Minidoka County/Cities Zoning Ordinance 2015

Transcription

8-6 (1)
CHAPTER 1
TITLE, INTERPRETATION AND ENACTMENT
SECTION:
8-1-1:
8-1-2:
8-1-3:
8-1-4:
8-1-5:
8-1-6:
Title
Authority
Provisions Declared Minimum Requirements
Combining Of Permits
Severability Clause
Table of Contents
8-1-1: TITLE:
This title shall be known and may be cited and referred to as
the MINIDOKA COUNTY ZONING ORDINANCE.
8-1-2: AUTHORITY:
This zoning title is adopted pursuant to authority granted by
Idaho Code title 67, chapter 65, and article XII, section 2 of
the Idaho constitution, as amended or subsequently codified.
8-1-3: PROVISIONS DECLARED MINIMUM REQUIREMENTS:
In their interpretation and application, the provisions of this
title shall be held to be 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 County Planning and Zoning Commission 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 county 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.
8-6 (2)
8-1-5: SEVERABILITY 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.
8-1-6: Table of Contents:
Table of Contents
Chapter 1
Title, Interpretation, Enactment and Table of Contents
Section:
8-1-1:
8-1-2:
8-1-3:
8-1-4:
8-1-5:
8-1-6:
Title
Authority
Provisions Declared Minimum Requirements
Combining Of Permits
Severability Clause
Table of Contents
CHAPTER 2
DEFINITIONS
SECTION:
8-2-1: General Terms
8-2-2: Definitions
CHAPTER 3 / CHAPTER 3 ARTICLE A /
CHAPTER 3 ARTICLE B / CHAPTER 3 ARTICLE C
8-6 (3)
Chapter 3
ADMINISTRATION AND ENFORCEMENT
SECTION:
8-3--1:
8-3--2:
8-3--3:
8-3--4:
8-3--5:
8-3--6:
8-3--7:
8-3--8:
8-3--9:
8-3-10:
8-3-11:
8-3-12:
8-3-13:
8-3-14:
8-3-15:
8-3-16:
8-3-17:
8-3-18:
8-3-19:
8-3-20:
8-3-21:
8-3-22:
Administration of Title
Administrator
Commission Membership
Commission Organization, Rules and Expenditures
Duties of Commission
Conflict Of Interest
Zoning Permit Required
Contents of Application
Public Notice Procedure
Appeals
Approval of Zoning Permit
Expiration of Zoning Permit
Exemption from Zoning/Building Permit
Special Requirements for Issuance of Building Permits
Certificates of Occupancy
Declaring Manufactured Home Real Property
Record of Permits and Certificates
Failure to Obtain Permit or Certificate
Approval of Plans and Applications Required
Schedule of Fees, Charges and Expenses
Complaints Regarding Violations
Penalties
CHAPTER 3
ARTICLE A.
VARIANCES
SECTION:
8-3A—1:
8-3A—2:
8-3A—3:
8-3A-4:
8-3A-5:
8-3A-6:
8-3A-7:
8-3A-8:
Stay of Proceedings
Variances
Application and Standards for Variances
Supplementary Conditions and Safeguards
Public Hearing
Variance Procedure in City Areas Of Impact
Action by Commission
Appeals to Commission or Board
CHAPTER 3
8-6 (4)
ARTICLE B.
SPECIAL USES
SECTION:
8-3B--1:
8-3B--2:
8-3B--3:
8-3B--4:
8-3B--5:
8-3B--6:
8-3B--7:
8-3B--8:
8-3B--9:
8-3B-10:
8-3B-11:
8-3B-12:
Consideration and Hearing
Contents of Application for Special Use Permit
General Standards Applicable To All Special Uses
Public Sites and Open Spaces
Supplemental Conditions and Safeguards
Transfer of Special Use Permits
Hearing and Notice Procedure
Special Requirements for Hearings in County
Special Use Permit Application in City Areas of Impact
Notification to Applicant
Appeal to Board
CHAPTER 3
ARTICLE C.
AMENDMENTS
SECTION:
8-3C--1:
8-3C--2:
8-3C--3:
8-3C--4:
8-3C--5:
8-3C--6:
8-3C--7:
8-3C--8:
8-3C--9:
8-3C-10:
Authority and Conditions
Initiation of Zoning Amendments
Application for Amendment of Zoning Map
Transmittal to Commission
Commission Public Hearing
Recommendation by Commission
Action by Board
Amendment or Rezone in City Areas of Impact
Resubmission of Application
CHAPTER 4
ZONING DISTRICTS ESTABLISHED; MAP
SECTION:
8-4-1:
8-4-2:
8-4-3:
8-4-4:
Designation of Zones
Zoning Map
General Regulations
Boundaries of Zones
8-6 (5)
8-4-5: Conformity and General Intent
CHAPTER 5
GENERAL PURPOSES OF ZONES
CHAPTER 6
REGULATIONS WITHIN ZONES
SECTION:
8-6-1: Compliance With Regulations
8-6-2: Schedule Of Zoning Regulations
8-6-3: Schedule Of Height And Area Regulations
CHAPTER 7
PERFORMANCE STANDARDS
SECTION:
8-7-1:
8-7-2:
8-7-3:
8-7-4:
8-7-5:
Purpose and Conditions
Supplemental Yard and Height Regulations
Supplemental General Provisions
Commercial and Industrial Uses
Gravel Pits; Mining Activities
8-6 (6)
Chapter 7 / Chapter 7 Article A / Chapter 7 Article B
CHAPTER 7
ARTICLE A.
SIGNS AND BILLBOARDS
SECTION:
8-7A-1:
8-7A-2:
8-7A-3:
8-7A-4:
8-7A-5:
8-7A-6:
8-7A-7:
8-7A-8:
Purpose
Definitions
Exempt Signs
Prohibited Signs
General Regulations
Home Signs
Billboards
Temporary And Nonconforming Signs
CHAPTER 7
ARTICLE B.
UNIQUE LAND USES
SECTION:
8-7B--1: Findings
8-7B--2: Accessory Buildings in Residential Zones
8-7B--3: Animal Clinic, Animal Hospital, Veterinary Office And
Kennel
8-7B--4: Meat Packing, Processing Plants and Slaughterhouse
Facilities
8-7B--5: Bulk Storage of Flammable Liquids and Gases,
Aboveground and For Resale
8-7B--6: Chemical, Pesticide and Fertilizer Storage and
Manufacturing
8-7B--7: Contractor's Yard
8-7B--8: Drive-In Restaurant
8-7B--9: Filling, Grading, Lagooning, Dredging or Other
Earthmoving Activity
8-7B-10: Boathouses
8-7B-11: Home Occupation
8-7B-12: Manufactured or Mobile Homes
8-7B-13: Manufactured (Mobile) Home Parks Or Courts
8-7B-14: Recreational Vehicles
8-7B-15: Outdoor Storage of Commercial And Industrial Materials
8-6 (7)
8-7B-16:
8-7B-17:
8-7B-18:
8-7B-19:
8-7B-20:
8-7B-21:
8-7B-22:
Riding Stables and Schools
Rifle and Pistol Range
Salvage Yard
Abandoned, Junked Property
Livestock
Sanitary Landfill
Refuse, Solid Waste, Stagnant Water
CHAPTER 8
FLOODPLAIN OVERLAY DISTRICT
SECTION:
8-8--1:
8-8--2:
8-8--3:
8-8--4:
8-8--5:
8-8--6:
8-8--7:
8-8--8:
8-8--9:
8-8-10:
Purpose and Location Of District
Definitions
Lands to Which Chapter Applies
Basis for Establishing Areas Of Special Flood Hazard
Administrator
Development Permit Required
Flood Hazard Reduction
Liability Clause
Restrictions
Prohibited Uses
CHAPTER 9
PLANNED UNIT DEVELOPMENT (PUD)
SECTION:
8-9--1:
8-9--2:
8-9--3:
8-9--4:
8-9--5:
8-9--6:
8-9--7:
8-9--8:
8-9--9:
8-9-10:
8-9-11:
8-9-12:
Purposes
Governing Provisions
Minimum Area
Uses Permitted
Ownership Requirements
Common Open Space
Utility Requirements
Increased Residential Density
Arrangement Of Uses
PUD Approval Procedure
Pre-application Meeting
Application For Approval Of Preliminary Development Plan
8-6 (8)
8-9-13:
8-9-14:
8-9-15:
8-9-16:
8-9-17:
8-9-18:
Public Notice
Approval In Principle By Commission
Application For Approval Of Final Development
Recommendation By Commission
Action By Board
Expiration And Extension Of Approval Period
CHAPTER 10
NONCONFORMING USES
SECTION:
8-10-1:
8-10-2:
8-10-3:
8-10-4:
8-10-5:
8-10-6:
8-10-7:
8-10-8:
Intent
Incompatibility Of Nonconforming Uses
Avoidance Of Undue Hardship
Single Nonconforming Lots Of Record
Nonconforming Lots Of Record In Combination
Nonconforming Uses Of Structures And Land
Repairs And Maintenance
Uses Under Special Use Provisions
CHAPTER 11
OFF STREET PARKING AND LOADING FACILITIES
SECTION:
8-11-1:
8-11-2:
8-11-3:
8-11-4:
8-11-5:
General
Parking
Loading
General
General
Requirements
Standards
Standards
Standards For Parking And Loading Areas
Interpretations
8-6 (9)
CHAPTER 12
CONFINED ANIMAL FEEDING OPERATION
SECTION:
8-12-1:
8-12-2:
8-12-3
8-12-4:
8-12-5:
8-12-6
8-12-7:
8-12-8:
8-12-9:
8-12-10:
8-12-11:
8-12-12:
8-12-13:
8-12-14:
8-12-15:
8-12-16:
Permits
8-12-17:
8-12-18:
8-12-19:
Applicability
Regulations/Setbacks
Permitted Densities for CAFOs
Definitions
Location
Application for New CAFO Permit
Other Agencies of Government
Permit Approval
Permit Development
Right to Occupy and Commence Operation
Transferability and Discontinuance
Modification of Waste Management System
Animal Reporting Requirements/Random Inspections
County Officer or Employee Entry Authorized
Existing Operations
Enhanced “Grandfather” Rights for Holders of Prior Use CAFO
Discontinuance of Use
Appeals
Poultry CAFO / Enclosed and Totally Confined
Title 8 CHAPTER 12 SECTION 19
ENCLOSED AND TOTALLY CONFINED POULTRY CAFO OPERATIONS
SECTION:
8-12-19-1: Applicability
8-12-19-2: Procedure
8-12-19-3: Definitions
8-12-19-4: Zones Allowed
8-12-19-5: Development Density
8-12-19-6: Setbacks
8-12-19-7: Application Requirements for New Poultry CAFO Permit
8-6 (10)
8-12-19-8: Permit Hearing Process
8-12-19-9: Right to Occupy and Commence Operation
8-12-19-10: Transferability and Discontinuance
8-12-19-11: Permit Development
8-12-19-12: Reporting Requirements/Random Inspections
8-12-19-13: County Officer or Employee Authorized Entry
CHAPTER 13
TELECOMMUNICATIONS TOWERS, ANTENNAS AND RELATED FACILITIES
SECTION:
8-13--1:
8-13--2:
8-13--3:
8-13--4:
8-13--5:
8-13--6:
8-13--7:
8-13--8:
8-13--9:
8-13-10:
8-13-11:
8-13-12:
Scope and Applicability
Definitions
Exemptions
Permits Required
Permitted and Prohibited Locations
Special Use Permit
Annual Information Report
Removal and Security for Removal
Preexisting Telecommunications Towers
Structural Design and Environmental Standards
Separation and Setback Requirements
Enforcement
CHAPTER 14
SEXUALLY ORIENTED BUSINESSES
SECTION:
8-14--1:
8-14--2:
8-14--3:
8-14--4:
8-14--5:
8-14--6:
8-14--7:
8-14--8:
Purpose And Intent
Scope And Interpretation
Definitions
Establishment And Location Of Businesses
Measurement Of Distance
Location And Other Restrictions
Existing Businesses
Injunction
8-6 (11)
8-14--9:
8-14-10:
8-14-11:
8-14-12:
8-14-13:
8-14-14:
8-14-15:
8-14-16:
8-14-17:
8-14-18:
8-14-19:
8-14-20:
8-14-21:
8-14-22:
8-14-23:
8-14-24:
8-14-25:
8-14-26:
8-14-27:
8-14-28:
8-14-29:
8-14-30:
8-14-31:
Business Permit; Purpose And Intent
Permit Requirements
Investigation And Application
Issuance Of Permit
Annual Permit Fee
Inspection
Expiration Of Permit; Renewal
Suspension Of Permit
Revocation Of Permit
Review Of Permit Denial, Suspension Or Revocation
Transfer Of Permit
Business Employee License; Fees
Sexually Explicit Films Or Videos
Prohibitions Regarding Minors
Advertising And Lighting
Hours Of Operation
Public Nudity Prohibited
Live Adult Entertainment Prohibited
Operation Without Valid Permit
Exemptions
Distribution Of Sexual Devices
Penalties And Injunctive Relief
Immunity From Prosecution
Chapter 15
Wellhead Protection Ordinance
Sections:
8-15-1: Purpose and Goals
8-15-2: Applicability
8-15-3: Establishment of Wellhead Zones Established
8-15-4: Notice of Proposed Action to Operator of Public or
Community Water Supply
8-15-5: Allowed Uses and Notice Requirements by Zone
8-15-6: Amendments
8-6 (12)
CHAPTER 2
DEFINITIONS
SECTION:
8-2-1: General Terms
8-2-2: Definitions
8-2-1: GENERAL TERMS:
A.
