTION BY THE COUNCIL:

Within twenty eight (28) days after the public hearing the council shall approve, conditionally approve, postpone decision for further study or disapprove the request for appeal or variance. Upon granting or denying an application the council shall specify:

A. The ordinance and standards used in evaluating the application;

B. The reasons for approval or denial; and

C. The actions, if any, that the applicant could take to obtain a permit.

8-14-10: NOTIFICATION OF APPLICANT:

Within seven (7) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request.

8-14-11: RECONSIDERATION AND JUDICIAL REVIEW:

The action of the council under section 8-14-9 of this chapter constitutes the final decision of the city on the matter; this title does not provide for a further administrative appeal of that decision within the city. The applicant or any aggrieved person with lawful standing who appeared in person or in writing before the council may, within fourteen (14) days of the council’s decision, submit a written request for reconsideration to the city clerk, stating the issues to be reconsidered and the specific legal basis for the relief sought. The council shall respond in writing to any timely request for reconsideration within fourteen (14) days of its filing, either modifying its original decision or affirming its prior action. A decision of the council is not a final decision subject to judicial review until it has been rendered in writing and delivered to the applicant, and, if a timely request for reconsideration was filed, until the council has issued its written decision on reconsideration. An aggrieved party may seek judicial review of a final decision of the council as provided by law.

8-14-12: REQUEST FOR HEARING BY AFFECTED PERSONS:

An “affected person” shall mean one having an interest in real property, which may be adversely affected by the issuance or denial of a permit authorizing the development. Any affected person may at any time prior to final action on a rezone, special use, or variance permit, if no hearing has been held on the application, petition the council in writing to hold a hearing as required in section 8-14-7 of this chapter. Upon such petition, the hearing shall be held. After a hearing, the council may:

A. Grant or deny a permit; or

B. Delay such a decision for a definite period of time for further study or hearing not to exceed sixty (60) days. An affected person aggrieved by a decision may, within thirty (30) days after all remedies have been exhausted under local ordinances, seek judicial review.

8-14-13: FEES:

During the process of reconsideration under section 8-14-11 of this chapter, should the council determine that new or additional public hearings must be held, requiring new notice of hearing to be sent or published, the cost of such notice shall be borne by the applicant and shall be paid in advance. Any fee for filing a request for reconsideration shall be paid in advance in the amount set by council resolution.

8-14-14: MEDIATION:

A. Application For Mediation: Mediation shall be requested in writing by any applicant or affected person, or by the mayor or a member of the city council, affected by any decision of the council under this chapter, at any time prior to the filing of a lawsuit with the district court.

B. Mediation Session: The applicant and any person(s) objecting to the application on the basis of a mediation application shall participate in at least one mediation session if mediation is requested. The city shall select the mediator and shall pay the expense of mediation for the first meeting among mediating parties. Compensation of the mediator shall be determined among each party participating in the mediation prior to or at the outset of the first mediation.

C. Participation: Unless the parties participating in the first mediation session have been directed to participate in mediation by the council, an applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant.

D. Time Limitation: Upon request for mediation, any time limitation shall be tolled. Such tolling shall cease when the first of any of the following occurs:

1. When the applicant or any affected person(s) has participated in at least one mediation session and states in writing that no further participation by that party is desired. The person making such statement is obligated to serve or deliver a copy of same to all parties entitled to notice; or

2. Upon receipt by the city, as well as the applicant or affected person, of a written refusal by the applicant or affected person to mediate when such person is not obligated to mediate as herein provided. The party declining to mediate shall have the obligation of giving notice of the same to all parties to whom notice should be given; or

3. Upon notice of a request for mediation where no mediation session is scheduled for at least twenty eight (28) days from the date of such a request.

E. Public Hearing: A public hearing shall be held before the city council where a resolution through mediation occurs following a final decision on an application made on the basis of such mediation.

F. Not Part Of Official Record: The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based.

8-15: SPECIAL USE:

8-15-1: GENERAL:

It is recognized that an increasing number of new kinds of uses are appearing, and that many of these and some other 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 council shall hold a public hearing on each special use permit application as specified in the schedule of regulations. The council may approve, conditionally approve or deny a special use permit under the conditions herein specified and such additional safeguards as will uphold the intent of this title.

8-15-2: CONTENTS OF APPLICATION FOR SPECIAL USE PERMIT:

An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following:

A. Name, address and phone number of applicant and name, address and phone number of owner, if applicant is not the owner;

B. Legal description of property;

C. Description of existing use;

D. Zoning district;

E. Description of proposed special use;

F. A plan drawn to an approved scale of the proposed site for the special use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the council may require to determine if the proposed special use meets the intent and requirements of this title; and

G. A narrative statement evaluating the effect 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.

8-15-3: GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USES:

The council 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:

A. Will in fact, constitute a special use as established on the official schedule of district regulations for the zoning district involved;

B. Will be harmonious with and in accordance with general objectives or with any specific objective of the comprehensive plan and/or the zoning ordinance;

C. 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;

D. Will not be hazardous or disturbing to existing or future neighboring uses;

E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or the persons or agencies responsible for the establishments of the proposed use shall provide adequately any such services;

F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

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

8-15-4: PUBLIC SITES AND OPEN SPACES:

Public sites and open spaces shall conform to the following:

A. Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development the council shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration of the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days the council shall resume consideration of the special use application.

B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.

C. Special Developments: In the case of planned unit developments and large scale developments the council shall require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.

8-15-5: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:

In granting any special use, the council may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this title and may be subject to revocation of said permit.

8-15-6: TRANSFER OF SPECIAL USE PERMITS:

Special use permits will transfer with the change of ownership of the property unless prohibited by specific condition(s) of the permit. Prohibition or special provisions for transfer of permit may be specified as conditions of permit approval.

8-15-7: PROCEDURE FOR HEARING AND NOTICE:

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 may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the premises not less than one week prior to the hearing. Notice shall also be provided to property owners or purchasers of record within three hundred feet (300′) of 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 council. When notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of the mailing notification, two (2) notices in the newspaper or paper of general circulation is sufficient; provided, the second notice appears ten (10) days prior to the public hearing. If notice is given to fewer than two hundred (200) property owners or purchasers of record, notice shall be by regular first class mail with postage prepaid to the address shown on the rolls of the county tax collector at the time of mailing. An agent from the respective jurisdiction who mails the notices shall file a certificate with the council secretary showing the date of mailing and listing the names and addresses to which the notice was sent.

8-15-8: SPECIAL REQUIREMENTS FOR HEARINGS IN THE COUNTY:

In cases where the parcel or property involved in the special use application is located outside any of the incorporated city limits the following additional hearing requirements shall apply:

A. If the parcel borders on or is close to a city limits notice shall be provided to property owners or purchasers of record located in the city limits within three hundred feet (300′) of the external boundaries of the land being considered. In addition notice shall be provided to property owners or purchasers of record located outside the city limits within one-half (1/2) mile of the external boundaries of the land being considered.

8-15-9: RESERVED:

8-15-10: ACTION BY THE COUNCIL:

Within twenty eight (28) days after the public hearing, the council shall either approve, conditionally approve, postpone decision for further study or disapprove the application as presented. If the application is approved or approved with modifications the council shall direct the administrator to issue a special use permit listing the specific conditions specified by the council for approval. Upon granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those:

A. Minimizing adverse impact on other development;

B. Controlling the sequence and timing of development;

C. Controlling the duration of development;

D. Assuring that development is maintained properly;

E. Designating the exact location and nature of development;

F. Requiring the provision for on site public facilities or services;

G. Requiring more restrictive standards than those generally required in an ordinance; and

H. Limiting duration of the special use permit and requiring termination of the use upon expiration of the permit. Prior to granting a special use permit, the council may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit is not transferable from one parcel of land to another. Upon granting or denying an application the council shall specify:

A. The ordinance and standards used in evaluating the application;

B. The reasons for approval or denial; and

C. The actions, if any, that the applicant could take to obtain a permit.

8-15-11: NOTIFICATION TO APPLICANT:

Within seven (7) days after a decision has been rendered the administrator shall provide the applicant with written notice of the action on the request.

8-15-12: APPEAL PROCEDURES:

Appeals shall be the procedure as stated in section 8-14-13 of this title.

8-16: AMENDMENTS:

8-16-1: GENERAL:

Whenever the public necessity, convenience, general welfare or good zoning practices require, the city council may, by ordinance and subject to the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

8-16-2: INITIATION OF ZONING AMENDMENTS:

Amendments to this title may be initiated in one of the following ways:

A. By adoption of a motion by the city council; or

B. By the filing of an application by a property owner or a person who has an existing interest in property within the area proposed to be changed or affected by said amendment.

