CHAPTER 14: STANDARDS FOR SPECIFIC USES
Section 1: General: The standards contained within this chapter set forth standards and requirements for specific uses in all zone districts, whether the specific use is a permitted use or subject to conditional or special use procedures or site plan review.
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Section 2: Home Based Businesses:
(AMENDED SEPTEMBER 2003)
A. A home business occupation is hereby defined as any use intended for fiscal gain conducted on the same parcel on which the primary residence of the owner is located. There shall be no modification to the exterior of the residence, any accessory structure or to the parcel which reveals the existence of a business from outside view except signage as permitted in Section 6A, this chapter. A home business shall create no traffic, noise, dust or other nuisance in excess of that customary in the neighborhood in which the enterprise is proposed.
B. Businesses identified as a use by right or enterprises operated solely by occupants of the residence and which involve no outdoor signage or displays of merchandise or materials shall be exempt from the provisions of this section.
C. Prior to the establishment or expansion of a home-based business, the owner shall submit application for a home business occupation certificate and a site plan. The application shall include hours of operation, estimated traffic as a result of the enterprise, the type of business being conducted and other information necessary to depict a clear and unambiguous description of the business proposed; the site plan shall depict all structures on the parcel, existing and proposed, signage, ingress and egress, parking and any additional information necessary to accurately define the proposed use.
D. Signage shall not exceed limits set forth at Section 6A, this chapter, and shall be depicted on the site plan.
E. Space for off-street parking for employees and customers shall be provided on the parcel on which the business is conducted pursuant to Section 3, this chapter, and shall be depicted on the site plan.
F. If the zoning administrator determines that the proposed home-based business does not meet the provisions of this section, the applicant shall be advised in writing of the reason for the decision and informed of the procedure necessary to gain consideration, be that by conditional use or special use permit application. If an application is so denied, the applicant may request the Planning and Zoning Commission review the application, with the review to be scheduled on the next available meeting agenda. After consideration, the Planning and Zoning Commission may uphold or reverse the decision of the zoning administrator.
G. If the zoning administrator determines that the proposed business is incidental to the residential use and meets the provisions of this section, a home business occupation certificate shall be issued.
H. Upon approval of a home business occupation certificate, the specifications in the application and the limits specified on the permit shall be the controlling documents for that use, and any expansion or alteration shall require additional permitting processes.
I. Home business occupation licenses shall belong to the applicant and the parcel and shall not be transferable.
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Section 3: Off Street Parking Requirements for Specific Uses: In all zone districts, off-street parking shall be provided in accordance with the minimum standards set forth herein.
A. Transient Lodging Facilities
1. Transient lodging facilities shall include hotels, motels, bed and breakfast resorts, lodging houses or boarding houses.
2. One (1) parking space shall be provided for each room or suite, plus one (1) additional space for each employee. Off street parking shall be provided on the same lot or parcel as the primary structure.
B. Community Facilities
1. Community halls and private clubs or lodges not providing overnight lodging will provide one (1) parking space for each one hundred (100) square feet of finished area, including office areas but excluding storage areas.
2. Auditoriums, theaters, stadiums, churches, mortuaries, dance halls, recreation halls, community centers and similar places of public assembly shall provide one (1) parking space for each three seats or two (2) parking spaces for each one hundred (100) square feet of finished area.
3. Hospitals, treatment centers and similar facilities shall provide one (1) parking space for each five hundred (500) square feet of finished area.
4. Community facilities having a limited occupancy fire rating shall provide one (1) parking space for each three (3) persons allowed in occupancy.
D. Commercial and Industrial Uses
1. Off street parking shall be provided not more than three hundred (300) feet from the primary structure for all commercial and industrial uses.
2. General and professional offices, banks, retail stores and service establishments shall provide one (1) parking space for each four hundred (400) square feet of finished area.
3. Restaurants, nightclubs, taverns and lounges shall provide one (1) parking space for each fifty (50) square feet of customer service area, or one (1) parking space for each two hundred (200) square feet of finished area.
4. Wholesale warehouses, manufacturing and industrial facilities shall provide one (1) parking space for each one thousand (1,000) square feet of enclosed floor space or two (2) parking spaces for each three (3) employees on the largest shift.
E. Size and Location of Off-Street Parking Spaces
1. Each off-street parking space shall have an area of not less than two hundred (200) square feet, exclusive of drives or aisles, and a width of not less than ten (10) feet. Each parking space shall have ingress and egress to a drive or aisle of sufficient width to provide space for backing and turning.
2. Parking spaces shall be designed so that parked vehicles do not project into any public right of way.
3. Designated handicapped parking spaces shall be provided pursuant to Idaho Code.
4. When the normal business hours of two or more commercial or industrial uses do not generally overlap, off-street parking may be provided jointly if specified in the commercial site plan of each business.
5. Parking areas with asphalt, concrete or bituminous surface treatment shall be designed to include drainage facilities to prevent surface waters from flowing onto adjacent properties.
6. Parking areas for community facilities, multiple family dwellings, commercial and industrial uses shall be designed to allow for on-site storage of snow removed from the parking area without impeding access or infringing on adjacent properties.
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Section 4: Zero Lot Line Residences: In zone districts where permitted or allowed as a conditional or special use, pairs of single family dwellings may be constructed with a shared wall, either on a single parcel or an a shared side lot line.
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Section 5: Mobile Home Parks:
A. Mobile home parks shall be considered areas in which multiple residential lots have been established on a single parcel of land for the placement of mobile homes, manufactured homes or recreational vehicles. No portion of this section shall limit or prohibit the placement of a single manufactured or mobile home on a parcel for use as a residence, subject to the zone district in which it is located.
B. Each stall, space or lot shall be designed to provide at least one (1) off-street parking space.
C. Each stall, space or lot shall be designed and used so that at least twenty (20) feet separates each mobile home, manufactured home or recreational vehicle.
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Section 6: Signs: (AMENDED DECEMBER, 2001)
A. On-premise signs related to a permitted use in any zone district except rural community/commercial and industrial shall be a permitted use provided the sign(s) do not exceed eight (8) square feet in size. Such signs may be placed in any location except rights-of-way on the same parcel or lot on which the permitted use occurs. Where the primary use of the parcel is residential, such signs shall not be lighted or exceed two (2) in number.
B. One (1) free-standing on-premise sign not to exceed thirty-two (32) square feet in size shall be allowed on parcels upon which a conditional or special use has been lawfully established. Such signs may be illuminated front and back, but shall not be flashing, blinking or moving.
C. One (1) free-standing on-premise sign not to exceed sixty (60) square feet in size shall be allowed as established by a commercial/industrial site plan on parcels zoned rural community/commercial or industrial. Such signs may be illuminated front and back, but shall not be flashing, blinking or moving.
D. On-premise signs exceeding the restrictions established in the preceding three paragraphs may be allowed in all zone districts as a condition use, in which the size, height, character, location, placement and manner of construction are specified.
E. Off-premise signs may be allowed as a special use only on parcels zoned rural community/commercial or industrial and on which an operating business exists. An approved special use must stipulate that the applicant obtain a valid permit from the Idaho Department of Transportation prior to placement or construction of such sign(s).
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