B.
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:
1.
The word "person" includes a firm, association,
organization, partnership, trust, company or
corporation, as well as an individual.
2.
The present tense includes the future tense, the
singular numbers include the plural and the
plural numbers include the singular.
3.
The words "shall" and "must" are always mandatory
requirements, the word "may" is a permissive
requirement, and the word "should" is a preferred
requirement.
4.
The words "used" or "occupied" include the words
"intended, designed or arranged to be used or
occupied".
5.
The word "lot" includes the words "plot",
"parcel" and "tract".
6.
The term "erected" means "constructed",
"altered", "moved", or "repaired".
7.
The terms "administrator" or "administration" are
synonymous with the term "planning and zoning
8-6 (13)
administrator".
8.
The term "planning and zoning commission" is
synonymous with the term "zoning commission".
9.
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: The Minidoka County Planning And Zoning
Administrator
AFFECTED PERSON: A person having an interest in real property,
which may be adversely affected by the issuance or denial of a
permit1.
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
8-6 (14)
training of horses, and agricultural produce stands.
AGRICULTURE: The use of land for farming, horticulture,
floriculture, forestry, fisheries, viticulture, raising crops,
livestock, dairying and animal and poultry husbandry, including
all uses customarily accessory and incidental thereto; but
excluding slaughterhouses, fertilizer works, bone yards and
commercial feed lots. Incidental retailing of goods and products
raised on the premises shall also be considered as being with
the definition of "agriculture".
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 telecommunications 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.
ANIMAL UNIT EQUIVALENTS: All livestock shall have the following
animal unit equivalents:
Type
Dairy cattle:
Holsteins
Jerseys
Others
Heifers
Weight/Quantity
Milking and dry cows
Milking and dry cows
1,000 lbs. of live body weight
100 lbs. to 300 lbs.
900 lbs. to 1,000 lbs.
Beef cattle - slaughter/feeder:
Animal Unit
1.4
1.0
1.0
0.2
0.4
0.6
0.8
1.0
0.2
0.4
8-6 (15)
900 lbs. to 1,000 lbs.
Swine:
Boars
Sows
Pigs
Pigs
55 lbs. to market
Up to 55 lbs.
Sheep/lambs
Each
Horse
Furbearing
animals
Chickens:
Layers
Broilers
0.6
0.8
1.0
1.0
1.0
0.5
0.25
0.1
1.25
Less than 10 lbs. in body
weight
Other - based on body
weight as herein specified
Each (liquid manure system)
Each (dry manure system)
Each (liquid manure system)
Each (dry manure system)
0.0065
0.033
0.005
0.033
0.005
Turkeys
Each
0.18
Ducks
Each
0.02
For species not specifically identified: 1,000 lbs. of live body
weight = 1.0 AU
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
8-6 (16)
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, street light,
traffic signal, athletic field light, utility support structure
or other similar structure approved by the Minidoka County
Planning and Zoning Department.
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 it is proposed in the applications for said real
property.
APPLICATION: The form(s) and all accompanying documents,
exhibits and fees required of an applicant by the applicable
department, Board or Commission of the county for development,
review, approval or permitting purposes.
AREA OF CITY IMPACT: The unincorporated land surrounding the
city limits of each city 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.
8-6 (17)
AREA, SETBACK: The space on a lot which is required to be left
unoccupied by any structure as required by this Ordinance or by
delineation on a recorded subdivision planned unit development
map.
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, where on 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 Idaho2.
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.
8-6 (18)
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
zoned 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
8-6 (19)
purposes as deliberation, worship, entertainment, amusement, or
for awaiting transportation.
BUILDING, EXISTING: A building erected prior to the effective
date hereof 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 respective jurisdiction.
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.
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.
CAFO: See definition of Confined Animal Feeding Operation.
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.
8-6 (20)
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 are 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 CONFINED ANIMAL FEEDING OPERATION: A contiguous
parcel of land upon which there is one or more livestock
confinement areas, and upon which there are confined more than
two hundred (200) but less than one thousand (1,000) livestock
animal equivalent units of large livestock or more than one
thousand five hundred (1,500) but less than eighty-five thousand
(85,000) head of fowl and furbearers.
COMMERCIAL ENTERTAINMENT FACILITIES: Facilities for any profit
making activity which is generally related to the entertainment
field, such as motion picture theaters, carnivals, nightclubs,
cocktail lounges and similar entertainment activities.
COMMERCIAL FEEDLOT - STOCKYARD: See definitions of:
Commercial Confined Animal Feeding Operation; or
Industrial Confined Animal Feeding Operation.
COMMERCIAL MEATPACKING FACILITIES: Facilities for meat cutting,
canning, curing, smoking, salting, packing, freezing,
inspecting, or other similar establishments in which meat
products are processed for sale or distribution.
COMMERCIAL SLAUGHTERHOUSE AND MEATPACKING FACILITIES: Includes
the slaughtering, meat canning, curing, smoking, salting,
packing, rendering, freezing or other similar establishments in
8-6 (21)
which meat products are so processed commercially for sale to
the public or as a service for hire.
COMMISSION: The Planning and Zoning Commission of Minidoka
County as appointed by the Board of County Commissioners.
COMPREHENSIVE PLAN: A plan or any portion thereof, adopted by
the board 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 permit.
CONDITIONAL USE: The use permitted only upon issuance of a
special use permit.
CONDOMINIUM: An estate consisting of: 1) an undivided interest
in common in real property, in an interest or interests in real
property, or in any combination thereof together with 2) 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.
CONFINED ANIMAL FEEDING OPERATION: A. The use of real property
for the keeping, stabling, feeding, confinement and maintenance
of livestock, except where such livestock are fed exclusively on
growing range or pasturage when one or more of the following
conditions will exist:
A.
Livestock operations or facilities that confine,
stable, feed or maintain one hundred (100) or more
total animal units or operations located on twenty
(20) acres or less with more than five (5) animal
units per acre.
B.
Livestock operations that consist of one hundred (100)
to one thousand (1,000) animal units that stable or
confine and feed or maintain for a total of one
hundred twenty (120) days or more in any twelve (12)
8-6 (22)
month period, and crops, vegetation forage growth, or
post harvest residues are not sustained in the normal
growing season over any portion of the lot or
facility.
B. Livestock operations that consist of one thousand (1,000)
animal units or more that stable or confine and feed or
maintain for a total of forty five (45) days or more in
any twelve (12) month period, and crops, vegetation
forage growth, or post harvest residues are not sustained
in the normal growing season over any portion of the lot
or facility.
1.
"Confined animal feeding operation" shall include
barns, sheds, feed storage facilities, as well as
corrals, lagoons, and parking, feed and waste
storage areas. Operations located on properties
that are not contiguous shall be treated as
separate operations. Also known as "livestock
confinement operation" or "LCO", but for the
purpose of this title, shall be referred to as
"confined animal feeding operation" or "CAFO".
The three (3) classifications of confined animal
feeding operations are "domestic", "commercial"
and "industrial" and are separately defined in
this chapter.
CONFINED ANIMAL FEEDING OPERATION, EXISTING: The use of any
premises as a confined animal feeding operation which does not
conform to the regulations of this title, but which was in
existence at the effective date hereof.
CONFINED ANIMAL FEEDING OPERATION, LARGE: For the purpose of
this title, all commercial and industrial CAFOs shall be deemed
as "large confined animal feeding operations".
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.
CONTRACTORS 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.
8-6 (23)
CONTIGUOUS PROPERTIES: Properties sharing a property line by
either touching at a point or sharing the same boundary.
Properties are contiguous even if separated from each other by a
public or private road or right-of-way. Properties connected
only by easements, pipelines, waste systems and the like shall
not be considered contiguous.
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 respective city.
COUNTY RECORDER:
The office of the Minidoka County Recorder.
COUNTY: Minidoka County, Idaho, and its governing board.
COVENANT: A written promise or pledge.
CULVERT: A drain that channels water under a bridge, street,
road or driveway.
DAIRY: See definitions of:
Commercial Confined Animal Feeding Operation;
Domestic Confined Animal Feeding Operation; or
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.
8-6 (24)
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.
DEVELOPMENT IN FLOODPLAIN: Any man made 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.
DEVELOPMENT, SUBDIVISION, LARGE SCALE: A subdivision the size
of which consists of thirty (30) or more lots or dwelling units.
DEVELOPMENT, SUBDIVISION, MEDIUM SCALE: A subdivision the size
of which consists of less than thirty (30) but more than ten
(10) lots or dwelling units.
DEVELOPMENT, SUBDIVISION, SMALL SCALE: A subdivision the size
of which consists of up to ten (10) lots or dwelling units.
DISTRICT OR ZONE: An area of the unincorporated territory of
Minidoka County where certain regulations and requirements, or
various continuations thereof, apply under provisions of this
Ordinance.
DOMESTIC CONFINED ANIMAL FEEDING OPERATION: A contiguous parcel
of land on which there is one or more livestock confinement
areas, and upon which there are confined at least twenty five
(25), but no more than two hundred (200), livestock animal
equivalent units of large livestock and/or at least five hundred
(500), but no more than one thousand five hundred (1,500), head
of fowl and/or furbearers.
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.
8-6 (25)
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 (defined as "home,
mobile - temporary"), "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.
ENGINEER: Any person who is licensed in the state to practice
professional engineering.
8-6 (26)
EQUESTRIAN WAY: A public way designed to be used for horseback
riding and so designated.
FAMILY: An individual, or two
blood or marriage, or a group
(excluding servants) who need
marriage living together in a
(2) or more persons related by
of not more than five (5) persons
not be related by blood or
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.
FEED LOT: See definitions of:
Commercial Confined Animal Feeding Operation;
Domestic Confined Animal Feeding Operation; or
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').
FOWL: Chickens, ducks, geese, pheasants, partridge, guinea hens,
peacocks, or other similar domesticated birds, excluding
8-6 (27)
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 Board of County Commissioners of
Minidoka County.
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.
GOVERNMENT LOTS: Fractional sections in the rectangular
government survey system that are less than one quarter-section,
generally a quarter-quarter section with more or less than forty
(40) acres and meets one or more of the following criteria:”
A.
B:
C:
Found along the northern and western tier of townships;
Found where two surveys meet each other: and/or
Found along “meander able” rivers and lakes.
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.
8-6 (28)
HEARING: The convening of a quorum of a governing body for
purposes of hearing public testimony, evidence and or comment,
which is mandated by Idaho Code or this Ordinance, and which the
consideration of such will be necessary for the conducting of
county business at a subsequent meeting.
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.
HIGHWAY: A Street designated as a highway by an appropriate
Local, State or Federal agency.
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).
HOME, MOBILE: See definitions related to Manufactured 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.
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 infirmed persons and including
sanitariums, but does not include nursing homes.
8-6 (29)
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 (Including Bed
And Breakfast and Lodging or Rooming Houses).
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.
INDUSTRIAL CONFINED ANIMAL FEEDING OPERATION: A contiguous
parcel of land upon which there is one or more confinement
areas, and upon which there are confined one thousand (1,000) or
more livestock animal equivalent units of large livestock or
eighty-five thousand (85,000) or more head of fowl and
furbearers.
JUNKYARD: See definitions of Automobile Salvage Yard and 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.
8-6 (30)
LCO: See definition of Livestock Confinement Operation.
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
semi-liquid human, commercial or industrial waste.
LAGOONS, WASTE: Ponds or other facilities designed and used for
the storage of, or as a waste treatment system for, liquid or
semi-liquid waste, waste products or wastewater for confined
animal feeding operations. For the purpose of this title, waste
lagoons do not include facilities such as berms, banks,
trenches, ponds or other storm runoff containment systems
designed strictly for the occasional or seasonal rain or snow
melt runoff of livestock confinement areas.
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 CONFINEMENT OPERATION: See definition of Confined
Animal Feeding Operation; also known as LCO, but for the purpose
of this title, shall be referred to as "confined animal feeding
operations" or "CAFO".
