10.  STANDARDS FOR SPECIFIC USES

 

10.1.                     Standards for Commercial, Light Industrial and Industrial Use: The following provisions apply equally to all commercial, light industrial and industrial uses operating within the jurisdiction of Boundary County.

10.1.1.  Hazardous Materials: Any commercial or industrial activity involving the use or storage of hazardous materials, including but not limited to flammable, explosive, corrosive, poisonous or radioactive materials will provide for the safe storage and handling of these materials in compliance with current state and federal regulations so as not to threaten public safety. Such materials will be stored or kept for disposal in areas secure from public trespass.

10.1.2.  Dust: Excessive dust from commercial or industrial activities, parking areas and access ways will be controlled by landscaping, paving, application of dust suppression materials or by installation of filters, as appropriate.

10.1.3.  Noise: Regularly occurring noise from commercial or industrial activities will be muffled, contained or otherwise controlled to reduce volume at the nearest property line similar to the sound of a residential lawnmower.

10.1.4.  Lighting: All permanently installed exterior lighting will be designed and placed so as not to produce glare onto adjoining properties or roadways.

10.2.                    Off-Street Parking: In all zone districts, off-street parking areas will be depicted on development permit applications, to include access ways, in accordance with the minimum standards here established:

10.2.1.  Residential: A minimum of two parking spaces will be provided for each single-family residential unit.

10.2.2.  Transient Lodging Facilities: One parking space will be provided for each guest room or suite, plus additional parking sufficient to accommodate staff, including shift change.

10.2.3.  Public Assembly Places:

10.2.3.1.        Community halls, restaurant, clubs, dances halls and similar public gathering places will provide at minimum one parking space per 100 square feet of interior space.

10.2.3.2.        Auditoriums, theaters, churches and like places of public assembly will provide at minimum one parking space for each three seats or two parking spaces for each 100 square feet of interior space, whichever is greater.

10.2.3.3.        Public assembly places having a limited occupancy fire rating will provide one parking place for each three persons allowed in occupancy.

10.2.4.  Commercial and Industrial Uses:

10.2.4.1.        Off-street public parking will be provided within 300 feet of the primary structure for all commercial or industrial uses.

10.2.4.2.        Parking will include sufficient area to accommodate the highest number of employees on shift at any one time, to include shift change.

10.2.4.3.        Banks, professional offices, retail business establishments and service businesses will provide at minimum one parking space for each 400 square feet of interior space.

10.2.4.4.        Warehouse, manufacturing and other industrial businesses will provide at minimum one parking space per 1,000 square feet of interior floor space.

10.2.5.  Size and Placement of Off-Street Parking Spaces:

10.2.5.1.        Each off-street parking space will have an area of not less than 200 square feet, exclusive of drives and aisles, and a width of not less than 10 feet. Each parking space will have sufficient ingress and egress to a drive or aisle of sufficient width to provide space for backing and turning.

10.2.5.2.        Parking spaces will be situated so that vehicles in the process of parking do not project into any road, thoroughfare or public right-of-way.

10.2.5.3.        Designated handicap parking spaces will be provided pursuant to Idaho Code.

10.2.5.4.        When the normal business hours of two or more adjacent commercial or industrial establishments do not generally overlap, off-street parking may be combined to equal or exceed the highest number of spaces required by any one establishment.

10.2.5.5.        Parking areas will be designed to include drainage to prevent surface water from flowing onto adjoining properties.

10.2.5.6.        All driveway approaches connecting to a county road or state highway will be approved by Boundary County Road and Bridge or the Idaho Department of Transportation, as appropriate.

10.2.5.7.        Boundary County does not require that parking areas be surfaced, only proof of sufficient land area to accommodate the use.

10.3.                    Signs

10.3.1.  Applicability: The provisions of this sub-section apply to all freestanding advertising signs placed within the jurisdiction of Boundary County.

10.3.2.  Exemptions: The provisions of this sub-section do not apply to:

10.3.2.1.        Political campaign signs placed in conformance with state law.

10.3.2.2.        Temporary on-premise signs for the purpose of identifying property for sale.

10.3.2.3.        Temporary signage, not to exceed eight square feet in size, placed for the purpose of announcing an event of limited duration, such as a yard sale, wedding reception, reunion, or similar activity.

10.3.2.4.        Advertising signs painted on or attached to a building or structure so as not to increase the overall height or size of the structure.