8-16-3: CONTENTS OF APPLICATION:

Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:

A. Name, address and phone number of applicant;

B. Proposed amending ordinance, approved as to form by the city attorney;

C. Present land use;

D. Present zoning district;

E. Proposed use;

F. Proposed zoning district;

G. A vicinity map at a scale approved by the administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require;

H. A list of all property owners and their mailing addresses who are within three hundred feet (300′) of the external boundaries of the land being considered;

I. A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area and quantifiable data that will verify that rezoning would not cause economic, social or physical stress on existing uses of surrounding areas; and

J. A fee as established by the council.

8-16-4: PUBLIC HEARING:

A. Requests for an amendment to the zoning ordinance shall be submitted to the administrator, who shall evaluate the request to determine the extent and nature of the amendment requested.

B. If the request is in accordance with the adopted comprehensive plan, the city council may adopt or reject the ordinance amendment under the notice and hearing procedures provided in this section.

C. If the request is not in accordance with the adopted comprehensive plan, the request shall first be considered as an amendment to the comprehensive plan, which the city council may adopt or reject under the notice and hearing procedures provided in section 67-6509, Idaho Code. After the comprehensive plan has been amended, the zoning ordinance may then be amended as provided in this section.

D. Zoning amendments may consist of text or map revisions. The city council shall conduct at least one public hearing on a proposed zoning amendment, at which interested persons shall have an opportunity to be heard.

1. Text Amendment: At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and of the amendment shall be published in the official newspaper or a paper of general circulation within the jurisdiction.

2. Map Amendment: At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and an accurate summary of the amendment shall be published in the official newspaper or a paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents of the land being considered, owners and residents within three hundred feet (300′) of the external boundaries of the land being considered, and any owners and residents of additional areas that may be impacted by the proposed change as determined by the city council. A copy of the notice shall be posted on the subject property at least one week prior to the hearing. When notice is required to two hundred (200) or more property owners or residents, in lieu of mail notification, two (2) notices in the official newspaper or a paper of general circulation is sufficient, provided that the second notice appears ten (10) days prior to the public hearing. If notice is given to fewer than two hundred (200) property owners or purchasers of record, notice shall be by regular first class mail with postage prepaid to the address shown on the rolls of the county tax collector at the time of mailing. The city official who mails the notices shall file a certificate with the city clerk showing the date of mailing and listing the names and addresses to which the notice was sent.

3. Material Change: Following the public hearing, if the city council makes a material change from what was presented at the hearing, further notice and hearing shall be provided before the city council adopts the amendment.

8-16-5: ACTION BY CITY COUNCIL:

Within seventy (70) days from the receipt of a proposed amendment, the city council shall approve, approve with modification, or deny the amendment. Any approval shall be in accordance with the comprehensive plan and established goals and objectives. Upon granting or denying an application to amend the zoning ordinance, the city council shall specify:

A. The ordinance and standards used in evaluating the application;

B. The reasons for approval or denial; and

C. The actions, if any, that the applicant could take to obtain an amendment to the ordinance or a permit to use the applicant’s property in the way which the applicant seeks, if a means exists to obtain such permit. In the event the city council approves an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance.

8-16-6: RESERVED:

8-16-7: RESERVED:

8-16-8: RESUBMISSION OF APPLICATION:

No application for a reclassification of any property which has been denied by the city council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purpose within a period of one year from the date of such final action, unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration.

8-17: RESERVED:

8-18: TELECOMMUNICATIONS TOWERS, ANTENNAS, AND RELATED FACILITIES:

8-18-1: GENERAL, SCOPE, AND APPLICABILITY:

A. General: The purpose of this chapter is to provide a set of standards for the development and installation of telecommunication towers, antennas and related facilities. The regulations contained herein are designed to protect and promote public health, safety and the community welfare of the city of Minidoka, and to encourage managed development of telecommunications infrastructure, while not unduly restricting the development of needed telecommunications facilities.

B. Scope And Applicability: The city shall apply these regulations to accomplish the following:

1. Minimize adverse visual effects of telecommunication towers, antennas and related facilities through design and siting standards.

2. Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the federal telecommunications act of 1996 are provided to serve the community.

3. Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of the citizens of Minidoka.

4. Protect environmentally sensitive areas of the city by regulating the location, design, and operation of telecommunications facilities.

5. Encourage the use of alternative support structures, collocation of new antennas on existing telecommunications towers, camouflaged towers, and construction of towers with the ability to collocate more than one provider.

6. Protect the community’s visual quality and safety while facilitating the reasonable and balanced provision of telecommunications services. More specifically, it is the city’s goal to minimize the visual impact of towers on the community, particularly in and near residential zones and in and along highly visible corridors.

7. Establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of telecommunications equipment, to provide advanced communication services to the city, its residents, businesses, and community at large.

8. Avoid potential damage to property caused by towers, facilities, and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maint ained, repaired, and removed when no longer used; and

9. Provided regulations which are specifically not intended to, and shall not be interpreted or applied to, i) prohibit or effectively prohibit the provision of telecommunications services, ii) discriminate among functionally equivalent service providers, or iii) regulate facilities and transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission. Furthermore, this chapter is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by Idaho statutes or as preempted by federal law.

8-18-2: DEFINITIONS:

For the purpose of this chapter, certain terms, phrases, or words used herein shall be defined as follows:

ALTERNATIVE SUPPORT STRUCTURE: Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.

ANTENNA: An exterior transmitting or receiving device mounted on a tower, pole, building or other structure and used in communications that sends or receives wireless signals, radio frequencies or other signals.

ANTENNA, GROUND MOUNTED: Any antenna with its base placed directly on the ground.

ANTENNA, UTILITY POLE MOUNTED: An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, streetlight, traffic signal, athletic field light, utility support structure, or other similar structure approved by the city’s Mayor and City Council.

APPLICANT: Any person engaged in the business of providing telecommunications services or the infrastructure required for telecommunications services and who submits an application.

APPLICATION: A written request, on a form provided by the city, for a permit.

BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, or property of any kind.

COLLOCATION: The mounting or installation of equipment on a tower, pole, building or other structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

EASEMENT: As used in this chapter, shall mean an easement granted to or reserved by the City for municipal or public purposes, including, but not limited to: access to City property; use of land for access by the City to utilities, or use of land to place City utilities upon; or access to utilities or use of land by franchisees or use by other authorized third party utility providers, as provided in Idaho Code section 50-329A, or by other providers or persons, or otherwise provided by law.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

HEIGHT, TELECOMMUNICATIONS TOWER: The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g., lightning rods) and lighting.

LAWS: Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, resolution or ordinance.

MACRO CELL: An antenna or antennas mounted on or in a tower, ground-based mast, rooftops or structures, at a height that provides coverage to a large surrounding area.

MONOPOLE: A telecommunications tower of a single pole design.

OPERATION (TELECOMMUNICATIONS): Other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.

ORDINARY MAINTENANCE OR REPAIR: Inspection, testing or repair that maintains functional capacity, aesthetic, and structural integrity of the associated structure, pole or tower, and that does not involve disturbing any portion of the easement.

PERMIT: A permit issued and described in accordance with laws, which is used to regulate, monitor and control improvements, construction or excavation activities, or other work or activity within or outside of the easement.

PERSON: An individual, corporation, limited liability company, partnership, association, trust, or any other entity or organization.

PLATFORM (ANTENNAS): A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

PROVIDER: A service provider or infrastructure provider and includes any person that owns or operates facilities within or outside of the easement.

REPLACE OR REPLACEMENT: In connection with facilities and a corresponding pole, structure or tower, to replace the same with something that is substantially similar in design, size, color and scale to the existing facilities or structure.

SATELLITE DISH: A device incorporating a reflective surface that is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite dishes.

STATE: The State of Idaho.

STEALTH: A design that minimizes the visual impact of towers, antennas, and facilities by camouflaging, disguising, screening, or blending them into the surrounding environment. Examples of stealth design include, but are not limited to, facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights, and architecturally screened roof-mounted antennas or flush-mounted antennas that are either painted to match or enclosed in an architecturally-applicable box.

TELECOMMUNICATION FACILITY: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals.

TELECOMMUNICATION SUPPORT FACILITY: The telecommunication equipment buildings and equipment cabinets.

TOWER: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless services including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Towers include camouflaged or stealth towers, lattice towers, guyed towers, and monopole towers.

TOWER, CAMOUFLAGED OR STEALTH: Any telecommunications tower that due to design or appearance entirely or partially hides, obscures, or conceals the presence of the tower and antennas.