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.
8-6 (31)
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
line. 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.
8-6 (32)
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.
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 of
this chapter found at subsection 8-8-7B1b of this chapter.
MANUFACTURED BUILDING OR HOUSE: A building or house built to the
International Code Council (ICC) 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 (FLOODPLAIN): 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.
MANUFACTURED HOME (MOBILE HOME): A single-family dwelling
designated for transportation after fabrication on streets and
highways on its own wheels or on a flatbed or other trailers,
and arriving at the site where it is to be occupied as a
dwelling complete and ready for occupancy, except for minor
incidental unpacking and assembly operations located on jacks or
other temporary or permanent foundations, connections to
utilities, and the like. A pre-fab dwelling unit or travel
trailer is not to be considered as a mobile home. See the
Minidoka County Zoning Ordinance for specific definitions and
classifications.
8-6 (33)
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.
Multi-sectional and at least twenty feet (20') wide at
the narrowest point, with a minimum of four hundred
(400) square feet per section (minimum total square
footage equal to 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;
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);
G.
H.
Has an eaves of a minimum of six inches (6"), or have
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
H.
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.
8-6 (34)
MANUFACTURED HOME (MOBILE HOME) CLASS B: A dwelling unit
characteristics:
A.
C.
C.
services;
D.
D.
development. If constructed before the above mentioned
date, the home shall conform to the mobile home
rehabilitation act, Idaho state Code title 44, chapter
25;
E.
New, new condition or rehabilitated so that all
roofing, siding, and exterior trim is intact, good
condition and paint that is not blistered, pealing, or
dull in color;
F.
Units at least fourteen feet (14') wide at the
narrowest point, with a minimum of six hundred (600)
square feet;
G.
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);
H.
Has an eaves 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;
8-6 (35)
J.
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
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 C: A dwelling unit
characteristics:
A.
B.
C.
services;
D.
E.
development. If constructed before the above mentioned
date, shall conform with the mobile home
rehabilitation act, Idaho Code title 44, chapter 25;
and
F.
Does not meet
subsections E
"manufactured
subsections E
"manufactured
section.
all definitional characteristics in
through K of the definition of
home (mobile home) class A" and in
through L of the definition of
home (mobile home) class B" of this
MANUFACTURED HOME (MOBILE HOME) NONCONFORMING: A dwelling unit
characteristics:
A.
8-6 (36)
B.
C.
services;
D.
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 telecommunications tower of a single pole design.
MONUMENT: Any permanent marker either of concrete, galvanized
iron pipe, or iron or steel rods, used to permanently establish
any tract, parcel, lot or street lines, as specified in section
50-1303, Idaho Code.
MOTEL: Shall mean the same as "hotel", as defined in this
section.
MOTOR VEHICLE: Any vehicle propelled or drawn by power other
8-6 (37)
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 of Minidoka County
zoning.
NEW CONSTRUCTION: Structures for which the "start of
construction" commenced on or after the effective date hereof.
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" defined in this
section, 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
8-6 (38)
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
commission 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 “March 18, 1982,” the effective date
of the original subdivision ordinance.
OTHER USES: As used in this title, 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 commission, 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.
8-6 (39)
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 county
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 commission.
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.
PLANNING AND ZONING COMMISSION: See definition for Commission.
8-6 (40)
PLAT: The drawing of a proposed subdivision as directed by the
Idaho Code.
PLAT, FINAL: The final and formal preparation and presentation
of drawings, the original and one copy of which is filed with
the County Recorder, done in accordance with the Idaho Code.
PLAT, PRELIMINARY: The initial, formal preparation and
presentation of drawings done in accordance with the Idaho
Code.
PLATFORM (ANTENNAS): A support system that may be used to
connect antennas and antenna arrays to telecommunications 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 a 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,
8-6 (41)
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.
RECREATIONAL VEHICLE: A vehicle, such as a camper or motor home,
used for traveling and recreational activities.
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.
RESERVE STRIP: A strip of land between a dedicated street or
partial street and adjacent property, in either case, reserved
or held in public ownership for future street extension or
widening.
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.
8-6 (42)
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, RODEO ARENA: 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 lumber yards, 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.
SANITARIUM, SANITORIUM: 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.
8-6 (43)
SERVICE STATION: A. Buildings, 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.
1.
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
8-6 (44)
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 the 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 above ground, 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
semi-liquid human, commercial or industrial waste.
SHELTER HOME: A residential facility for temporary occupancy by
individuals who, for financial or physical or mental health
reasons, 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 home.
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.
SIDEWALK: That portion of the street right of way outside the
street pavement, which is improved for pedestrian use (also
known as Walkway).
SIGN: Any structure or natural object, such as tree, rock, brush
and the ground itself, or part thereof, or device attached
thereto or painted or represented thereon, which shall be used
to attract attention to any object, product, place, activity,
person, institution, organization or business or which shall
display or include any letter, word, model, flag, banner,
pennant, insignia, device or representation used as, or which is
in the nature of an announcement, direction or advertisement.
For the purpose of this definition, the word "sign" does not
include the flag, pennant or insignia of any nation, state,
county or other political unit, or any political, educational,
8-6 (45)
charitable, philanthropic, civic, professional, religious or
like campaign, drive, movement or event.
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 offices, 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
8-6 (46)
of Minidoka County. 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
Agricultural Research Services (USDA), to participate as
advisors and/or consultants to the team.
SLAUGHTERHOUSE: See definition of Commercial Slaughterhouse And
Meat Packing Facilities.
SPECIAL USE: A special use permitted within a district, other
than a principally permitted use, requiring a permit and
approval of the commission. Special uses permitted in each zone
are listed in the schedule of zoning regulations3.
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.
STAFF: Employees of the Minidoka County Planning and Zoning
or Building Departments, or other persons identified by a
governing body, who are authorized by the Board, Ordinance or
Idaho Code, to prepare documents or otherwise assist a governing
body with planning and zoning matters.
STANDARD SPECIFICATIONS: Shall be the specifications as may be
specified in this Ordinance or as officially adopted by the
County.
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
8-6 (47)
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.
STATE:
The State of Idaho
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 right of way that provides access to adjacent
properties, the dedication of which has been officially
accepted. The term “street” also includes the terms highway,
thoroughfare, parkway, road, avenue, boulevard, lane, place, and
similar terms. Some related terms and definitions are as
follows:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Alley: A minor street providing secondary access at
the back or side of a property otherwise abutting a
street.
Minor:
A Street, which has the primary purpose of
providing access to abutting properties.
Collector: A Street, which is designated for the purpose
of carrying traffic from minor streets or other
collector streets and/or arterial streets.
Arterial: A Street, which is designated for the purpose
of carrying fast and/or heavy traffic.
Loop: A minor street with both terminal points on the
same street origin.
Cul-de-sac:
A Street, which is connected to another
street at one end only and provided with a turn-around
space.
Dead-End: A Street, which connects to another street
at one end only and not having provision for vehicular
turn-around at its terminus.
Frontage:
A minor street, which is parallel to and
adjacent to arterial or collector streets, and has the
primary purpose of providing access to abutting
properties.
Industrial:
A Street, which is designated for the
purpose of providing traffic movement in an industrial
area.
Commercial:
A Street, which is designated for the
8-6 (48)
K.
L.
M.
purpose of providing traffic movement in a commercial
area.
Partial:
A dedicated right of way providing only a
portion of the required street width, usually along the
edge of a subdivision or tract of land.
Private:
A Street that provides vehicular and
pedestrian access to one or more properties, however,
not accepted for public dedication or maintenance.
Side Street: A secondary street that provides access to
a corner lot toward which the principal building is not
oriented.
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, gas or liquid
storage tanks and billboards.
SUBDIVIDER: The individual, firm, corporation, partnership,
association, syndicate, trust or other legal entity that
executes the application and initiates proceedings for the
subdivision ordinance. 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: The division of an original lot, tract, or parcel
of land into more than four (4) parts for the purpose of transfer
of ownership or development; the dedication of a public street and
the addition to, or creation of, a cemetery.
However, this
Ordinance shall not apply to any of the following:
A.
B.
C.
D.
E.
An allocation of land in the settlement of an estate of
a decedent or a court decree for the distribution of
property;
The unwilling sale of land as a result of legal
condemnation as defined and allowed in the Idaho Code;
Widening of existing streets to conform to the
comprehensive plan;
The acquisition of collector and arterial street rights
of way by a public agency in conformance with the
Comprehensive Plan;
The exchange of land for the purpose of straightening
property boundaries that does not result in the change
of the present land usage of the properties involved;
and,
8-6 (49)
F.
The acquisition of a parcel with the purpose of adding
to an existing parcel, lot or tract without any
individual or separate development.”
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.
“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.
B.
Before the improvement or repair is started, or
If the structure has been damaged and is being
restored, before the damage occurred. For the purpose
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.
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.
TELECOMMUNICATIONS FACILITY: A facility, site, or location that
contains one or more antennas, telecommunications towers,
alternative support structures, satellite dish antennas, other
similar communication devices, and support equipment with is
used for transmitting, receiving, or relaying telecommunications
signals.
TELECOMMUNICATIONS FACILITY (COLLOCATED): A telecommunications
facility comprised of a single telecommunications tower or
building supporting multiple antennas, dishes, or similar
devices owned or used by more than one public or private entity.
TELECOMMUNICATIONS SUPPORT FACILITY: The telecommunications
equipment buildings and equipment cabinets.
TOWER, CAMOUFLAGED: Any telecommunications tower that, due to
design or appearance, entirely hides, obscures, or conceals the
presence of the tower and antennas.
8-6 (50)
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 telecommunications tower that consists of
vertical and horizontal supports and crossed metal braces.
TOWER, TELECOMMUNICATIONS: 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
hereof.
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(s) to conduct and provide service(s)such
as the generation, transmission or distribution of water,
sewage, gas, electricity and communication; the collection and
treatment of sewage and solid waste; the collection, storage or
diversion of surface water, storm water, and ancillary
facilities providing services to the public. These services may
be provided by a public or private agency.
8-6 (51)
VARIANCE: A variance is a modification of the strict terms of
the relevant regulations where such modification will not be
contrary to the public interest and where owing to conditions
peculiar to the property and not the result of the action of the
applicant, a literal enforcement of the regulations would result
in unnecessary and undue hardship.
VICINITY MAP: A small-scale map showing the location of a tract
of land in relation to a larger area.
WASTE: Waste normally associated with animal feeding operations,
which may include waste products, wastewater and feed residues.
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: A portion of the unincorporated
territory of Minidoka County or the incorporated territory of
the cities of Rupert, Heyburn, Paul, Acequia, or Minidoka as
defined by this title and designated on zoning maps, to which
the provisions of this title apply.
ZONING MAP: The zoning map or maps of Minidoka County, Idaho
incorporated into this title designating zoning districts,
8-6 (52)
together with all amendments subsequently adopted.
ZONING OFFICIAL: The zoning administrator or his authorized
representative.
ZONING PERMITS AND CERTIFICATES:
A.
Certificate Of Zoning Compliance: A document issued by
the zoning official which may be issued separately or
attached to an occupancy permit, business license or
building permit, which is for the purpose of carrying
out and enforcing the provisions of this title. A
building permit once issued may serve as a zoning
permit.
B.
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.
C.
Notice Of Noncompliance: A document issued by zoning
administrator 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.
CHAPTER 3
8-6 (53)
SECTION:
8-3--1:
8-3--2:
8-3--3:
8-3--4:
8-3--5:
8-3--6:
8-3--7:
8-3--8:
8-3--9:
8-3-10:
8-3-11:
8-3-12:
8-3-13:
8-3-14:
8-3-15:
8-3-16:
8-3-17:
8-3-18:
8-3-19:
8-3-20:
8-3-21:
8-3-22:
Administration of Title
Administrator
Commission Membership
Commission Organization, Rules and Expenditures
Duties of Commission
Conflict Of Interest
Zoning Permit Required
Contents of Application
Public Notice Procedure
Appeals
Approval of Zoning Permit
Expiration of Zoning Permit
Exemption from Zoning/Building Permit
Special Requirements for Issuance of Building Permits
Certificates of Occupancy
Declaring Manufactured Home Real Property
Record of Permits and Certificates
Failure to Obtain Permit or Certificate
Approval of Plans and Applications Required
Schedule of Fees, Charges and Expenses
Complaints Regarding Violations
Penalties
8-3-1: ADMINISTRATION OF TITLE:
For the purpose of carrying out the provisions of this title, an
Administrator and Commission are hereby created.
8-3-2: ADMINISTRATOR:
A.
Appointment: The Board of County Commissioners shall
appoint an Administrator to administer this title. The
Administrator may be provided with the assistance of
such other persons as the Board may direct.
B.
Duties: For the purpose of this title, the
Administrator shall have the following duties:
1.