10.3.3.  On-Premise Signs: On premise signs are free standing signs erected or placed on the same lot or parcel as the business or enterprise being advertised. The following provisions apply:

10.3.3.1.        Not more than two freestanding on-premise signs related to any use not regulated by Boundary County or any use approved by issuance of an administrative development permit in any zone district except Rural Community/Commercial, Commercial/Light Industrial or Industrial, provided the face of the sign do not exceed 32 square feet in surface area or exceed twelve feet in height above ground surface. Such signs shall not be placed in any right of way or easement, and will not interfere with traffic or impede traffic line-of-sight. Such signs may be two-sided and illuminated front and back, but will not be moving, blinking or flashing and will not produce glare to traffic or on adjoining properties.

10.3.3.2.        One freestanding on-premise sign not to exceed 600 square feet in surface area or 20 feet in height above ground surface will be allowed as depicted in an approved development permit application for commercial or industrial enterprises located in the Rural Community/Commercial, Commercial/Light Industrial and Industrial zone districts. Such signs may be two sided and illuminated front and back, and may be moving, flashing or blinking provided they do not produce glare to traffic.

10.3.3.3.        One freestanding on-premise sign not to exceed 300 square feet of surface area or 18 feet in height above ground surface will be allowed in any zone district as depicted in an approved development permit application for a conditional use permit. Such signs may be two sided and illuminated front and back, and may be moving, flashing or blinking provided they do not produce glare to traffic or onto adjacent properties.

10.3.3.4.        On-premise signs in excess of the restrictions established above may be considered by variance in all zone districts on parcels or lots on which a commercial or industrial use has been established.

10.3.4.  Off Premise Signs: Off premise signs are freestanding signs situated on a different lot or parcel than the business being advertised. The following provisions apply:

10.3.4.1.        Off premise signs are prohibited in the Prime Forestry, Prime Agriculture, Agriculture/Forestry, Suburban, Rural Residential and Residential zone districts.

10.3.4.2.        Off premise signs advertising businesses not located within Boundary County are prohibited in all zone districts.

10.3.4.3.        Not more than one free standing off-premise sign may be considered as a conditional use within those urban areas of Boundary County zoned Rural Community/Commercial, Commercial or Industrial, provided a business or public assembly facility has been established on the lot or parcel on which the off premise sign is proposed. Off premise signs will not exceed 600 square feet of surface area or 24 feet in height above ground surface. Such signs may be two sided and illuminated front and back, and may be moving, flashing or blinking provided they do not produce glare to traffic or onto adjacent properties.

10.3.4.4.        Off premise signs in excess of the standards established at 11.3.4.3, above, are prohibited.

10.4.                    Towers and Wireless Communications Facilities

10.4.1.  Definitions:

10.4.1.1.        Tower: A structure taller than its diameter; which can stand alone or be attached to a larger building, which can be used for wind power generation, storage, or for the placement of wireless communications antennas.

10.4.1.2.        Wireless Communications Facilities: Any facility designed and used for transmitting, receiving or relaying an electronic signal, to include the site area, towers and antennae.

10.4.2.  Exemptions:

10.4.2.1.        Reception antennas, dishes and receivers used to provide a signal to individual businesses or residences may be established as a use not regulated by Boundary County in all zone districts.

10.4.2.2.        Building-mounted transmission antennas or towers not exceeding 30 feet in height above ground surface may be established as a use requiring an administrative development permit in all zone districts.

10.4.2.3.        Freestanding towers not exceeding 50 feet in height above ground surface may be established as a use requiring an administrative development permit in all zone districts.

10.4.2.4.        Communications towers, antennas, receivers or transmitters maintained by the Boundary County Translator Board or used for communication for the provision of emergency services.

10.4.3.  Standards:

10.4.3.1.        The county may impose height limitations based on tower location and topography. No tower will intrude into protected airspace within the airport overlay.

10.4.3.2.        Approved towers and wireless communications facilities are exempt from minimum parcel size standards within any zone district in which they are established, provided the outside boundaries of the parcel or lot will be equal to the actual height of the tower plus 25 feet.

10.4.3.3.        Only such lighting as required by the Federal Aviation Administration is allowed, and such lighting requirements will be met in the manner least obtrusive to those on the ground. Where allowed by the FAA, such lighting will be shielded from ground view, and nighttime lighting will be steady burning aviation red. Where flashing lighting is required, reduced intensity lighting will be used for nighttime operations. Security lighting at ground level will be allowed, provided the lighting is shielded or directed so as to prevent glare to traffic or glare onto adjacent properties.