TOWER FARM: A parcel of ground on which multiple telecommunications towers or antennas are located and clustered together on a single parcel for economic, aesthetic, or other reasons.

TOWER, GUYED: A telecommunications tower that is supported in whole or in part by guywires and ground anchors or other means of support besides the superstructure of the tower itself.

TOWER, LATTICE: A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for any FCC-licensed or authorized wireless service, including, but not limited to, radio transceivers, antennas, microwave dishes, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

8-18-3: EXEMPTIONS:

The following shall be permitted without city review and approvals:

A. Receive Only Antennas: The use of all television antennas, satellite dishes and receive only antennas for private television reception, provided the use is accessory to the primary use of the property.

B. Amateur Radio: This chapter shall not govern the installation of any antenna and their supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive only antennas.

C. Utility Pole Mounted Antennas: Utility pole mounted antennas if the height of the antenna is ten feet (10′) or less above the highest part of the utility pole.

D. A facility installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements. The facility shall be exempt from the provisions of this section for up to one month after the duration of the state of emergency.

E. A temporary facility installed for providing coverage of a special event such as news coverage or a sporting event, subject to any required approvals by the city. The facility shall be exempt from the provisions of this section for up to two weeks before and one week after the duration of the special event.

F. Antennas attached to existing structures (such as office buildings, houses, or apartments) for Internet purposes and used solely for occupants of the building to which the antennas are attached as long as the height limitations of the zoning district are not exceeded and design standards are met.

G. City facilities, equipment and services, including, but not limited to, those involving police, fire, public health and safety.

8-18-4: PERMITTED/PROHIBITED LOCATIONS:

A. Permitted Locations: Telecommunications facilities may be permitted in zoning districts as established by the official schedule of zoning regulations.

B. Prohibited Locations: No towers will be allowed in the following areas without a special use permit and variance from City Council:

1. Historic sites, as defined by local, state, or federal regulation.

2. Critical species habitats, as defined by local, state, or federal regulation.

3. Wetlands, as defined by local, state, or federal regulation.

4. Floodplains, as defined by local, state, or federal regulation.

8-18-5: SPECIAL USE PERMIT:

An application will be submitted for approval pursuant to the procedure established in chapter 15 of this title for the location and construction of telecommunication towers or associated structures.

A. Submittal Information: Applications for telecommunication towers and associated structures will provide the following information:

1. Completed special use permit application.

2. Original signature of applicant and landowner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the underlying property owner must authorize the application).

3. The name, address and telephone number of the prospective tower owner and, if applicable, the lessee of the tract of land upon which the tower is to be located.

4. The identity of applicant, landowner, and service provider and their legal status.

5. The name, address, and telephone number of the officer, agent, and/or employee responsible for the accuracy of the application.

6. A survey, showing the parcel boundaries, tower, facilities, location, access, landscaping, and fencing.

7. Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway.

8. A scaled site plan clearly indicating the location, type, height, and width of the proposed tower, a depiction of all proposed transmission and reception equipment, setbacks from property lines, topography, fencing, finished color, method of camouflage, and other information deemed necessary to assess compliance with this chapter.

9. A clear and complete written statement of purpose which shall minimally include: i) a description of the objective to be achieved; ii) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and iii) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a professional engineer.

10. Descriptions and diagrams of the proposed tower, facilities and antennas, manufacturer’s literature, buildings, a driveway, parking area, and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.

11. A written legal description of the site.

12. In the case of a leased site, a lease agreement or binding lease memorandum, which shows on its face that it does not preclude the tower owner from entering into leases on the tower with other provider(s).

13. A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions.

14. FCC license numbers and registration numbers, if applicable, and an Environmental impact study (EIS), if applicable.

15. An alternative sites analysis prepared by the applicant or on behalf of the applicant by its designated technical representative, subject to the review and approval of the mayor and city council, which identifies all reasonable, technically feasible, alternative locations or facilities which could provide the proposed telecommunications service. The intention of the alternative sites analysis is to present alternative strategies that could minimize the number, size, and adverse environmental impacts of towers necessary to provide the needed services to the city. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the review and approval of the mayor and city council. The city may require independent verification of this analysis at the applicant’s expense; the consultant will be chosen by the mayor and city council from a list mutually agreed upon by the city and the telecommunications applicant.

16. Plans indicating security measures (e.g., access, fencing, lighting, etc.).

17. Tabular and map inventory of all of the applicant’s existing telecommunication towers that are located within the city of Minidoka and including all of the applicant’s existing towers within one thousand five hundred feet (1,500′) of the city boundary. The inventory shall specify the location, height, type, and design of each of the applicant’s existing telecommunication towers, and the ability of the tower or antenna structure to accommodate additional collocation antennas.

18. A report prepared by an engineer licensed by the state of Idaho certifying the structural design of the tower and its ability to accommodate additional antennas.

19. Proof of liability insurance coverage.

20. Proof of notification to and request for approval from the FAA with respect to the tower location, height and lighting requirements.

21. Such other information as the mayor and city council may require.

B. Collocation: As a condition of approval of the special use permit and/or building permit all tower owners shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service, or if the parties are unable to agree upon commercially reasonable terms and conditions. All telecommunication support facilities shall be designed to facilitate site sharing. Special use permits or building permits for new telecommunication towers will not be issued until the applicant demonstrates that collocation on an existing facility is not feasible. Feasibility shall be determined through a review process by the mayor and city council.

C. Technical Review: The Mayor’s office, upon direction of the city mayor and city council, shall hire on behalf of the city an independent technical expert to review materials submitted. The consultant will be chosen from a list mutually agreed upon by the city and the applicant. The applicant shall pay all the costs of said review. The payment to the Mayor’s office shall be due upon receipt of the invoice. All fees and charges accumulated for the technical review must be paid in full prior to the issuance of the special use permit.

D. Required Submittals Following Permit Approval: For each telecommunications tower or associated structure’s special use permit approved by the city mayor and city council, the applicant shall submit the following before the special use permit will be issued:

1. Copies of the determination of no hazard from the FAA including any aeronautical study determination or other findings and other agencies, if applicable.

2. Copies of any environmental assessment (EA) reports, if applicable.

3. Copies of any filings submitted to the FCC shall be submitted within thirty (30) days of filing.

4. Proof of bond as security for removal.

8-18-6: ANNUAL INFORMATION REPORT:

A. Purpose: The purpose of the annual review report is to provide the city with accurate and current information concerning the telecommunications tower owners and providers who offer or provide telecommunications services within the city, to assist the city in enforcement of this chapter, and to assist the city in monitoring compliance with the special use permit.

B. Required Submittals: All tower owners of any new or existing telecommunication tower shall submit annually on or before January 31st of each year, to the Mayor’s office, an annual information report. The annual report shall include the following:

1. The tower owner name(s), address(es), phone number(s), and contact person(s).

2. Annual review fee.

3. Proof of bond as security for removal.

4. List of all collocating operators utilizing the tower.

C. Annual Report Fee: Following the special use permit approval, and every year thereafter the tower owner shall submit, on or before January 31 of each year, to the Mayor’s office, an annual review fee of one hundred dollars ($100.00) for each tower site. The fee submittal is the responsibility of each tower owner. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information.

8-18-7: REMOVAL AND SECURITY FOR REMOVAL:

A. Removal: It is the express policy of the city that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the tower owner’s responsibility to remove such facilities and restore the site to its original condition or a condition approved by the city mayor and city council. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications facility down to five feet (5′) below the surface. After a telecommunications facility is no longer in operation, the tower owner shall have ninety (90) days to effect removal and restoration unless weather prohibits such efforts.

B. Security For Removal: The telecommunications tower owner shall provide to the city of Minidoka, prior to the issuance of the special use permit or the issuance of a building permit, a performance bond in the amount of twenty thousand dollars ($20,000) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the telecommunications facility will be removed when it is no longer in operation. The City will be named as obligee in the bond and must approve the bonding company.

8-18-8: PREEXISTING TELECOMMUNICATION TOWERS:

A. Nonconforming And Conforming: Telecommunication tower and facility owners or operators may add to, move or replace the tower and facilities upon approval of the administrator. An existing tower may be replaced by the same size of tower, increased in height a maximum of fifty feet (50′), and/or relocated or reconstructed within fifty feet (50′) of its existing location to accommodate collocation subject to meeting all the applicable sections of this chapter. Routine maintenance and repair on telecommunications facilities is permitted.