Advise interested person(s) of the zoning
ordinance provisions;
2.
Notify the news media and/or the news paper of
record regarding matters of public interest;
8-6 (54)
3.
Aid applicants in the preparation and expedition
of required application;
4.
Issue zoning permits, provide required
notifications and such similar administrative
duties;
5.
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
6.
Assist the Planning and Zoning Commission and
Board of County Commissioners in carrying out the
provisions of this title.
8-3-3: COMMISSION MEMBERSHIP:
A.
B.
Minidoka County Planning and Zoning Commission:
1.
The Commission shall consist of not less than
seven (7) nor more than twelve (12) voting
members all appointed by the County Board of
Commissioners and confirmed by majority vote of
the Board. An appointed member of a Commission
must have resided in the County for two (2) years
prior to his appointment, and must remain a
resident of the County during his service on the
Commission.
2.
Not more than one-third (1/3) of the members of
the Commission appointed by the chairman of the
Board of County Commissioners may reside within
any of the incorporated cities in the County.
There shall be at least one member appointed from
the corporate limits or areas of impact of each
of the cities of Rupert, Heyburn and Paul.
Number Of Members; Terms of Office: A separate
ordinance establishing a Planning and Zoning
Commission to exercise the powers under this title
shall set forth the number of members to be appointed.
The term of office for members shall be not less than
three (3) years. Members may be reappointed to
additional terms as deemed necessary by the Board of
County Commissioners.
8-6 (55)
C.
Vacancies; Removals: Vacancies occurring otherwise
than through the expiration of terms shall be filled
in the same manner as the original appointment.
Members may be removed for cause by a majority vote of
the Board.
D.
Political Affiliation; Compensation: Members shall be
selected without respect to political affiliation and
may receive such mileage and per diem compensation as
provided by the Board.
8-3-4: COMMISSION ORGANIZATION, RULES AND EXPENDITURES:
A.
Organization: The Commission shall elect a chairman
and fill any other office that it may deem necessary.
A Commission may establish subcommittees, advisory
committees, hearing examiners, or neighborhood groups
to advise and assist in carrying out the
responsibilities. A Commission may appoint nonvoting
ex officio advisors as may be deemed necessary.
B.
Rules, Records and Meetings:
C.
1.
Written bylaws consistent with this title and
other laws of the state for the transaction of
business of the Commission shall be adopted.
2.
A record
studies,
shall be
shall be
3.
A majority of voting members of the Commission
shall constitute a quorum.
of meetings, hearings, resolutions,
findings, permits and actions taken
maintained. All meetings and records
open to the public.
Expenditures And Staff: With approval of the Board the
Commission 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, and may contract with
these entities and provide information and reports as
necessary to secure aid. Expenditures by a Commission
shall be within the amounts appropriated by the Board.
Within such limits, any Commission is authorized to
hire employees and technical advisors, including, but
not limited to: planners, engineers, architects and
legal assistants.
8-6 (56)
8-3-5: DUTIES OF COMMISSION:
For the purpose of this title, the Commission shall have the
following duties:
A.
May initiate proposed amendments to this title and
conduct an annual review of the complete zoning
ordinance;
B.
Review all proposed amendments to this title and make
recommendations to the Board;
C.
Review all planned unit developments and make
recommendations to the Board;
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; and
F.
Authorize such variances from the terms of this title,
provided that it must not be contrary to the public
interest, where, owing to the special conditions, a
literal enforcement of this title will result in
unnecessary hardship, and so that the spirit of this
title shall be observed.
8-3-6: CONFLICT OF INTEREST:
A member or employee of the Board, or Commission shall not
participate in any proceeding or action when the member or
employee or his employer, business partner, business associate
or any person related to him 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.
8-6 (57)
8-3-7: ZONING PERMIT 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 a permit therefore
issued by the Administrator. Zoning permits shall be issued only
in conformity with the provisions of this title. A building
permit once issued may serve as a zoning permit.
8-3-8: 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. (Ord. 02-04, 8-26-2002)
8-6 (58)
8-3-9: PUBLIC NOTICE PROCEEDURE:
Public Hearings
1. Hearing Notices:
A.
In order that the owners of property involved and
other legitimately interested parties may have fair
opportunity to be heard, notice shall be given of any
public hearing required by the provisions of this
zoning ordinance.
B.
Applications for zoning actions that require a public
hearing shall be filed with the planning and zoning
secretary no less than thirty (30) days before the
next regularly scheduled meeting.
C.
Notice of any public hearing which the Board of County
Commissioners or Planning & Zoning Commission is
required to hold under the terms of this zoning
ordinance shall specify the date, time, and place of
hearing, and the matter to be presented at the
hearing.
D.
The notice of public hearing shall be published in the
official newspaper of general circulation in Minidoka
County not less than fifteen (15) days before the date
of hearing.
E.
Notice of the public hearing shall be mailed not less
than fifteen (10) days before the date of hearing by
U.S. Mail, First Class Postage Prepaid to all
interested parties and every person listed by the
County tax assessor as owning real property located
within one half (½) mile of any external boundary of
the subject property as is described in the
application. All CAFO notice requirements shall be one
(1) mile from external boundaries. Any subject
property bordering a city’s corporate boundary shall
require notice to all interested parties and every
person listed by the County Tax Assessor as owning
real property within three hundred feet (300’) inside
the city’s corporate boundary and any additional area
that in the determination of the Zoning Administrator
may be substantially impacted. The applicant shall
prepare and file, with the Planning & Zoning
secretary, at least five (5) days prior to the
hearing, an affidavit of publication, posting and
mailing indicating that the notice given is in
8-6 (59)
compliance with this section of the zoning ordinance.
F.
When notice is required to two hundred (200) or more
property owners or purchases of record, in lieu of the
mailing notification, two notices in the newspaper or
paper of general circulation is sufficient; provided,
the second notice appears ten (10) days prior to the
public hearing.
G.
Notice shall be posted on the premises by the
applicant not less than ten (10) days prior to
hearing. Notice may also be made available by the
County to other newspapers, radio and television
stations serving the jurisdiction for use as a public
service announcement.
2. Testimony at Hearing:
A.
Support or Objection: All persons to whom notice is
mailed shall be advised that they may file written
objections or supporting statements with the Planning
and Zoning secretary no later than five (5) days prior
to the date of hearing in order to establish that their
substantial rights would be affected by the approval or
denial of the application.
B.
Any person who files a statement in support or objection
shall indicate in such statement whether or not such
person desires to testify at the hearing.
C.
Right to Participate: Any property owner entitled to
specific notice pursuant to the provisions of this
section shall have a right to participate in public
hearings before a Planning and Zoning Commission or
governing Board.
8-3-10: Appeals
A.
B.
Right to Appeal: The applicant or any affected
aggrieved persons with lawful standing and who also
appeared in person or in writing before the Commission
may appeal the decision of the Commission to the
Commission or Board as provided in this Chapter.
Appeals of decisions of the Zoning Administrator shall
be determined by the Planning and Zoning Commission.
An appeal shall be in writing and shall include the
specific legal basis for appeal and the results
8-6 (60)
sought. The Commission will render a written decision
that will be communicated to the appellant and
applicant.
C.
Appeals of decisions made by the Commission shall be
determined by the Board of County Commissioners. The
procedure for an appeal shall be as follows:
1.
Fees governing appeals must be paid at the time
of the filing of the appeal. The legal basis for
the appeal must be stated in writing before an
appeal will be deemed accepted for consideration.
The written notice of appeal shall contain name,
address and phone number of appellant and, if
different, the name address and phone number of
the property owner; and it shall include the
street address and legal description of the
property which is the subject of the appeal. The
record of the proceedings before the Commission
shall be transmitted to the Board before
consideration of the appeal by the Board.
2.
Appeals of final decisions made by the Commission
may only be appealed to the Board if a written
request for reconsideration has been previously
submitted to the Commission within fourteen (14)
days of the final decision of the Commission. The
request for reconsideration shall state the
issues to be considered on reconsideration and
the legal basis for the relief sought. The
Commission shall respond in writing to any
request for reconsideration at its next scheduled
meeting, either modifying its original decision
or affirming its prior action. Only following
issuance of the Commission’s written decision
regarding reconsideration, may the appeal process
proceed before the Board. The appeal to the Board
must also include a copy of the request for
reconsideration of the appeal before the
Commission and the Commission’s decision on
reconsideration. Any appeal to the Board for
which there is no request for reconsideration
before the Commission shall be dismissed by the
County Clerk.
3.
A request for appeal to the Board shall include
the explanation of the basis for appeal and the
8-6 (61)
result sought and must be filed no more than
fourteen (14) days after the reconsideration
decision of the Commission is entered. The issues
on appeal shall be limited to those raised in the
request for reconsideration submitted to the
Commission.
4.
After considering the written decision of the
Commission, the decision on reconsideration, the
record on appeal and the written appeal submitted
by the applicant, the Board may determine that
the appeal has no legal basis and dismiss it, may
rule upon the appeal based upon the written
record placed before it or schedule an appeal
hearing to allow oral presentation of the issues
associated with the appeal. Following conclusion
of the procedures it chooses to invoke, the Board
will render a written decision that will be
communicated to the appellant and applicant.
D.
An aggrieved party may seek judicial review of a
decision of the Board of any final decision of the
Board.
E.
A decision of the Board is not final until it has been
rendered in writing and delivered to the applicant.
Also, it is not a final decision, subject to review,
until a written request for reconsideration has been
submitted to the County Clerk within fourteen (14)
days of the final decision of the Board, stating the
issues to be reconsidered and specific legal basis for
the relief sought.
1.
The Board shall respond in writing to any request
for reconsideration within fourteen (14) days of
its filing, either modifying its original
decision or affirming its prior action. The Board
may determine that the request for
reconsideration has no legal basis and dismiss
it, may rule upon the request based upon the
written record placed before it, or schedule a
hearing to allow oral presentation of the issues
associated with the request. The Board will
render a written decision that will be
communicated to the appellant and applicant.”
2.
Failure to request reconsideration is a failure
of the appellant to exhaust administrative
8-6 (62)
remedies.
F.
Fees. During the process of appeal or of
reconsideration, should either the Commission or the
Board determine that new or additional public hearings
must be held, requiring new notice of hearing to be
sent or published, the cost of such shall be borne by
the applicant. The cost of such shall be paid in
advance giving any such notice. Any other fee for
filing any request for reconsideration shall be paid
in advance in the amount set by Board resolution.
8-3-11: APPROVAL OF ZONING PERMIT:
A.
Time Limits: Within twenty eight (30) days after the
receipt of an application, the Administrator shall
either approve or disapprove the application in
conformance with the provisions of this title.
8-3-12: EXPIRATION OF ZONING PERMIT:
If the work described in a zoning permit has not begun within
one hundred eighty (180) days from the date of issuance thereof,
said permit shall expire and be considered revoked by the
Administrator. No written notice of expiration or revocation
need be given to the persons affected.
8-3-13: EXEMPTION FROM ZONING/BUILDING PERMIT:
A.
Siting Permit Only: Structures or buildings that meet
the definition of agricultural building and are
constructed and located in an agricultural zone on a
parcel that meets the below definition for
agricultural exemption in subsection B of this section
will only be required to obtain a siting permit in
lieu of a building permit.
B.
Exemption Criteria: 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:
8-6 (63)
1. It is used to produce field crops including, but
not limited to: grains, feed crops, fruits and
vegetables; or
2. It is used to produce nursery stock as defined in
Idaho Code section 22-2302; or
3.
It is used by the owner for the grazing of
livestock to be sold as part of a net profit
making enterprise, or is leased by the owner to a
bona fide lessee for grazing purposes; or
3.
It is in a cropland retirement or rotation
program and
5.
It is not a lot, tract or parcel within a
subdivision or planned unit development.
8-3-14: 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
zoning/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 County.
C.
No building permit shall be issued for any structures
located within the corporate limits of the cities
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
8-6 (64)
obtaining a subsurface sewage permit from the
applicable health authority.
8-3-15: CERTIFICATES OF OCCUPANCY:
A.
Certificate Required: 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 therefore 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.
B.
Temporary Certificate: 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.
8-3-16: DECLARING 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. (Ord. 05-02, 12-19-2005)
8-3-17: RECORD OF PERMITS AND CERTIFICATES:
The Administrator shall maintain a record of all zoning permits
and certificates of occupancy, and copies shall be furnished
upon request to any person. (Ord. 02-04, 8-26-2002)
8-3-18: FAILURE TO OBTAIN PERMIT OR CERTIFICATE:
Failure to obtain a zoning permit or certificate of occupancy
shall be a violation of this title.
8-6 (65)
8-3-19: APPROVAL OF PLANS AND APPLICATIONS REQUIRED:
Zoning 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. (Ord. 02-04, 8-26-2002)
8-3-20: SCHEDULE OF FEES, CHARGES AND EXPENSES:
A.