10.4.3.4.        Wireless communications facilities providing signal for cellular service will be designed to allow co-location, and the addition of transmitters or receivers on an approved tower will not be regulated by Boundary County, provided such additions do not increase the overall height of the tower.

10.4.3.5.        Towers or wireless communications facilities will not be used for signage except as required for safety.

10.4.4.  Application: In addition to a site plan and other application information required by Boundary County for issuance of a development permit, applicants seeking to establish a tower or wireless communications facility shall provide:

10.4.4.1.        Photo or graphic simulations depicting the appearance of the facility proposed.

10.4.4.2.        A coverage map indicating those areas that will be served by a proposed communications facility.

10.5.                    Junkyards:

10.5.1.  Non-Commercial Junk Yards:

10.5.1.1.        Where a non-commercial junk yard exists at the time of adoption of this ordinance in those zone districts in which such use is prohibited, such use shall be deemed a non-conforming use pursuant to the provisions of Section 19, but must meet or be brought to meet the general provisions established below to allow continuance of the use.

10.5.1.2.        Non-commercial junkyards established or maintained contrary to the provisions established herein constitute are hereby deemed a public nuisance subject to the provisions of IC 18-5901.

10.5.2.  Commercial Junk Yards:

10.5.2.1.        Where a commercial junk yard exists at the time of adoption of this ordinance, such use shall be deemed a non-conforming use pursuant to the provisions of Section 19, but must meet or be brought to meet the general provisions established below to allow continuance of the use.

10.5.2.2.        Commercial junkyards established or maintained contrary to the provisions established herein are hereby deemed a public nuisance, subject to the provisions of IC 18-590.

10.5.3.  General Provisions, Junkyards:

10.5.3.1.        All junkyards will be screened, either by opaque fencing, natural topography or vegetation sufficient to block the use from view from any adjacent property or public right of way and to prevent trespassing. When fencing is used, such fencing will not exceed twelve (12) feet in height. No scrap or junk materials will be stacked, stored or piled to a height exceeding the height of the fence.

10.5.3.2.        No junk yard will be located or established within three hundred feet of the boundary of an identified wetland, from the normal high-water mark of any surface water, or from an existing well head.

10.5.3.3.        No junkyard will be located or established within a FEMA identified A flood zone.

10.5.3.4.        No junkyard will be used as an unregulated dumping area for refuse or as a place for the burning or disposal of trash.

10.5.3.5.        Prior to final approval of a development permit application to establish a junkyard, a noxious weeds analysis will be conducted of the site and, if necessary, a plan approved by the Boundary County Weed Control Superintendent will be submitted and implemented so as to prevent their spread.

10.5.3.6.        Security lighting may be used within the junkyard, but will be directed or shielded so as not to shine or produce glare onto adjoining properties or public roads.

10.6.                    Mobile Home Parks: Mobile home parks are the use of a single parcel or lot for the placement of multiple temporary or long-term mobile residential or recreational structures, to include mobile homes, recreational vehicles and manufactured homes.

10.6.1.  Each stall or space will be designed so that a minimum of twenty (20) feet separates each unit, based on the largest size structure the space can accommodate.

10.6.2.  Spaces and accessory structures will be arranged in such a manner as to meet minimum setback requirements established within the zone district.

10.6.3.  Roads, rights of ways and approaches within a mobile home park will be constructed to the standards applicable in an urban subdivision, and a minimum of two interconnected points of ingress and egress to a maintained public road will be provided.

10.6.4.  Connections will be provided at each space for public services, to include at minimum water, sewage disposal and electricity.

10.6.5.  Development permit application site plans for the establishment of a mobile home park will include the following:

10.6.5.1.        Detailed drawings depicting the location and dimensions of each space; parking areas, access ways, walkways and utility corridors; common areas and facilities; open space and other detail sufficient to provide a clear picture of the proposed use, as well as landscaping, fencing or other methods to enhance the proposed park and/or to mitigate potential adverse impacts on adjoining properties.

10.6.5.2.        A fire mitigation plan, approved by the authorized representative of the fire district, department or association serving the proposed mobile home park.

10.6.5.3.        Covenants, conditions and restrictions applicable to tenants occupying the park.

10.6.5.4.        No development permit application shall be required for the placement of mobile, manufactured or recreational vehicles in an approved mobile home park.

10.7.                    Penalties for Violation: Violation of any standard for specific use will constitute an infraction pursuant to Section 4.1.1.1.