B. Existing Use Review:

1. Towers Structurally Capable For Collocation: Beginning with the effective date hereof, all telecommunications tower owners, applicable to the requirements of this chapter operating in the city of Minidoka prior to the adoption of this chapter, shall provide the information required under section 8-18-5 of this chapter (except proof of bond and proof of insurance), and pay the annual fee for tower site on or before January 31 of each year. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information and payment.

2. Towers Structurally Incapable For Collocation: Beginning the effective date hereof, all telecommunications tower owners, applicable to the requirements of this chapter operating in the city of Minidoka prior to the adoption of this chapter, shall provide the information required under section 8-18-5 of this chapter (except proof of bond and proof of insurance), and submit documents that the tower is structurally incapable of collocation, and pay a fee equivalent to the annual fee for each tower site on or before the following January 31. Failure to provide this information and payment shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information and payment.

8-18-9: ENFORCEMENT:

A. Revocation: Grounds for revocation of the special use permit for telecommunications towers and associated structures, shall be subject to one or more of the following findings:

1. The owner of such site, service provider or tower owner fails to comply with any of the requirements of this chapter;

2. The permittee has failed to comply with the conditions of approval of the special use permit;

3. The facility has not been properly maintained; or

4. The tower has been abandoned.

B. Revocation Process: The following is the procedure for revocation of a special use permit for telecommunication towers and associated structures:

1. The owner of such site, service provider, or tower owner shall be notified by certified mail of noncompliance by the city’s Mayor’s office.

2. The recipient shall comply with such notice within thirty (30) days to the satisfaction of the administrator.

3. If compliance is not obtained within thirty (30) days, the administrator shall notify the city attorney of the noncompliance and proceed with the revocation process. (Staff, to adjust for seasonal limitations, may extend this time period.)

C. Abandonment: Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Time may be extended upon review and approval of the administrator, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply:

1. The owner of such antenna or tower shall remove said antenna and/or tower including all supporting equipment and building(s) within ninety (90) days of receipt of notice from the Mayor’s office notifying the owner of such abandonment. If removal to the satisfaction of the Mayor’s office does not occur within said ninety (90) days, the city will order removal utilizing the established bond and salvage said antenna or tower and all supporting equipment and building(s). All costs of removal, including, but not limited to, damages, expenses, attorneys’ fees and restoration shall be the responsibility of the owner. If there are two (2) or more users of a single tower, then these provisions shall not become effective until all operations of the tower cease.

2. The recipient of a special use permit for a telecommunications tower under this chapter shall notify the Clerk when the facility is no longer in operation.

8-18-10: STRUCTURAL DESIGN AND STANDARDS:

A. Tower, Antenna And Facilities Requirements:

1. All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible.

2. All telecommunication facilities shall comply at all times with all FCC rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any area that exceed the FCC adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunication towers and antennas shall, at a minimum, meet the safety standards and regulations in place at the time of the issuance of the special use permit, of the FCC and FAA, Idaho Division of Aeronautics, and the Occupational Safety and Health Administration (OSHA).

3. Telecommunication towers shall be constructed out of steel, aluminum or other nonflammable material.

4. All ground mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the mayor and city council that a guyed tower is required.

5. Satellite dishes shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

6. Telecommunications support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only). Telecommunications support facilities shall be designed to blend in with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.

7. Telecommunications towers, facilities and antennas shall be designed and constructed in accordance with the uniform building code and other applicable state and federal requirements.

8. The maximum height of an antenna platform located on a rooftop shall be twenty feet (20′) above the roof.

9. Telecommunication facilities shall not interfere with the signals of or physically obstruct existing or proposed public safety, fire protection or supervisory control and data acquisition (SCADA) operations. The facilities owner, at no cost to the city, shall correct any actual interference and obstruction.

B. Height: In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted.

C. Security Lighting: Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is permitted, as long as it complies with the city Code.

D. Current Standards: All towers, poles, antennas and related equipment must meet current standards and regulations of the FAA, the FCC and any other agency of the federal or state government with the authority to regulate towers, poles, antennas and related equipment.

E. Structural Integrity: To ensure the structural integrity of towers and poles, the towers and poles must be maintained in compliance with industry standards and applicable codes.

F. Signage: No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the city.

G. Visual Impact: All towers, poles, facilities, and equipment in or near residential zones shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the towers, poles, facilities and equipment. Such towers, poles, facilities and equipment shall be integrated through location and design to blend in with the existing characteristics of the site. Such towers, poles, facilities, and equipment shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be reasonably compatible with the built environment, through matching and complementary existing structures and specific design considerations such as architectural designs, height, scale, color, and texture or be reasonably consistent with other uses and improvements permitted in the relevant zone.

H. Antenna Arrays: Antenna arrays are permitted in any zone as long as they are located upon an existing structure (except on single family houses, apartments, or duplexes) that provides sufficient elevation for the array’s operation without the necessity of constructing a tower, pole, or other apparatus to extend the antenna array more than twenty feet (20′) above the structure. If any tower, pole, or other apparatus exceeding the height extension of twenty feet (20′) is needed to achieve the desired elevation, then a special use permit, and if applicable, height variance is required from the City Council.

I. Site Design Flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography, and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the tower, pole, equipment, and facilities may be installed so as to best camouflage, disguise, or conceal them to make them more closely compatible with and blend into the setting or host structure, upon approval by the city.

J. Lighting: Telecommunication towers shall not be artificially lighted unless required by the FAA or other applicable regulatory authority.

K. Site Development And Roads:

1. A leased parcel intended for the location of new telecommunication towers and associated structures shall maintain a minimum parcel size, of three thousand (3,000) square feet, subject to the approval of the City mayor and city council. The council may modify the leased parcel size after public hearing and review.

2. A parcel owned by the telecommunication carrier or provider and intended for the location of a new telecommunication towers and equipment buildings shall meet the size requirements of the mayor and city council.

3. All sites must be served by an easement with a turnaround. The City mayor and city council may modify the easement and turnaround requirement after public hearing and review. All sites shall use existing access points and roads whenever possible. The applicable road jurisdiction shall approve the access point to the site.

L. Vegetation Protection And Facility Screening:

1. All telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary to be compatible with adjoining and surrounding areas. For purposes of this section, “mature landscaping” shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening.

2. Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required vegetation and landscaping.

M. Fire Prevention: All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.

N. Noise And Traffic: All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented for telecommunication facilities:

1. Noise producing construction activities shall only take place on weekdays (Monday through Friday, nonholidays) between the hours of seven o’clock (7:00) A.M. and five o’clock (5:00) P.M., except in times of emergency repair.

2. Backup generators shall only be operated during power outages and for testing and maintenance purposes.

8-18-11: SEPARATION AND SETBACK REQUIREMENTS:

A. Separation Requirements: Minimum separation required between telecommunication towers (by tower type):

Tower Type	Lattice	Guyed	Monopole
Lattice	2,500 feet	3,500 feet	1,000 feet
Guyed	3,500 feet	3,500 feet	1,000 feet
Monopole	1,000 feet	1,000 feet	1,000 feet

1. Two (2) or more towers may be permitted to be located within one hundred feet (100′) of each other subject to approval of special use permit or when located in a tower/antenna farm.

2. Camouflaged towers are exempt from the separation requirement between towers listed above.

3. Even when reduction in separations are allowed location or placement shall comply with separate setback requirements.

B. Setback Requirements: All setbacks shall be measured from the base of the tower or structure and are required as follows:

1. Setback requirements shall apply to new towers and antennas, existing towers or antennas are allowed to remain in their present location.

2. Setbacks from all habitable residential buildings, except buildings located on the subject parcel, shall be a distance equal to one hundred twenty five percent (125%) of the height of the tower.

3. Setbacks from all historic sites and districts shall be a distance equal to one hundred twenty five percent (125%) of the height of the tower from historic sites and districts.

4. Setbacks from property lines shall be setback a minimum of one hundred twenty five percent (125%) of the height of the tower from all property lines. This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line. Under special circumstances the Minidoka mayor and city council may modify this setback requirement after public hearing and review.

5. Setback from the high-water mark of the Snake River shall be a minimum of one hundred twenty five percent (125%) of the tower height measured from the natural high-water mark.

6. All guywire anchors shall be at least one hundred feet (100′) from all property lines. Under special circumstances the Minidoka mayor and city council may modify this setback requirement after public hearing and review.

8-18-12: PERMITS:

A. Special Use Permit: A special use permit is required for all telecommunication towers and associated structures as established by the official schedule of zoning regulations. The administrator shall approve collocation on facilities previously approved by Minidoka mayor and city council administratively, provided that the applicant complies with the provisions of this chapter and provides a completed application, and application and permit fee.