Establishment Of Fees: The Board of County
Commissioners by resolution, shall establish a
schedule of fees, charges and expenses, and a
collection procedure for zoning permits, 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.
B.
Posting of Schedule: The schedule of fees shall be
posted in the office of the Administrator, and may be
altered or amended only by the Board.
C. Payment of Fees: Until all applicable fees, charges and
expenses have been paid in full, no action shall be
taken on any application or appeal.
8-3-21: 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 cause to investigate and
take action thereon as provided by this title.
8-3-22: PENALTIES:
The County attorney may, in addition to taking whatever criminal
action deemed necessary, may take steps to civilly enjoin any
violation of this title. Penalties for failure to comply with or
violations of the provisions of this title shall be as follows:
A.
Violation of any of the provisions of this title or
8-6 (66)
failure to comply with any of its requirements shall
constitute a misdemeanor, and a person guilty of such
violation shall be subject to penalty as provided in
section 1-4-1 of this code. 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 any public
official or private citizen from taking such lawful
action as is necessary to restrain or prevent any
violation of this title or the Idaho Code. (Ord.
05-02, 12-19-2005)
CHAPTER 3
ARTICLE A.
VARIANCES
SECTION:
8-3A—1:
8-3A—2:
8-3A—3:
8-3A-4:
8-3A-5:
8-3A-6:
8-3A-7:
8-3A-8:
Stay of Proceedings
Variances
Application and Standards for Variances
Supplementary Conditions and Safeguards
Public Hearing
Variance Procedure in City Areas Of Impact
Appeals to Commission or Board
8-3A-1: STAY OF PROCEEDINGS:
An appeal stays all proceedings in furtherance of the action
taken unless the Administrator certifies to the Commission 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 Commission or by a court based upon an
application, with notice to the Administrator showing due cause.
8-3A-2: VARIANCES:
8-6 (67)
A.
Hardship: The Commission 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.
B.
Nonconformance: 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.
C.
Limitation on Granting: 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.
8-3A-3: APPLICATION AND STANDARDS FOR VARIANCES:
A. Written Application; Contents: A variance from the terms of
this title shall not be granted by the Commission unless and
until a written application for a variance is submitted to the
Administrator and the Commission containing:
A.
Name, address and phone number of applicant.
B.
Legal description of property.
C.
Description of nature of variance requested.
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
8-6 (68)
confer on the applicant any special privilege
that is denied by this title to other lands,
structures or buildings in the same district.
5.
Findings of Fact: A variance shall not be granted
unless the Commission 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.
8-3A-4: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
Under no circumstances shall the Commission grant 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 variance, the Commission 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 variance is granted, shall be deemed a
violation of this title.
8-3A-5: PUBLIC HEARING For Variance:
A.
Hearing for Variance: Upon receipt of the application
for a variance, at least one public hearing in which
interested persons shall have an opportunity to be
heard shall be held.
B.
Notice of Hearing:
Hearing notice procedure shall be in accordance with 8-3-9
8-3A-6: VARIANCE PROCEDURE IN CITY AREAS OF IMPACT:
A. Applications for Variance in City Area’s of Impact that
require a public hearing:
1.
Within five (5) days after receiving the
completed application for Variance a copy of
the application shall be forwarded by the
Minidoka County Zoning Dept. to the zoning
Administrator and the clerk of the city in
whose area of impact the application is
relevant. The city shall have the right to
review and provide comment. All written or
8-6 (69)
official comment received from the city
shall be brought before the Commission or
Board who is conducting the public hearing
on the matter and shall become part of the
official record.”
8-3A-7: ACTION BY COMMISSION:
A.
Following conclusion of the hearing and procedures, the
Commission will render a written decision that will be
communicated to the applicant.
8-3A-8: Appeals to Commission or Board:
A.
Appeals procedure will be in accordance with 8-3-10 of
this Title
CHAPTER 3
ARTICLE B.
SPECIAL USES
SECTION:
8-3B--1:
8-3B--2:
8-3B--3:
8-3B--4:
8-3B--5:
8-3B--6:
8-3B--7:
8-3B--8:
8-3B--9:
8-3B-10:
8-3B-11:
8-3B-12:
Consideration and Hearing
Contents of Application for Special Use Permit
General Standards Applicable To All Special Uses
Public Sites and Open Spaces
Supplemental Conditions and Safeguards
Transfer of Special Use Permits
Hearing and Notice Procedure
Special Use Permit Application in City Areas of Impact
Notification to Applicant
Appeal to Board
8-3B-1: CONSIDERATION AND HEARING:
A.
Each Use Considered: 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
8-6 (70)
that each specific use must be considered
individually.
B.
Hearing: The Commission shall hold a public hearing on
each special use permit application as specified in
the schedule of regulations. The Commission 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. (Ord. 02-04, 8-26-2002)
8-3B-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 Commission may require
to determine if the proposed special use meets the
intent and requirements of this title. (
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.
8-3B-3: GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USES:
8-6 (71)
The Commission shall review the particular facts and
circumstances of each proposed special use in terms of the
following standards and shall find adequate evidence showing
that such use at the proposed location:
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 this title;
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. (Ord. 02-04, 8-26-2002)
8-6 (72)
8-3B-4: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following:
A.
B.
C.
Public Uses:
1.
Where it is determined that a proposed park,
playground, school or other public use as shown
on the future acquisition map, as authorized in
Idaho Code section 67-6517, is located in whole
or in part within a proposed development, the
Commission shall notify the appropriate public
agency concerning the land proposed to be
acquired.
2.
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 Commission shall resume consideration
of the special use application.
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.
Special Developments: In the case of planned unit
developments and large scale developments, the
Commission shall require sufficient park or open space
facilities of acceptable size, location and site
characteristics that may be suitable for the proposed
development.
8-3B-5: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
In granting any special use, the Commission 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 the permit.
8-3B-6: TRANSFER OF SPECIAL USE PERMITS:
8-6 (73)
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.
8-3B-7: HEARING AND NOTICE PROCEDURE:
A. Hearing and notice procedures shall be in accordance with
Section 8-3-9
8-3B-9: SPECIAL USE PERMIT APPLICATION IN CITY AREAS OF IMPACT:
A.
Applications for zoning matters that require a public
hearing:
Within five (5) days after receiving the completed
application a copy of the application shall be
forwarded by the Minidoka County Zoning Dept. to the
Zoning Administrator and the Clerk of the City in
whose area of impact the application is relevant.
The City shall have the right to review and provide
comment. All written or official comments received
from the City shall be brought before the Commission
or Board who is conducting the public hearing on the
matter and shall become part of the official record.
8-3B-10: ACTION BY COMMISSION:
A.
After the Commission has completed all hearings and
processes for special use the commission will render a
written decision that will be communicated to the
applicant and further will make public, the ruling
concerning the application as presented If the
application is approved or approved with
modifications, the Commission shall direct the
Administrator to issue a special use permit listing
the specific conditions specified by the Commission
for approval.
B.
Conditions: Upon granting of a special use permit,
conditions may be attached to a special use permit,
including, but not limited to:
8-6 (74)
C.
1.
Minimizing adverse impact on other development;
2.
Controlling the sequence and timing of
development;
3.
Controlling the duration of development;
4.
Assuring that development is maintained properly;
5.
Designating the exact location and nature of
development;
6.
Requiring the provision for onsite public
facilities or services;
7.
Requiring more restrictive standards than those
generally required in an ordinance; and
8.
Limiting duration of the special use permit and
requiring termination of the use upon expiration
of the permit.
Commission Decision; Specifications: Prior to granting
a special use permit, the Commission 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
Commission shall specify:
1.
The ordinance and standards used in evaluating
the application;
2.
The reasons for approval or denial; and
3.
The actions, if any, that the applicant could
take to obtain a permit. (Ord. 02-04, 8-26-2002)
8-3B-11: NOTIFICATION TO APPLICANT:
Following conclusion of the hearing and procedures, the
Commission will render a written decision that will be
communicated to the applicant.“
8-3B-12: APPEAL
A.
Appeals procedure will be in accordance with 8-3-10
8-6 (75)
CHAPTER 3
ARTICLE C.
AMENDMENTS
SECTION:
8-3C--1:
8-3C--2:
8-3C--3:
8-3C--4:
8-3C--5:
8-3C--6:
8-3C--7:
8-3C--8:
8-3C--9:
8-3C-10:
Authority and Conditions
Initiation of Zoning Amendments
Application for Amendment of Zoning Map
Transmittal to Commission
Commission Public Hearing
Recommendation by Commission
Action by Board
Amendment or Rezone in City Areas of Impact
Resubmission of Application
8-3C-1: AUTHORITY AND CONDITIONS:
Whenever the public necessity, convenience, general welfare or
good zoning practices require, the Board may, by ordinance,
after receipt of recommendation thereon from the Commission and
subject to procedures provided by law, amend, supplement, change
or repeal the regulations, restrictions and boundaries or
classification of property.
8-3C-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 Commission;
B.
By adoption of a motion by the Board;
C.
By the filing of an application by a property owner or
a person who has existing interest in property within
the area proposed to be changed or affected by said
amendment.
8-3C-3: APPLICATION FOR AMENDMENT OF ZONING MAP:
8-6 (76)
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 County 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 in accordance with the Hearing & Notice
procedures contained in 8-3-9 of this ordinance.
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 Board.
8-3C-4: TRANSMITTAL TO COMMISSION:
Zoning districts shall be amended in the following manner:
A.
Requests for an amendment to the zoning ordinance
shall be submitted to the Commission, which 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 Commission may recommend, and
the Board may adopt or reject the ordinance amendment
under the notice and hearing procedures as herein
8-6 (77)
provided.
C.
If the request is not in accordance with the adopted
comprehensive plan, the request shall be submitted to
the Commission, which may recommend and the Board may
adopt or reject an amendment to the comprehensive plan
following the notice and hearing procedures provided
in Idaho Code section 67-6509. After the comprehensive
plan has been amended, the zoning ordinance may then
be amended as hereinafter provided.
8-3C-5: COMMISSION PUBLIC HEARING:
The Commission shall hold a public hearing and make
recommendations on proposed zoning amendments. Zoning amendments
may consist of text or map revisions.
A.
B.
Zoning Ordinance Text Amendment:
1.
The Commission, prior to recommending a zoning
ordinance text amendment to the Board shall
conduct at least one public hearing in which
interested persons shall have an opportunity to
be heard.
2.
Hearing and notice procedures shall be in
accordance with Section 8-3-9.
3.
Additional Changes Require Additional Hearings:
Following the Commission's hearing, if the
Commission makes material change from what was
presented at the public hearing; further notice
and hearing shall be provided before the
Commission forwards the amendment with its
recommendation to the Board.
Zoning Ordinance Map Amendment:
1.
2.
3.
The Commission, prior to recommending a zoning
ordinance map amendment to the Board that is in
accordance with the comprehensive plan, shall
conduct at least one public hearing in which
interested persons shall have an opportunity to
be heard.
Hearing and notice procedures shall be in
accordance with Section 8-3-9.
Additional Changes Require Additional Hearings:
8-6 (78)
Following the Commission's hearing, if the
Commission makes material change from what was
presented at the public hearing; further notice
and hearing shall be provided before the
Commission forwards the amendment with its
recommendation to the Board.
8-3C-6: RECOMMENDATION BY COMMISSION:
Upon completion of all required hearings the Commission shall
transmit its recommendation to the Board. The Commission may
recommend a modification of the amendment requested, or it may
recommend that the amendment be denied. The Commission shall
ensure that any favorable recommendations for amendments are in
accordance with the comprehensive plan and established goals and
objectives. (Ord. 02-04, 8-26-2002)
8-3C-7: ACTION BY BOARD:
A.
The Board, prior to adopting, revising or rejecting
the amendment to the zoning ordinance as recommended
by the Commission, shall conduct at least one public
hearing. Following the Board hearing, if the Board
makes a material change from what was presented at the
public hearing, further notice and hearing shall be
provided before the Board adopts the amendment.
B.
The Board shall accept the recommendation of the
Commission's report unless rejected by a vote of a
simple majority of the full Board.
C.
Upon granting or denying an application to amend the
zoning ordinance, the Board shall specify:
D.
1.
The ordinance and standards used in evaluating
the application;
2.
The reasons for approval or denial; and
3.
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 Board shall approve an amendment,
such shall thereafter be made part of this title upon
the preparation and passage of an ordinance. (
8-6 (79)
8-3C-8: SPECIAL REQUIREMENTS FOR HEARINGS IN COUNTY:
In cases where the parcel or property involved in the rezone or
map amendment 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.
B.
If the parcel is completely outside and at least three
hundred feet (300') from a city limits, 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.
C.
If the parcel is completely outside and at least three
hundred feet (300') from a city limits and if the
application is for a commercial or industrial
livestock confinement operation, notice shall be
provided to property owners or purchasers of record
located outside the city limits within one mile of the
external limits of the confinement operation
considered.
8-3C-9: AMENDMENT OR REZONE IN CITY AREAS OF IMPACT:
A.
Applications for zoning matters that require a public
hearing:
1.
Within five (5) days after receiving the
completed application a copy of the application
shall be forwarded by the Minidoka County Zoning
Dept. to the zoning Administrator and the clerk
of the city in whose area of impact the
application is relevant. The city shall have the
right to review and provide comment. All written
or official comment received from the city shall
8-6 (80)
be brought before the Commission or Board who is
conducting the public hearing on the matter and
shall become part of the official record.
8-3C-10: RESUBMISSION OF APPLICATION:
No application for a reclassification of any property which has
been denied by the Board 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.
CHAPTER 4
8-6 (81)
ZONING DISTRICTS ESTABLISHED; MAP
SECTION:
8-4-1:
8-4-2:
8-4-3:
8-4-4:
8-4-5:
Designation of Zones
Zoning Map
General Regulations
Boundaries of Zones
Conformity and General Intent
8-4-1: DESIGNATION OF ZONES:
In order to accomplish more fully the objectives and purposes of
this title, Minidoka County is hereby divided into zones which
shall be known by symbols and/or names as follows:
Short
Title
AL
AM
AH
RL
RM
RH
CL
CG
IL
IH
Zones
Agricultural Low
Agricultural Medium
Agricultural Heavy
Residential Low Density
Residential Medium Density
Residential High Density
Commercial Local
Commercial General
Industrial Light
Industrial Heavy
8-4-2: ZONING MAP:
A.
The location and boundaries of each of the zoning
districts listed in section 8-4-1 of this chapter, and
special overlay districts, are hereby established as
are shown on the zoning map or maps of the respective
jurisdiction. All boundaries, notations and other data
shown thereon are as much a part of this title as if
fully described herein. Said zoning maps, properly
attested, shall be placed and remain on file in the
office of the Minidoka County Recorder.
B.
The zoning map shall be identified by the signature of
the chairman of the board of county commissioners,
8-6 (82)
attested by the county clerk, and shall bear the
following words:
I hereby certify that this is the official
Minidoka County’ Zoning Map which was
adopted by the Board of County Commissioners
of Minidoka County’ on the
day of ____
8-4-3: GENERAL 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.
8-4-4: 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.
8-6 (83)
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 a city by incorporation or
by inclusion in the 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 zoning
administrator shall interpret the map.
8-4-5: 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.
Building Height; Coverage: 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.
Yards, Open Spaces and Off Street Parking:
1.
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.
2.
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.
8-6 (84)
C.
Lot Area: 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 properly
approved by the county.
D.
Easements: 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.
E.
Use Limitations In Residential Areas: No facilities 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.
CHAPTER 5
8-6 (85)
GENERAL PURPOSES OF ZONES
SECTION:
8-5-1: PURPOSES:
A.
AL Agricultural Low Zone: The purpose of this
agricultural zone is intended to provide areas for low
density or residential development that maintains 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.
B.
AM Agricultural Medium Zone: The purpose of this zone
or district is to retain the economic base of Minidoka
County by preserving the good productive lands for
agricultural purposes and activities, which are of a
less objectionable nature, by identifying the farm
lands lying in those portions of the county that are
in areas of higher residential density, located closer
to urban areas, and are more likely to undergo urban
development.
C.
AH Agricultural Heavy Zone: The purpose of this zone
or district is to retain and support the economic base
of Minidoka County by preserving the good productive
lands for all agricultural purposes and by identifying
and protecting the farm lands lying in those portions
of the county not likely to undergo urban development.
This zone or district is characterized by farms and
ranches devoted to the production of food, fiber, and
animal products, and by large tracts of open rangeland
devoted to the raising of livestock.
D.
RL Low Density Residential Zone: The purpose of this
zone or district is to permit the establishment of low
density single-family housing areas designed to
contain a range from one to eight (8) units per acre.
E.
RM Medium Density Residential Zone: The purpose of
this zone or district is to permit the establishment
8-6 (86)
of medium density multiple-family dwellings not
exceeding four-plex 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.
F.
RH High Density Residential Zone: 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.
G.
CL Commercial Local Zone: 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 county and areas of
city 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.
H.
CG Commercial General Zone: The purpose of this zone
or district is to provide for and encourage the
grouping together of business, retail, public, quasipublic, 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.
I.
IL Industrial Light Zone: 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
8-6 (87)
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.
J.
IH Industrial Heavy Zone: 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 byproduct of such use
includes emittance of nuisances such as smoke, noise,
vibration, dust, odor, glare, gas, light, air
pollution or water pollution beyond the district
boundary 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.
K.
O Outlying Zone: The purpose of the outlying zone is
to classify land which is considered to be of such
remote location, constitutes unproductive land, or is
otherwise situated or categorized so as to require no
regulations at this time, except that industrial uses
will not be permitted in said zone without first
obtaining a special use or conditional use permit.
CHAPTER 6
8-6 (88)
REGULATIONS WITHIN ZONES
SECTION:
8-6-1: Compliance With Regulations
8-6-2: Schedule Of Zoning Regulations
8-6-3: Schedule Of Height And Area Regulations
8-6-1: 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
8-6 (89)
4.
C.
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 provision of this title.
No yard or lot existing on the effective date hereof
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. (Ord.
02-04, 8-26-2002)
8-6-2: SCHEDULE OF ZONING REGULATIONS:
Zoning regulations shall be as set forth in the official
schedule of zoning regulations and in chapter 7, "Performance
Standards", 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. The administrator shall interpret the
appropriate zone for land uses not specifically mentioned by
determining a zone in which similar uses are permitted. When
several combined land uses exist, or are proposed, the most
intensive land use shall be considered as the primary activity.
All uses listed in the schedule will be considered public and/or
commercial unless specifically designated as private, public or
commercial. (Ord. 09-04, 5-11-2009)
OFFICIAL SCHEDULE OF ZONING REGULATIONS
Key to symbols:
AH
AM
AL
RL
P
S
N
Permitted use
Special use
Not permitted
Agricultural heavy
Agricultural medium
Agricultural low
Residential low
RM
RH
CL
CG
Residential medium
Residential high
Commercial local
Commercial general
IL
IH
O
Industrial light
Industrial heavy
Outlying
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
S
N
N
N
N
N
N
N
N
S
S
Domestic
P11
P11
S
N
N
N
N
N
N
S
P
Industrial
S
N
N
N
N
N
N
N
N
N
P
Commercial
S
S
S
N
N
N
N
N
N
S
P
Domestic
P
P
S
N
N
N
N
N
N
S
P
Industrial
S
S
N
N
N
N
N
N
N
N
P
Hatchery
P
S
N
N
N
N
N
N
S
P
P
P
P
P
P
P
P
P
P
P
P
P
Animals confined6
P
P
P
N
N
N
N
N
N
N
P
Animals on pasture
P
P
P6
P6
N
N
N
N
P6
P6
P
Plant and trees
P
P
P
N
N
N
N
N
P
P
P
Produce and other farm products
P
P
P
N
N
N
N
N
P
P
P
Agronomy and crop consulting services
S
S
N
N
N
N
P5
P
P
P
S
Alcohol production plants
S
S
N
N
N
N
N
S
S
P
S
Animal hospital
S
S
N
N
N
N
S1
P1
P
P
N
Dairy product processing
S
N
N
N
N
N
N
N
P1
P
N
Grain and seed processing, commercial
S
S
N
N
N
N
N
N
P1
P
P
Grain and seed processing, domestic
P
P
N
N
N
N
N
N
P1
P
P
Greenhouses
P
P
S
N
N
N
S
P
P
P
N
Kennels commercial
S6
S6
N
N
N
N
N
P6
P
P
N
Kennels noncommercial
P
P
P6
P6
N
N
P6
P6
P
P
N
Livestock feed processing, commercial
S
S
N
N
N
N
N
N
P
P
S
Livestock feed processing, domestic
P
P
N
N
N
N
N
N
P
P
S
Livestock sales
S
S
N
N
N
N
N
N
S
S
N
Meat product processing
S
N
N
N
N
N
N
N
S1
P
N
Plant and flower nurseries
P
P
S
N
N
N
S
P
P
P
N
Vegetable and produce processing
S
N
N
N
N
N
N
N
P
P
N
Agriculture:
Confined animal feeding operations:
Commercial
Poultry (Enclosed)
Family food production (family garden)
Farms:
Agricultural activities:
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
S
S
N
N
N
N
S1
P1
P
P
N
Distribution lines
P
P
P
P
P
P
P
P
P
P
P
Electrical generation
S
S
N
N
N
N
N
N
S
S
S
Media transfer/booster stations12
S1
S1
S1
S1
S1
S1
P1
P
P
P
S
Radio and television stations
N
N
N
N
N
P1
P1
P
P
P
N
Camouflaged towers
P6
P6
P6
N
N
S6
S6
S6
P6
P6
S6
Tower/antenna farms
S6
S6
N
N
N
N
N
S6
S6
P6
S6
Towers less than 90 feet in height
P6
P6
S6
N
N
N
N
S6
P6
P6
S6
Towers over 90 feet in height
S6
S6
S6
N
N
N
N
N
S6
S6
S6
Telegraph centers and stations