B. For purposes of this section, any special use permit application shall require an applicant to notify surrounding property owners located within one (1) mile of the legal boundary of the real property where the tower is to be located. An applicant or its designee shall provide that list to the city.

C. Building Permit: A building permit will be required for all telecommunication towers and associated structures. No building permit will be required for the installation of additional equipment directly to the tower or antenna for the purpose of collocation.

D. Effect of Permit: A permit from the city authorizes an applicant to undertake only the activities specified in the application and permit, and in accordance with this chapter. A permit does not authorize attachment to or use of existing poles or other structures in the right-of-way. A permittee or provider must obtain all necessary written approval from the owner of any pole or other support structure prior to any attachment or use and such written approval shall be submitted with the permit request. A permit does not create a property right for the applicant. The applicant shall not interfere with other uses or users of the right-of-way.

E. Ordinary Maintenance or Repair: A permit shall not be required for ordinary maintenance or repair. The provider or other person performing the ordinary maintenance or repair shall obtain any other permit required by applicable laws.

8-18-13: FEES AND BONDS:

All permits pursuant to this chapter shall be accompanied by the requisite fees required by the city. Unless otherwise agreed to in writing by the city, a performance or construction bond or other form of surety acceptable to the city equal to at least one hundred twenty five percent (125%) of the estimated cost of the work on public property or city easements shall be provided before the applicant commences work. The bond shall be released after city inspection and completion of construction to the city’s satisfaction.

8-18-14: CONSTRUCTION PROVISIONS:

A. Construction: All structures shall be constructed and installed to manufacturer’s specifications and constructed to withstand wind speed as required by Industry standards.

B. As-Builts and Maps: The provider shall furnish to the City paper and electronic maps showing the location of its equipment in the easement or on other public property and as-builts after construction is completed.

C. Safety and Due Care: The provider shall employ due care during the installation, maintenance or any other work and shall comply with all safety and construction requirements of applicable laws, city guidelines, standards and practices and any additional commonly accepted safety standards.

D. Compliance with Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The city and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. Any equipment that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the provider. The city may stop work in order to assure compliance with the provisions of this chapter.

E. Report: A written report will be prepared, signed and sealed by a professional engineer or qualified employee of the provider which assesses whether the proposed facilities demonstrate compliance with the Radio Frequency emissions limits established by the FCC.

F. Inspections:

1. The city reserves the right to conduct an inspection of new or existing towers, antenna support structures, equipment, and facilities upon reasonable notice to the owner or operator to determine compliance with this chapter and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with any construction standards set forth in the city Code, federal and state laws and applicable Industry standards.

2. If, upon inspection, the city concludes that a tower, antenna support structure, equipment or facilities fail to comply with codes or standards and constitute a danger to persons or property, then upon written notice being provided to the owner or operator, the owner or operator shall have sixty (60) days to bring such into compliance with the codes and standards. Failure to bring such into compliance within said sixty (60) days shall constitute grounds for removal at the owner’s or operator’s expense.

G. Maintenance: The tower, antenna support structures, equipment and facilities shall at all times be kept and maintained in good condition, order and repair so that the same do not constitute a nuisance to or a danger to the life or property of any person or the public.

H. Commercial Purposes: Macro cell towers used for commercial purposes may be allowed on private property or public property with a special use permit and building permit in those zoning districts as authorized by the city.

I. Compliance: The submittal shall include an Idaho PE stamped foundation and structural drawings as well as a PE stamped structural analysis (the loaded tower drawing with all antennas and hardware in place and the wind loading calculations). Upon completion of construction, the macro cell tower will be inspected by a third-party professional at the expense of the tower owner.

8-18-15: INDEMNIFICATION:

Each permit issued for a tower, antenna support structure, equipment or facilities located on city property shall be deemed to have as a condition of the permit a requirement that the applicant and provider defend, indemnify and hold harmless the city and its officers, agents, employees, volunteers and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, a granted permit, installation, construction, location, performance, operation, maintenance, repair, replacement, removal or restoration of the tower, antenna support structure, equipment or facilities, except to the extent such claims, suits, demands, or causes of action arise from the negligence or willful misconduct of the city.

8-18-16: INSURANCE:

No person shall own or operate a tower, antenna support structure, equipment or facilities on city property without having secured and at all times maintain in place insurance coverage which conforms to the following:

A. Comprehensive general liability, automobile, workers compensation, employers’ liability and umbrella insurance in amounts satisfactory to the city;

B. The city and its officers, elected and appointed officials, employees, and agents shall be named as additional insureds;

C. All insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State with a satisfactory Best’s rating of A-VII and shall contain an endorsement obligating the insurance company to furnish the city with at least thirty (30) days prior written notice in advance of the modification or cancellation of the insurance, and the insurance must be replaced up to its original amount(s); and

D. Certificates of insurance evidencing the required coverages must be furnished to the city prior to the issuance of the special use permit and building permit.

8-18-17: ILLUMINATION AND SECURITY FENCES:

A. Illumination: In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this section shall be equipped with lighting that minimizes its effect on residential zoned properties.

B. Security Fences: All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude, to the extent practical, unauthorized climbing of said structure.

8-18-18: COMPLIANCE AND MAINTENANCE:

A. If it is found that the tower, antenna support structure, antennas, equipment or other facilities do not comply with the approved permits, plans and photo simulations, the provider shall make any and all such changes required to promptly bring them into compliance.

B. The tower, equipment, facilities and site, including all landscaping and fencing, must be maintained at all times in a neat and clean manner and in accordance with all approved plans. Graffiti shall be removed promptly by the owner or operator of the tower, equipment, facilities or site, as applicable.

8-18-19: MISCELLANEOUS:

A. Independent Technical and Legal Review: The city may retain the services of an independent technical expert and attorney of its choice to provide technical and legal evaluations of permit applications. The third-party expert shall have recognized qualifications in the field of engineering or telecommunications regulations. The expert’s review may include, but is not limited to (i) the accuracy and completeness of the items submitted with the application; (ii) the applicability of analysis and techniques and methodologies proposed by the applicant; (iii) the validity of conclusions reached by the applicant; and (iv) whether the proposed tower, antenna support structure, antennas, equipment and facilities comply with the applicable approval criteria set forth in this chapter. The applicant shall pay the reasonable cost for any independent consultant fees through a deposit, estimated by the city, within ten (10) days of the city’s request. When the city requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received.

B. Laws: If state or federal law conflicts with these regulations in any material respect, and if such law preempts a provision in these regulations, then the city shall amend these regulations to comply with such law.

C. Severability: If any clause, provision or any other part of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect.

D. Conflict. These regulations are in addition to other regulations in the city Code. In case of a conflict between regulations, the regulations in this chapter shall apply.

8-19: SEXUALLY ORIENTED BUSINESSES:

8-19-1: PURPOSE AND INTENT:

A. The purpose of this chapter is to regulate sexually oriented businesses which sell, display, or distribute indecent materials, or which sponsor, exhibit or engage in conduct, which is indecent, but which is not obscene such as to be prohibited by state law.

B. It is also the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses.

C. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

8-19-2: DEFINITIONS:

For the purposes of this chapter, certain terms and words are defined as follows:

COUCH OR STRADDLE DANCE: An employee of the establishment intentionally touching or coming within ten feet (10′) of any patron while engaged in the display or exposure of any “specified anatomical area”, or any “specified sexual activity”.

EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

ESTABLISHMENT: Means and includes any of the following:

A. The opening or commencement of any such business as a new business;

B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

C. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

D. The relocation of any such sexually oriented business.

LIVE ADULT ENTERTAINMENT: Any exhibition, dance, or performance for consideration by a person who appears nude or seminude, or a performance, which is characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”, including the performance of a “straddle” or “couch” dance.

NUDITY OR STATE OF NUDITY: The appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

OPERATOR: The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

PERMITTED OR LICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as a sexually oriented business.

PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.

PUBLIC BUILDING: Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

PUBLIC PARK OR RECREATION AREA: Any public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

PUBLIC PLACE: All outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including, but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission is charged. The term does not include private rooms used primarily for residential purposes, hotel rooms or other private places used for human habitation or bona fide dressing rooms or restrooms.

RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

RESIDENTIAL DISTRICT: Any district established by the zoning ordinance, which is characterized by residential uses.

RESIDENTIAL USE: A single-family dwelling, duplex, townhouse, multiple-family, or mobile park or subdivision and campground or other use characterized by its devotion to human habitation, excluding hotels, motels, boarding establishments or similar commercial establishments.