N
N
N
N
N
P1
P1
P
P
P
N
Telephone exchange stations
S1
S1
S1
S1
S1
S1
P1
P
P
P
S
Transmission lines
S
S
S
N
N
N
N
S
S
S
P
Utility buildings and structures
S2
S2
S2
S2
S2
S2
S2
P
P
P
S2
Large WTS
S
N
N
N
N
N
N
N
N
N
S
Medium WTS
S
S
S
N
S
S
S
S
S
S
S
P17
P17
P17
P17
P17
P17
P17
P17
P1
P1
P1
7
7
7
Veterinarian
Communications and utilities:
Telecommunication towers:
Wind turbine system:
Small WTS
Wind farm
S
N
N
N
N
N
N
N
N
N
S
Aquariums
N
N
N
N
N
S
P1
P
P
P
S
Botanical gardens, arboretums
S
S
S
S
S
S
P
P
P
P
S
Historical sites, monuments
P
P
S
S
S
S
S
P
P
P
P
Libraries, museums, galleries
N
N
N
N
N
P1
P
P
P
P
N
Planetariums
N
N
N
N
N
S
P1
P
P
P
S
Zoos
S
S
N
N
N
N
S
S
P
P
S
Apparel and related products
N
N
N
N
N
N
S1
P1
P
P
N
Asphalt plant
N
N
N
N
N
N
N
N
S
P
N
Beverage bottling plant
N
N
N
N
N
N
N
P1
P
P
N
Cultural facilities:
Manufacturing:
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
Building materials
N
N
N
N
N
N
N
P1
P
P
N
Chemicals and chemical products
N
N
N
N
N
N
N
N
S1
P
N
Computer products and semiconductors
N
N
N
N
N
N
N
N
P
P
N
Concrete products
N
N
N
N
N
N
N
N
P1
P
N
Farm equipment
N
N
N
N
N
N
N
S1
P
P
N
Food products
S
S
N
N
N
N
N
S1
P1
P
N
Furniture and fixtures
N
N
N
N
N
N
N
P1
P
P
N
Gravel pits
S
S
N
N
N
N
N
N
S
S
S
Ice manufacturing
N
N
N
N
N
N
P1
P
P
P
N
Metal products
N
N
N
N
N
N
N
N
S1
P
N
Mineral products
S
N
N
N
N
N
N
N
S1
P
N
Miscellaneous products
N
N
N
N
N
N
N
N
S1
P
N
Paper products
N
N
N
N
N
N
S1
P1
P
P
N
Petroleum products
N
N
N
N
N
N
N
N
S1
P
N
Pharmaceutical products
N
N
N
N
N
N
N
S1
P
P
N
Printing and publishing
N
N
N
N
N
N
P1
P1
P
P
N
Professional and scientific products
N
N
N
N
N
N
P1
P1
P
P
N
Temporary asphalt plant
S
S
N
N
N
N
N
N
S
S
N
Temporary concrete batch plant
S
S
N
N
N
N
N
N
S
S
N
Textile products
N
N
N
N
N
N
S1
P1
P
P
N
Trailers and truck beds
N
N
N
N
N
N
N
S1
P
P
N
Amusement parks
N
N
N
N
N
N
S
S
S
S
N
Auditoriums
N
N
N
N
N
N
P
P
P
P
N
Churches
S
S
S
S
S
P
P
P
P
S
S
Concession
N
N
N
N
N
N
S
P
P
P
N
Convention centers
N
N
N
N
N
N
P1
P
P
P
N
Dance halls (occupant of 51 to 300)
N
N
N
N
N
N
N
P6
P6
P6
N
Dance halls (occupant over 300)
N
N
N
N
N
N
N
S6
P6
P6
N
Drive-in theaters
S
S
N
N
N
N
S
S
S
S
N
Exhibition halls
N
N
N
N
N
N
P1
P
P
P
N
Fairgrounds
S
S
N
N
N
N
N
N
P
P
S
Public assembly:
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
Riding arenas, private
P16
P16
P16
N
N
N
N
S1
S
S
S
Riding arenas, public
S
S
S1
N
N
N
N
S1
P
P
N
Sports arenas
S
S
N
N
N
N
S1
P
P
P
N
Theaters
N
N
N
N
N
P
P
P
P
P
N
Assisted living facilities
N
N
N
N
S
P
P
P
P
P
N
Bed and breakfast
N
N
N
S
S
P
P
P
P
P
N
Boarding houses
S
S
N
N
S
P
P
P
P
P
N
Condominiums
N
N
N
N
P4
P
P
P
P
S
N
Congregate residences
N
N
N
N
S
P
P
P
P
P
N
Home occupation
P6
P6
P6
P6
P6
P6
P6
P6
P6
P6
S
Hotels
N
N
N
N
N
P
P
P
P
P
N
S10
S10
N
N
S
S
S
S
S
S
N
Manufactured home class A
P
P
P
P7
P7
P7
P7
P7
P7
S
P
Manufactured home class B
P
P
P7
N
N
N
N
N
N
S7
P
Manufactured home class C8
N
N
N
N
N
N
N
N
N
N
N
Manufactured home, nonconforming9
N
N
N
N
N
N
N
N
N
N
N
Motels
N
N
N
N
N
P
P
P
P
P
N
Multi-family dwellings
S4
S4
S3
S3
P4
P
P
P
P
S
N
One-family dwelling
P
P
P
P
P
P
P
P
P
S
P
Retirement homes or senior housing
N
N
N
N
P4
P
P
P
S
S
N
Rooming house
N
N
N
N
S
P
P
P
P
S
N
RV (recreational vehicle) park
N
N
N
N
N
S
S
S
P
P
N
Shelter homes
N
N
N
N
S6
S6
S6
S6
P6
P6
N
Subdivision, industrial
N
N
N
N
N
N
N
N
P
P
N
Subdivision, manufactured home
N
N
S
S
S
S
S
S
S
S
N
Subdivision, residential
S15
S15
P
P
P
P
S
N
N
N
N
Temporary mobile home
N
N
N
N
N
N
N
N
N
N
N
Two-family dwelling
S
S
S
S
P
P
P
P
P
S
N
N
N
S
S
S
P
P
P
P
S
S
Residential:
Manufactured (mobile) home parks
Services:
Academic and vocational schools, public
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
Advertising
N
N
N
N
N
S5
P5
P
P
P
N
Apparel repair and alteration
N
N
N
N
N
S
P1
P
P
P
N
Automobile rental
N
N
N
N
N
S
P
P
P
P
N
Automobile repair
S1
S1
N
N
N
N
S1
P1
P
P
N
Automobile wrecking yard
N
N
N
N
N
N
N
N
S
P
S
Beauty and barber
N
N
N
N
N
P
P
P
P
P
N
Billboards6
N
N
N
N
N
N
S
P
P
P
N
Building care contracting
N
N
N
N
N
P1
P1
P
P
P
N
Business associations
N
N
N
N
N
S5
P1
P
P
P
N
Car wash
N
N
N
N
N
S
P
P
P
P
N
Cemetery
S
S
S
N
N
N
S
S
S
S
N
Civic, social and fraternal organizations
N
N
N
N
S5
P1
P
P
P
P
N
Consumer, credit, collection
N
N
N
N
N
S5
P5
P
P
P
N
Contractor yard
N
S
S
N
N
N
P5
P1
P
P
N
Copy center, duplication, stenographic
N
N
N
N
N
S5
P
P
P
P
N
Dance, music, voice studio
N
S
S1
N
S1
P1
P1
P
P
P
N
Daycare facilities
S
S
S
S
S
P
P
P
S
S
S
Employment
N
N
N
N
N
S5
P5
P
P
P
N
Equipment rental
N
N
N
N
N
N
P1
P
P
P
N
Finance and investment
N
N
N
N
N
S
P
P
P
P
N
Frozen food lockers
N
N
N
N
N
P
P
P
P
P
N
Funeral parlor/crematorium
N
N
N
N
N
S
P
P
P
P
N
Governmental facilities
S
S
N
N
N
S5
P5
P
P
P
S
Health club
N
N
N
N
N
S
P
P
P
P
N
Hospital, clinics and related services
N
N
N
N
S
S
P
P
P
P
N
Hotel
N
N
N
N
N
P
P
P
P
P
N
Industrial waste or produce water ponds
S
S
N
N
N
N
N
N
S
P
S
Insurance and related
N
N
N
N
N
S
P
P
P
P
N
Labor union and organizations
N
N
N
N
N
S5
P1
P
P
P
N
Landscaping
P
P
S
N
N
N
S
P
P
P
N
Laundering and dry cleaning
N
N
N
N
N
S
P
P
P
P
N
Laundromats
N
N
N
N
N
P
P
P
P
P
N
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
Motel
N
N
N
N
N
P
P
P
P
P
N
News syndicate
N
N
N
N
N
N
P5
P
P
P
N
Nursing and rest homes
N
N
S
N
S
S
P
P
P
P
N
Photo labs
N
N
N
N
N
S
P
P
P
P
N
Photography studios
N
N
N
N
S
S
P
P
P
P
N
Professional
N
N
N
N
N
S5
P5
P
P
P
N
Professional organizations
N
N
N
N
N
S5
P1
P
P
P
N
Real estate and related
N
N
N
N
N
P5
P5
P
P
P
N
Religious facilities
S
S
S
S
S
P
P
P
P
S
S
Rendering plant
N
N
N
N
N
N
N
N
S
P
N
Salvage or automobile wrecking yard
N
N
N
N
N
N
N
N
S
S
S
Sanitary landfills
S
S
N
N
N
N
N
N
N
S
S
Schools, commercial/private
N
N
S
S
S
P
P
P
P
P
S
Schools, public
N
N
S
S
S
P
P
P
P
S
S
Sewage lagoons
S
S
N
N
N
N
N
N
N
S
S
Commercial
N
N
N
N
N
N
P
P
P
P
N
Directional/informational
P
P
P
P
P
P
P
P
P
P
P
Home
P
P
P
P
P
P
P
P
P
P
P
Property
P
P
P
P
P
P
P
P
P
P
P
Public
P
P
P
P
P
P
P
P
P
P
P
Temporary
P
P
P
P
P
P
P
P
P
P
P
Small appliance repair
S1
S1
N
N
N
N
P1
P
P
P
N
Small engine repair
S1
S1
N
N
N
N
P1
P1
P
P
N
Storage rentals
N
S
S1
S14
S14
S1
P1
P
P
P
N
Telemarketing
N
N
N
N
N
N
P
P
P
P
S
Tire shop
N
N
N
N
N
N
S1
P1
P
P
N
Truck and tractor repair (agricultural)
S1
S1
N
N
N
N
S1
P1
P
P
N
Truck and tractor repair (commercial)
N
N
N
N
N
N
N
P1
P
P
N
Upholstery repair
N
N
N
N
N
S1
P1
P
P
P
N
Welfare and charitable
N
N
N
N
N
S5
P1
P
P
P
N
Signs6:
Sports facilities:
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
Athletic areas
N
S
S
S
S
S
P
P
P
P
S
Bicycle way
S
S
S
S
S
S
S
S
S
S
S
Car racing track
S
S
N
N
N
N
N
N
S
S
S
Equestrianway
S
S
S
N
N
N
N
N
S
S
S
Go-cart tracks
N
N
N
N
N
N
S
P
P
P
N
Golf courses and country clubs
N
S
S
S
S
S
P
P
P
P
S
Golf driving ranges
N
S
S
S
S
S
P
P
P
P
S
Horseracing track
S
S
N
N
N
N
N
N
S
S
N
Ice or roller skating
N
N
N
N
N
S
P
P
P
P
N
Indoor recreational facility
N
S
S
S
S
S
P
P
P
P
S
Miniature golf
N
N
S
N
N
S
S
P
P
P
S
Motorcycle racing track
S
S
N
N
N
N
N
N
S
S
S
Paintball park or facility
N
N
N
N
N
S1
P1
P
P
P
N
Private hunting club or reserve
S
S
N
N
N
N
N
N
N
S
S
P16
P16
P16
N
N
N
N
S1
S
S
S
Riding stable and schools
S
S
S
N
N
S
S
P
P
P
N
Rifle and pistol range
S
S
N
N
N
N
N
N
S
S
S
Skateboarding
N
N
N
N
N
S
P
P
P
P
N
Swimming pools (commercial and public)
N
N
S
N
N
S
P
P
P
P
N
Tennis courts, commercial
N
N
S
S
S
S
P
P
P
P
N
Tennis courts, private
P
P
P
P
P
P
P
P
P
P
P
Tennis courts, public
S
S
S
S
P
P
P
P
P
P
P
Open spaces
P
P
P
P
P
P
P
P
P
P
P
Public parks and playgrounds
S
S
P
P
P
P
P
P
P
P
S
Alcoholic beverages, served
N
N
N
N
N
S
P
P
P
P
N
Alcoholic beverages, sold only
N
N
N
N
N
N
P
P
P
P
N
Apparel and accessories
N
N
N
N
N
S
P
P
P
P
N
Automobiles and trucks
N
N
N
N
N
N
S
P
P
P
N
Building material, hardware
N
N
N
N
N
N
P1
P
P
P
N
Bulk fertilizer and farm chemicals
S
N
N
N
N
N
N
S
P
P
N
Riding arenas, private
Parks:
Trade, retail:
Zoning Districts
Land Uses
AH
AM
AL
RL
RM
RH
CL
CG
IL
IH
O
Convenience store
N
N
N
N
N
S
P
P
P
P
N
Drive-in establishments
N
N
N
N
N
S
S
P
P
P
N
Eating places
N
N
N
N
N
S
P
P
P
P
N
Farm and garden supplies
N
N
N
N
N
S1
P1
P
P
P
N
Food, drugs, liquor, etc.
N
N
N
N
N
N
P1
P
P
P
N
Gasoline service stations
N
N
N
N
N
S1
S1
P
P
P
N
General merchandise
N
N
N
N
N
N
P1
P
P
P
N
Home furnishings, appliances
N
N
N
N
N
N
P
P
P
P
N
Irrigation sales
N
N
N
N
N
N
S1
P1
P
P
N
Large implements and heavy equipment
N
N
N
N
N
N
S1
P
P
P
N
Manufactured home sales
N
N
N
N
N
N
P5
P
P
P
N
Petroleum
N
N
N
N
N
N
N
P1
P
P
N
Sporting goods
N
N
N
N
N
N
P
P
P
P
N
Bulk fertilizer and farm chemicals
S
N
N
N
N
N
N
S
P
P
N
Bulk storage, flammable liquids and
gases
N
N
N
N
N
N
N
S1
S
P
N
Wholesale distribution and warehousing
N
N
N
N
N
N
N
P1
P
P
N
Airfields (private)
S
S
N
N
N
N
N
N
S
S
S
Airfields (public)
S
S
N
N
N
N
N
N
S
S
S
Automobile open parking lot
N
N
N
N
N
S
P
P
P
P
N
Bus facilities, excluding pick up shelters
N
N
N
N
N
N
S1
P1
P
P
N
Bus pick up shelters
S
S
S
S
S
S
P
P
P
P
S
Freight transfer
N
N
N
N
N
N
N
P1
P
P
N
Helicopter landing pad
S
S
S
N
N
N
S13
S13
S1
S1
S
3
3
Trade, wholesale:
Transportation:
Railroad buildings and equipment
N
N
N
N
N
N
S5
S
P
P
N
Tickets and arrangements
N
N
N
N
N
S5
P5
P
P
P
N
Truck and bus open parking lot
N
N
N
N
N
N
N
P
P
P
N
Trucking facilities
N
N
N
N
N
N
P5
P5
P
P
N
Notes:
1. Provided all materials and equipment are kept inside of an enclosed building, and provided all work
is performed inside an enclosed building.
2. 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.
3. Maximum of 2 dwelling units per building.
4. Maximum of 4 dwelling units per building.
5. Offices only.
6. Must comply with separate and/or additional requirements of this title and other applicable
ordinances.
7. The applicable classes of manufactured homes are permitted, but may be subject to other
ordinances adopted by governing body dealing with buildings or structures built outside of the
jurisdiction.