SCHOOL: Any public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUALLY ORIENTED BUSINESSES: Those businesses defined as follows: Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computers, or other similar image producing machines, for viewing by five (5) or fewer persons each, are regularly used to show films, motion pictures, videocassettes, DVDs, CD-ROMs, slides, computer generated images, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”. Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment which has significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:

A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, DVDs, CD-ROMs, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

C. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas”, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities”. For the purpose of determining whether a significant or substantial portion of the stock in trade or revenues consist of or is derived from the sale of materials which depict or describe “specified sexual activities” or “specified anatomical areas”, the amount of such stock in trade or revenues shall be compared to the aggregate amount of revenues derived from the sale of all such materials sold or displayed and the revenues or amount of stock in trade derived from or consisting of all materials described in subsections A and B of this definition, over a period of at least one month. Adult Cabaret: A nightclub, bar, restaurant, “bottle club”, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: a) persons who appear nude or in a state of nudity or seminude; b) live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”, or c) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”. Adult Motel: A motel, hotel or similar commercial establishment which: a) offers public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, DVDs, CD-ROMs, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or b) offers a sleeping room for rent for a period of time less than ten (10) hours; or c) for any form of consideration, allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours. Adult Motion Picture Theater: A commercial establishment where films, motion pictures, videocassettes, slides, DVDs, CD-ROMs, or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are shown for any form of consideration. Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities”. Escort: A person who, for any form of consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for or dance with another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities”, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas”. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. Nude Model Studio: Any place where a person, who regularly appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Sexual Encounter Establishment: A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” or the exposure of “specified anatomical areas” or activities when one or more of the persons is in a state of nudity or seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

SIGNIFICANT OR SUBSTANTIAL: At least twenty five percent (25%).

SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:

A. Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above the top of the areolas; or

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED CRIMINAL ACT: Any sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations.

SPECIFIED SEXUAL ACTIVITIES: As used in this chapter, means and includes any of the following:

A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

C. Masturbation, actual or simulated; or

D. Human genitals in a state of sexual stimulation, arousal or tumescence.

E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date hereof.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Includes any of the following:

A. The sale, lease or sublease of the business;

B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;

C. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

ZONING ORDINANCE: Minidoka zoning code, as presently constituted or as may be amended hereafter.

8-19-3: ESTABLISHMENT AND CLASSIFICATION OF BUSINESSES:

A. The establishment and operation of a sexually oriented business shall be permitted only in an industrial light (IL) or industrial heavy (IH) zone, and shall be subject to the restrictions set forth in this chapter.

B. No person shall cause or permit the establishment of a sexually oriented business within one thousand feet (1,000′) of another such business or within one thousand five hundred feet (1,500′) of any religious institution, school, boys’ club, girls’ club, or similar existing youth organization, or public park or public building, or within one thousand five hundred feet (1,500′) of any property zoned for residential use or used for residential purposes.

C. Notwithstanding the distance requirements of subsection B of this section, the location of sexually oriented businesses within retail shopping centers in such zones is permitted where such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious institutions, boys’ clubs, girls’ clubs, or similar existing youth organizations, public buildings or residential districts or uses.

8-19-4: MEASUREMENT OF DISTANCE:

Regarding subsection 8-19-3B of this chapter, distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys’ club, girls’ club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest point of the property line of the premises where the sexually oriented business is conducted, to the nearest point of the property line of the premises of a religious institution, public or private elementary or secondary school, boys’ club, girls’ club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes.

8-19-5: LOCATION OF SEXUALLY ORIENTED BUSINESSES:

Sexually oriented businesses shall be permitted only in the IL (industrial light) or IH (industrial heavy) zone and shall otherwise be subject to the provisions of this zoning ordinance applicable to such zones, together with the provisions of this chapter. In the event of any conflict between the zoning ordinance and this chapter, then the provisions of this chapter shall control. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in section 8-19-9 of this chapter. In addition, any person who owns, operates or controls a sexually oriented business shall be subject to the following restrictions:

A. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business except as provided in section 8-19-3 of this chapter.

B. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand five hundred feet (1,500′) of the following:

1. Any religious institution;

2. Any school;

3. The boundary of any residential zone;

4. A public park adjacent to any residential zone;

5. A property line of a lot devoted to residential use; or

6. A boys’ club, girls’ club, or similar existing youth organization, except as provided in subsection 8-19-3C of this chapter.

C. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000′) of another such business, which will include any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in subsection 8-19-3C of this chapter.

D. A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, except as provided in subsection 8-19-3C of this chapter, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

E. It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school, licensed by the state of Idaho; a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

c. Where no more than one nude model is on the premises at any one time.

8-19-6: REGULATIONS GOVERNING EXISTING BUSINESSES:

A. Any sexually oriented businesses lawfully operating on the effective date hereof that is in violation of sections 8-19-3 and 8-19-5 of this chapter shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of one year, with a possible extension of one year to be granted by the Mayor and city council only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000′) of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming, except as provided in subsection 8-19-3C of this chapter.

B. A sexually oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand five hundred feet (1,500′) of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

C. Any establishment subject to the provision of this section shall apply for the permit provided for by section 8-19-9 of this chapter within thirty (30) days of the effective date hereof. Any establishment, existing prior to the effective date hereof, shall comply with the regulations pertaining to sections 8-19-20, 8-19-22, and 8-19-30 of this chapter, within sixty (60) days of the effective date hereof, and all other applicable permit regulations within thirty (30) days of the effective date hereof.

8-19-7: INJUNCTION AND PROSECUTION:

A person who operates or causes to be operated a sexually oriented business without having a valid permit due to locational restrictions is subject to a suit for injunction as well as prosecution for the criminal violation as provided in this code.

8-19-8: PERMIT; PURPOSE AND INTENT:

It is the purpose of this chapter to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to in any way condone or legitimize the distribution of obscene or harmful material to minors.

8-19-9: PERMIT REQUIRED:

A. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business without said permit.

B. The Mayor or the Mayor’s designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. the Mayor or the Mayor’s designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of sections 8-19-3, 8-19-5, and 8-19-6 of this chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date hereof in the city and the city comprehensive plan.

C. The Sheriff shall be responsible for enforcing all other provisions of this chapter. The Sheriff shall, upon request from the Mayor or the Mayor’s designee, provide information on whether an applicant has been convicted of a specified criminal act during the time period set forth.

D. The Mayor or the Mayor’s designee and the applicable law enforcement department shall be jointly responsible for inspecting a proposed, permitted or nonpermitted sexually oriented business in order to ascertain whether it is in compliance with this chapter.

E. An application for a permit must be made on a form provided by the city. Any person desiring to operate a sexually oriented business shall file with the city clerk an original and two (2) copies of a sworn permit application on the standard application form supplied by the city or designee.

F. The completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age;

b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Idaho, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he must state:

a. The sexually oriented business’s fictitious name, and

b. Submit documents evidencing compliance with chapter 5, title 53, Idaho Code.

3. Whether the applicant or any of the other individuals listed pursuant to this section has, within the two (2) or five (5) year period as specified in section 8-19-11 of this chapter immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

4. Whether the applicant or any of the other individuals listed pursuant to this subsection F has had a previous permit under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this subsection F has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5. Whether the applicant or any other individual listed pursuant to this subsection F holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.

6. The single classification of permit for which the applicant is filing.

7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

8. The mailing addresses and residential addresses of the applicant and each partner, member, officer, director and shareholder listed in this subsection F.

9. A recent photograph of the applicant(s) or its manager, partner, member or president.

10. The driver’s permit number, social security number, and/or state or federally issued tax identification number of the applicant or its manager, partner, member or president.

11. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6″).

12. A current certificate and straight line drawing prepared within thirty (30) days prior to application by an Idaho registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand five hundred feet (1,500′) of the property to be certified; the property lines of any established religious institution/ synagogue, school, or public park or recreation area within one thousand five hundred feet (1,500′) of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand five hundred feet (1,500′) of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. Sexually oriented businesses allowed under subsection 8-19-3C of this chapter are exempt from this requirement.

13. If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity, which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.

14. If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, videocassettes, DVDs, CD-ROMs, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at section 8-19-20 et seq., of this chapter.

G. Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the city clerk or his/her designee, shall be grounds for suspension of a permit.

H. In the event that the city clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is expressly allowed an opportunity to properly complete the application.

I. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with all federal, state or city health, fire and building codes and laws.

J. The applicant shall be required to pay a nonrefundable application fee at the time of filing an application under this chapter, which fee shall be in the same amount as the fee required for a special use permit application.

K. Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the Mayor or the Mayor’s designee, or his or her designee, a certification that the proposed location of such business complies with the locational requirements of sections 8-19-5 and 8-19-6 of this chapter.

L. The fact that a person possesses other types of state or city permits and/or licenses does not exempt the applicant from the requirement of obtaining a sexually oriented business permit.

M. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Mayor or the Mayor’s designee, the Sheriff and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.

N. The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed pursuant to section 8-19-19 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed.

8-19-10: INVESTIGATION AND APPLICATION:

A. Upon receipt of an application properly filed with the city clerk and upon payment of the nonrefundable application fee, the city clerk or his/her designee, shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Sheriff and any other city divisions or agencies responsible for enforcement of health, fire and building codes and laws. Each division or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within twenty (20) days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The Sheriff shall only be required to certify the NCIC records request check mentioned in section 8-19-11 of this chapter. The Sheriff shall not be required to approve or disapprove applications.

B. The city council shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city.

8-19-11: ISSUANCE OF PERMIT:

A. Application Approval Or Rejection: The city council shall grant or deny an application for a permit within sixty (60) days from the date of its proper filing. Upon the expiration of the sixtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the Mayor or the Mayor’s designee, or his/her designee, notifies the applicant of a denial of the application and states the reason(s) for that denial.

B. Grant Of Application For Permit:

1. The city council shall grant the application unless one or more of the criteria set forth in subsection C of this section is present.

2. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business whether permitted or not may be subject to prohibitions against public nudity and indecency pursuant to the United States supreme court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.

C. Denial Of Application For Permit:

1. The city council shall deny the application for any of the following reasons:

a. An applicant is under eighteen (18) years of age.

b. An applicant or an applicant’s spouse is overdue on his/her payment to the city of any taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.

c. An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked by any other governmental or regulatory agency within the preceding twelve (12) months.

d. An applicant has failed to provide information required by this section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.

e. The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire and building codes by the Mayor’s office or agency responsible under law for investigating said compliance.

f. The application or permit fees required by this chapter have not been paid.

g. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter including, but not limited to, the zoning locational requirements for a sexually oriented business under sections 8-19-3, 8-19-5, and 8-19-6 of this chapter.

h. The granting of the application would violate a statute, ordinance, or court order.

i. The applicant has a permit under this chapter, which has been suspended or revoked.

j. An applicant has been convicted of a “specified criminal act” for which:

(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty four (24) month period;

(4) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

(5) An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required above in this subsection C1j has elapsed.

                        k. An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in section 8-19-19 of this chapter.

2. If the city council denies the application, the city clerk shall notify the applicant of the denial and state the reason(s) for the denial within ten (10) days after the date of such denial.

3. If a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

8-19-12: ANNUAL PERMIT FEE:

The annual fee for a sexually oriented business permit or for any part of a year is eight hundred fifty dollars ($850.00). Such fee shall accompany the application filed under subsection 8-19-9F of this chapter.

8-19-13: INSPECTION:

A. An applicant or permittee shall permit representatives of the planning and zoning office, the county health department, and the fire department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

B. It shall be unlawful for a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, or his/her agent or employee, if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business.

8-19-14: EXPIRATION OF PERMIT:

A. Each permit or license shall expire on December 31 of the year in which it was issued and may be renewed only by making application as provided in section 8-19-11 of this chapter (for renewals, filing of original survey shall be sufficient). Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.

B. When the city council denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city council finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final.

8-19-15: SUSPENSION OF PERMIT:

A. The Mayor or the Mayor’s designee and/or the Sheriff shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has:

1. Violated or is not in compliance with any section of this chapter; or

2. Been under the influence of alcoholic beverages while working in the sexually oriented business premises; or

3. Refused to allow an inspection of sexually oriented business premises as authorized by this chapter; or

4. Knowingly permitted gambling by any person on the sexually oriented business premises; or

5. Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension.

6. Engaged in permit transfer contrary to section 8-19-18 of this chapter. In the event that the Mayor or the Mayor’s designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to section 8-19-18 of this chapter, the director or his/her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied.

7. Operated the sexually oriented business in violation of the hours of operation required in section 8-19-23 of this chapter.

8. Knowingly employs a person who does not have a valid license as required in section 8-19-19 of this chapter.

B. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

8-19-16: REVOCATION OF PERMIT:

A. The city council shall revoke a permit if a cause of suspension in section 8-19-15 of this chapter occurs and the permit has been suspended within the preceding twelve (12) months.

B. The city council shall revoke a permit upon determining that:

1. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a permit; or

2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or

3. A permittee or an employee has knowingly allowed prostitution on the premises; or

4. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s permit was suspended; or

5. A permittee has been convicted of a “specified criminal act” for which the time period required in section 8-19-11 of this chapter has not elapsed; or

6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or

7. A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business; or

8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.

9. A permittee has been operating more than one sexually oriented business under a single roof except as provided in subsection 8-19-3C of this chapter.

C. When the city council revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the city council finds that the basis for revocation under this section has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this section, an applicant may not be granted another permit until the number of years required under this section have elapsed.

8-19-17: JUDICIAL REVIEW OF PERMIT DENIAL, SUSPENSION OR REVOCATION:

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek review of such administrative action pursuant to and within the time frames established by the Idaho administrative procedure act.

8-19-18: TRANSFER OF PERMIT:

A. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:

1. Obtains an amendment to the permit from the city council which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city clerk or his/her designee, setting forth the information called for under section 8-19-11 of this chapter in the application; and

2. Pays a transfer fee of twenty percent (20%) of the annual permit fee set by this chapter.

C. No permit may be transferred when the Mayor or the Mayor’s designee, the Sheriff or the city council have notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

D. A permittee shall not transfer his permit to another location.

E. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be deemed revoked upon the date such transfer is made.

8-19-19: EMPLOYEE LICENSE:

A. License; Fee: Each individual to be employed in a sexually oriented business, as defined in section 8-19-2 of this chapter, who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of one hundred dollars ($100.00). Said fee is to cover reasonable administrative costs of the licensing application process.

B. License Form: Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city clerk or his/her designee the following information:

1. The applicant’s name or any other names (including “stage” names) or aliases used by the individual;

2. Age, date, and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number;

5. Present business address and telephone number;

6. State driver’s license or identification number;

7. Social security number; and

8. Acceptable written proof that the individual is at least eighteen (18) years of age.

9. Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Sheriff. Any fees for the photographs and fingerprints shall be paid by the applicant.

10. A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

11. Whether the applicant has been convicted of a “specified criminal act” as defined in section 8-19-2 of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.

12. The city clerk or his or her designee shall refer the sexually oriented business employee license application to the Sheriff for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten (10) days from the date the completed application is filed. After the investigation, the city clerk or his or her designee shall issue a license unless the report from the Sheriff finds that one or more of the following findings is true:

a. That the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the sheriff’s department or other city department;

b. That the applicant is under eighteen (18) years of age;

c. That the applicant has been convicted of a “specified criminal act” as defined in section 8-19-2 of this chapter;

d. That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter;

e. That the applicant has had a sexually oriented business employee license revoked by the city or any other governmental or regulatory agency within two (2) years of the date of the current application.

C. Renewal Of License:

1. A license granted pursuant to this section shall be subject to annual renewal by the city clerk or his or her designee upon the written application of the applicant and a finding by the city clerk or his or her designee and the Sheriff that the applicant has not been convicted of any “specified criminal act” as defined in section 8-19-2 of this chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.

2. The renewal of the license shall be subject to payment of a fee of twenty five dollars ($25.00).

8-19-20: REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS IN VIDEO BOOTHS:

A. A person who operates or causes to be operated a sexually oriented business, other than an adult motel and regardless of whether or not a permit has been issued to said business under this chapter, and who exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, DVDs, CD-ROMs, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1. Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty two (32) square feet of floor area with no dimension greater than eight feet (8′). The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches (±6″). The Mayor or the Mayor’s designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2. The application shall be sworn to be true and correct by the applicant.

3. No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Mayor or the Mayor’s designee.

4. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.

5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in subsection A5 of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this subsection A.

7. No viewing room may be occupied by more than one person at any one time. No holes, commonly known as “glory holes”, shall be allowed in the walls or partitions, which separate each viewing room from an adjoining viewing room or restroom.

8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2) foot-candles as measured at the floor level.

9. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

B. A person having a duty under subsections A1 through A9 of this section commits a misdemeanor if he/she knowingly fails to fulfill that duty.

8-19-21: PROHIBITIONS REGARDING MINORS AND SEXUALLY ORIENTED    BUSINESSES:

A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly or with reasonable cause to know, permits, suffers, or allows:

A. Admittance of a person under eighteen (18) years of age to the business premises unless accompanied by a parent or guardian;

B. A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;

C. A person under eighteen (18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or

D. A person who is under eighteen (18) years of age to work at the business premises as an employee.

8-19-22: ADVERTISING AND LIGHTING REGULATIONS:

A. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

B. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

C. It shall be unlawful for any permittee to allow any portion of the interior premises of a sexually oriented business to be visible from outside the licensed premises.

D. All off street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

E. Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the city zoning ordinance, as it may be amended from time to time, or any subsequently enacted city ordinances or regulations.

8-19-23: HOURS OF OPERATION:

A. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service on Sunday between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of the following Monday or between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of any other day.

B. It shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service on Sunday between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of the following Monday or between the hours of one o’clock (1:00) A.M. and nine o’clock (9:00) A.M. of any other day.

8-19-24: PUBLIC NUDITY PROHIBITED:

A. The United States supreme court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 S. Ct. 2456, 115 L. Ed.2d 504 (1991) and Erie v. Pap’s A.M., 120 S. Ct. 1382, 146 L. Ed.2d 265, upheld the rights of cities to prohibit public nudity at any sexually oriented businesses, regardless of whether or not a permit has been issued to said businesses, including businesses where no alcoholic beverages are sold, served, or consumed at the premises. The city expressly finds that the secondary effects associated with live adult entertainment and public nudity adversely impact and threaten to impact the public health, safety and welfare by providing an atmosphere conducive to violence, sexual harassment, public intoxication, prostitution, the spread of sexually transmitted disease and other deleterious effects. Accordingly, consistent with such decisions, the city intends by this chapter to prohibit public nudity within the city.

B. No person shall knowingly or intentionally, in a public place:

1. Engage in sexual intercourse,

2. Appear in a state of nudity,

3. Fondle his or her genitals or the genitals of another person, or

4. Engage in specified sexual activities.

C. No person who owns, operates or otherwise controls a sexually oriented business shall permit, allow, hire, sponsor or employ any other person for the purpose of appearing in a state of nudity at any public building, public park or recreation area or public place.

D. The prohibition set forth in subsections B and C of this section shall not apply to:

1. Any child under ten (10) years of age;

2. Any individual exposing a breast in the process of breast feeding an infant less than two (2) years of age;

3. Any person while performing any excretory function within a public restroom;

4. Any person changing his or her clothing in a dressing room, the sole purpose of which is to provide personal privacy for such purposes; or

5. Any person while receiving medical or therapeutic treatment from any physician, paramedic, nurse or other medical practitioner licensed by the state of Idaho.

8-19-25: PROHIBITION OF LIVE ADULT ENTERTAINMENT:

A. No person shall perform, cause or allow the performance of live adult entertainment in any public place within the city or at any private place or location where any individual admissions charge or consideration is charged to or collected from persons attending such performance.

B. No employee of a sexually oriented business shall engage in any “specified sexual activity” or display or expose any “specified anatomical area” while acting as a waiter, waitress, host, hostess, or bartender.

8-19-26: ADDITIONAL CRIMINAL PROHIBITIONS FOR OPERATION WITHOUT A       VALID PERMIT:

In addition to the criminal provisions in other sections of this chapter, the following additional criminal provisions shall also apply to sexually oriented businesses:

A. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:

1. The business does not have a sexually oriented business permit under this chapter for any applicable classification;

2. The business has a permit which is under suspension;

3. The business has a permit which has been revoked; or

4. The business has a permit which has expired.

8-19-27: EXEMPTIONS:

A. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

c. Where no more than one nude model is on the premises at any one time.

B. It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees.

8-19-28: CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF:

A. In addition to whatever penalties are applicable under the Idaho criminal code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person upon conviction of such offense, shall be guilty of a misdemeanor. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

B. Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

C. All remedies and penalties provided for in this section shall be cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

8-19-29: IMMUNITY FROM PROSECUTION:

The city and its designee, the Sheriff and all other departments and agencies, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon property owned or controlled by a sexually oriented business while acting within the scope of authority conferred by this chapter.

8-19-30: PROHIBITION OF DISTRIBUTION OF SEXUAL DEVICES:

It is unlawful for any person to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments or paraphernalia include, but are not limited to: phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools designed for sadomasochistic abuse.

8-19-31: SCOPE AND INTERPRETATION:

Notwithstanding the other provisions of this title, nothing in this chapter shall apply to the sale, loan, distribution, dissemination, presentation or exhibition of material or live conduct which is obscene, as defined under chapter 41, title 18, Idaho Code, unless such chapter or any provision thereof, is determined to be unconstitutional or unenforceable for any reason. This chapter shall be interpreted to be consistent in all respects with the provisions of Idaho Code section 18-4113 and shall be applicable only to the extent it regulates the sale, loan, distribution, dissemination, presentation or exhibition of material or live conduct that is not otherwise obscene, as defined by Idaho Code section 18-4101, provided, however, if any provision of such chapter of the Idaho Code is determined to be unconstitutional or unenforceable for any reason, then this chapter shall be fully enforceable notwithstanding such determination.

8-19-32: SEVERABILITY:

If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.

8-20: WELLHEAD PROTECTION:

8-20-1: PURPOSE:

The purpose of this chapter is to ensure the provisions of safe and sanitary drinking water supply for the city of Minidoka by the establishment of wellhead protection zones surrounding the wellheads for all wells which are the supply sources for the Minidoka city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.

8-20-2: DEFINITIONS:

When used in this chapter the following words and phrases shall have the meanings given in this section:

HAZARDOUS OR TOXIC WASTE OR MATERIAL: Any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may:

A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

B. Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.

C. “Hazardous or toxic waste” means any material or substance designated as a hazardous or toxic substance by the United States Of America acting through the environmental protection agency, or any successor agency, section 101 (14) of the comprehensive environmental response, compensation and liability act of 1980, or any material or substance designated as a hazardous or toxic substance by the state of Idaho, acting through the division of environmental quality or any successor agency.

SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments.

ZONE I: An area extending fifty feet (50′) radially from any wellhead supplying potable water to the city water system.

ZONE II: An area extending between the fifty feet (50′) designated as zone I and the city impact area.

ZONE III: The city’s area of impact.

8-20-3: ESTABLISHMENT OF WELLHEAD PROTECTION ZONES:

There is hereby established a use district to be known as a wellhead protection area identified and described as all the area within the city limits and to include the city impact area. It is further established that this area be composed of two (2) zones: “zone I” and “zone II” as they are defined in section 8-20-2 of this chapter.

8-20-4: RESTRICTIONS WITHIN ZONE I OF THE WELLHEAD PROTECTION AREA:

The following uses or conditions, including, but not limited to, shall be and are hereby prohibited within zone I of the wellhead protection area:

Hazardous or toxic waste disposal sites. Sanitary landfills. Sanitary sewer lines and septic systems within one hundred feet (100′) of a wellhead (existing systems within 100 feet must be maintained in very good repair and monitored on a regular basis). Surface use or storage of hazardous or toxic material, expressly including herbicide and pesticide applications to the soils, groundwater or surface water. Underground storage tanks.

8-20-5: PERMITTED USES:

The following uses shall be permitted only within zone II of the wellhead protection area: Most uses will not be restricted as long as these uses comply with the existing ordinances, county, state and federal regulations pertaining to the discharge of contaminates.

8-20-6: RESTRICTIONS WITHIN ZONE II OF THE WELLHEAD PROTECTION AREA:

The following uses or conditions, including, but not limited to, shall be and are hereby prohibited within zone II of the wellhead protection area, whether or not such uses or conditions may otherwise be ordinarily included as a part of a use permitted under section 8-20-5 of this chapter: Agricultural uses, immediately adjacent to a wellhead and outside zone I, shall be restricted specifically, and raising, keeping of livestock will be prohibited within five hundred feet (500′) of wellhead, and other similar uses beyond this limit will be subject to restrictions if warranted. Hazardous or toxic waste disposal sites. Sanitary landfills. Sanitary sewer lines and septic systems within one hundred feet (100′) of a wellhead (existing systems within 100 feet must be maintained in very good repair and monitored on a regular basis). Underground injection wells.

8-20-7: ZONE III USES:

Not in contravention with any existing or any hereafter validly enacted ordinance, rule, regulation or law of any governing body having lawful jurisdiction pertaining to health and sanitation, there shall be no restrictions in zone III.

8-20-8: ADMINISTRATION:

The policies and procedures for administration of any wellhead protection zone established under this chapter, including, without limitation, those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinances for the city of Minidoka, as the same is presently enacted or may from time to time be amended.