8. Class C manufactured homes as defined in this title are permitted only in mobile home parks.
9. Nonconforming manufactured homes as defined in this title are permitted only in mobile home parks.
10. Manufactured (mobile) home parks are permitted with approval of special use permit when such
park is used exclusively for the housing of agricultural laborers and their immediate family members,
and is owned by an individual farmer, farming entity, group of farmers or farming entities.
11. Application approval may be granted by administrative approval without a public hearing.
12. 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.
13. Helicopter landing pads will be permitted in the zoning districts where special use permits are
required when associated with hospitals or other emergency related service provider.
14. 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.
15. Small subdivisions of 10 lots or less.
16. Private riding arenas are for the personal use of the owners, owner's family and friends where no
commercial gain is realized.
17. Small wind turbine systems over 35 feet in height require a special use permit.
(Ord. 02-04, 8-26-2002; amd. Ord. 05-02, 12-19-2005; Ord. 07-01, 4-9-2007; Ord. 09-04, 5-11-2009; Ord.
2011-1, 3-21-2011; Ord. 2012-1, 1-23-2012)
98
8-6-3:
SCHEDULE OF HEIGHT AND AREA REGULATIONS:
Zoning height, area, and setback regulations shall be set forth in the following schedule.
A.
The following setbacks and minimum yard requirements shall apply in the respective zones:
B.
Setbacks shall be measured from property lines unless a property line is in the center of the
road or street. In such case, setback shall be measured from the road or street right of way.
C.
Setbacks shall be measured to the wall of a structure with projections of twenty four inches
(24") or less.
For walls with projections of greater than twenty four inches (24"), setbacks shall be
measured to the projections. Projections over public way will be governed by provisions of
this title and the international building code. (Ord. 09-04, 5-11-2009)
OFFICIAL HEIGHT AND AREA REGULATION
Zoning
Maximum
Front
Rear
Interior Side
Side Street
Maximum Lot
Minimum
District
Height1
Setback5
Setback2
Setback7
Setback6
Coverage
Lot Area3
AL
35'
30'
5'
5'
30'
30%
1 acre4
AM
45'
30'
5'
5'
30'
10%
1 acre
AH
45'
30'
5'
5'
30'
10%
1 acre
RL
35'
20'
5'
5'
20'
30%
6,100 sq. ft.
RM
35'
20'
5'
5'
20'
40%
3,000 sq. ft.
RH
45'
20'
5'
5'
20'
50%
1,500 sq. ft.
CL
35'
20'
5'
5'
20'
NR
2,500 sq. ft.
CG
45'
0'
0'
0'
0'
NR
2,500 sq. ft.
IL
60'
0'
0'
0'
0'
NR
2,500 sq. ft.
IH
60'
0'
0'
0'
0'
NR
2,500 sq. ft.
Notes:
1. Except for silos, granaries, windmills and elevator legs.
99
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 one 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 that 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. (Ord. 05-02, 12-19-2005; amd. Ord. 07-01,
4-9-2007)
CHAPTER 7
SECTION:
8-7-1:
8-7-2:
8-7-3:
8-7-4:
8-7-5:
Purpose and Conditions
Supplemental Yard and Height Regulations
Supplemental General Provisions
Commercial and Industrial Uses
Gravel Pits; Mining Activities
8-7-1: PURPOSE AND CONDITIONS:
The purpose of performance standards is to set specific
conditions for various uses and classifications of uses of areas
where problems are frequently encountered.
8-7-2: 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 provision shall be adhered to:
A.
Visibility At Intersections: On a corner lot in all
100
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 feet (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 In Front Yards: In any
required front yard, no fence or wall shall be
permitted which materially impedes vision across such
yard between the height of two and one-half feet (21/2')
and ten feet (10').
C.
Yard Requirements for Multi-Family Dwellings: Multifamily dwellings shall be considered as one building
for the purpose of determining front, side and rear
yard requirements. The entire groups 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
commission 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
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
101
will constitute a hazard to the safe landing and
takeoff of aircraft at an established airport.
G.
Residential
residential
governed by
residential
Uses in Nonresidential Zones: Lots used for
purposes in nonresidential zones shall be
setback and use restrictions of lots in
zones.
H.
Buildings Adjacent to Snake 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 a sixty foot (60') setback in
unincorporated areas and twenty foot (20') setback
in incorporated areas.
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 finish surface grade
of the general area of which the septic system drain field 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 drain field 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.
8-7-3: 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 multifamily use;
2.
The yard dimensions still meet the yard dimensions
required by the zoning regulations for new
102
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
building, 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 permit authorized
by the administrator. 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
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 multifamily 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 drain
103
fields shall first obtain a sewer system permit from
the health authority before building and zoning permits
may be issued. 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 drain fields are not
permitted where city sewer service is reasonably
available.
F.
Development Close To 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.
8-7-4: 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, except that 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.
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.
104
C.
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.
D.
Vibration: No vibration shall be permitted which is
discernible without instruments on any adjoining lot or
property.
E.
Air Pollution: Air pollution shall be subject to the
requirements and regulations established by the health
authority.
F.
Glare: No direct or reflected glare shall be permitted
which is directed towards 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.
Enforcement Provisions: The administrator, prior to the
issuance of a zoning permit, 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.
J.
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,
D.C. (Ord. 02-04, 8-26-2002)
8-7-5: GRAVEL PITS; MINING ACTIVITIES:
A.
A minimum setback of thirty feet (30') is required from
105
any road right of way to top edge of any mining pit.
B.
A minimum setback of ten feet (10') is required from
any interior or rear property line to top edge of any
mining pit, unless otherwise agreed by the adjacent
property owner. Such agreement shall be signed,
notarized and recorded.
C.
A maximum of one to one (1:1) slope will be maintained
with backfill on perimeter edges of the mining pits
immediately following the extraction process.
D.
A buffer shall be established between the mining
operation pits and adjacent residential uses, county
roads, state roads, or highways. Allowable buffer
materials would consist of earthen berms, hedges, rows
of trees, or other fast growing foliage that will
obscure the sight of the mining operation from
adjoining roads or residences. Residential development
by the operator/owner may be used as the buffer from
roads and other residences, this buffer must be in
place and established as a visual buffer before the
mining operation comes within two hundred feet (200')
of the boundary.
E.
A plan which details the type of buffer materials and
estimated time schedule and plan for implementation
shall be submitted and approved during the special use
permit approval.
F.
Safety fencing or other physical barriers as approved
by the administrator shall be erected around all pits.
Temporary warning style fencing material or other
approved physical barrier with warning signs or
materials will be allowed on the sides that are
continually moving because of the mining operation.
G.
Prior to mining activity, security access gates shall
be installed and maintained to discourage trespass and
dumping in the pit areas.
H.
Operating hours shall be limited to six o'clock (6:00)
A.M. to eight o'clock (8:00) P.M. Mondays through
Saturdays. No operations will be permitted on Sundays
or major holidays. Variations of these operating hours
may be approved with conditions upon the granting of
the special use permit.
106
I.
Gravel crushing operations shall be confined and
localized to the bottom of the pit unless otherwise
approved by the commission at the granting of the
special use permit.
J.
No concrete batch plants or other heavy equipment
associated with the ready-mix concrete industry or
salvaged equipment shall be located or stored at site
or in the pit. A Special Use Permit shall be obtained
to set up and operate a temporary batch plant.
K.
Any fueling shall be done from operable fuel vehicles
or tanks with approved leakage containment systems and
approved by the local fire chief.
L.
No standing water shall be permitted in the pits,
except what is created by natural precipitation and
runoff or that is created or being used in the gravel
mining, washing, and screening processes.
M.
A plan addressing the extent and method of
rehabilitation and reclamation shall be determined in
advance of issuing the special use permit, and approved
by the Idaho state department of lands, with due
consideration given to what is suitable and compatible
with the surrounding area.
N.
The following shall be minimum reclamation standards:
1.
Reclamation of mined areas shall commence
immediately after the extraction process has
ended, or mined area exceeds thirty (30) acres.
2.
The date the extraction process shall be deemed
terminated will be computed in the following
manner: When ninety percent (90%) of the approved
minable area has been mined, the allowable
additional time for pit termination will be
calculated by dividing remaining area by one-half
(1/2) the average annual extraction rate measured
by surface area. The average annual extraction
rate shall be determined by dividing the area
mined by age of the pit or the time it took to
mine the given area.
3.
The mined areas shall be completely reclaimed
107
within one year after the extraction process has
been terminated unless the area is used for stock
piles.
4.
In cases where stockpiles exist in depleted areas,
the pits shall be completely reclaimed to the full
extent possible until the last stockpile is
removed.
5.
Stockpiles shall be removed from a mined area of
the pit within four (4) years from when the time
normal extraction process is terminated.
6.
Final reclamation shall commence after the removal
of the final stock pile and shall be finished
within one year from the time of the stock pile
removal or the time required for removal of
stockpile as set forth in subsection N5 of this
section.
7.
Finished grade of reclaimed area shall be at least
twelve inches (12") above seasonal high
groundwater level, unless provisions for ponds,
lakes or bodies of standing water are approved in
both the special use permit and reclamation plan.
8.
Reclamation shall include a minimum of twelve
inches (12") of restored topsoil or other suitable
material consisting of sixty percent (60%) of the
normal soil profile of the adjacent and
surrounding properties.
9.
Reclaimed pit sides shall have maximum slope of
one to one (1:1).
10.
Area shall be reclaimed to be used for pasturing,
agricultural, recreation, or residential uses.
When reclamation is for residential use, the
finished grade adjacent to the residences shall be
six feet (6') above the natural high water mark.
11.
At the time of final reclamation, an irrigation
system shall be installed to support pasturing and
farming uses.
12.
Upon depletion of the area and the removal of
stockpiles, all temporary buildings and structures
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except property line fences shall be entirely
removed from the property.
CHAPTER 7
ARTICLE A.
SIGNS AND BILLBOARDS
SECTION:
8-7A-1:
8-7A-2:
8-7A-3:
8-7A-4:
8-7A-5:
8-7A-6:
8-7A-7:
8-7A-8:
Purpose
Definitions
Exempt Signs
Prohibited Signs
General Regulations
Home Signs
Billboards
Temporary And Nonconforming Signs
8-7A-1: PURPOSE:
The purpose of this article 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.
8-7A-2: DEFINITIONS:
For purpose of this article, certain terms, phrases, or words
used herein shall be defined in chapter 2 of this title.
8-7A-3: EXEMPT SIGNS:
The following types of signs, when not illuminated, do not
require permits and are not subject to the general requirements
of this article:
A.
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
109
identifying restrooms, public telephones, walkways and
similar features or facilities.
B.
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.
C.
Traffic or other county signs required to be mentioned
by law, railroad crossing signs, legal notices and such
temporary emergency or non-advertising signs as may be
authorized by the board of county commissioners.
D.
Signs placed by public utilities showing the location
of underground facilities.
E.
Project or construction signs when referring solely to
the principal use of the property.
F.
Home signs located on the parcel of the applicable
residence or home occupancy.
G.
Property and temporary signs.
8-7A-4: PROHIBITED SIGNS:
A.
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.
B.
No rotating beam, beacon, or flashing illumination
resembling an emergency light shall be used in
connection with any sign display.
8-7A-5: GENERAL REGULATIONS:
A.
Installation; Compliance with Building Code: 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.
B.
Sign Projections: 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 title.
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C.
Placement; Consent Required: No sign or sign structure
shall be placed on private or public property without
the written consent of the owners or agents thereof.
D.
Facing Side Or Rear Property Lines: 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.
E.
Flashing or Animated Signs: Flashing and/or animated
signs shall be prohibited within three hundred feet
(300') of any residential zoning district.
F.
Sign Size And Location: 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:
1.
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.
2.
Projecting signs three feet (3') or less in depth
shall be spaced no less ten feet (10') apart.
3.
Projecting signs more than three (3) to six feet
(6') in depth shall be spaced no less twenty feet
(20') apart.
4.
Projecting signs more than six feet (6') in depth
shall be spaced no less thirty feet (30') apart.
5.
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.
8-7A-6: HOME SIGNS:
A.
One accessory nameplate and home occupation sign or
combination is permitted for each dwelling.
B.
In RL, RM and RH zoning districts, the erection of such
signs is subject to the following design standards:
1.
Each sign shall not exceed four (4) square feet in
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area and may be illuminated by external
illumination only.
2.
C.
D.
Home occupation signs must be attached flatly to
the building and not to exceed the height of the
eave line.
In other than RL, RM and RH zoning districts, the
erection of such signs is subject to the following
design standards:
1.
Each sign shall not exceed sixteen (16) square
feet in area and may be illuminated by external
illumination only.
2.
Home occupation signs located in the front yard
shall be positioned as to not obstruct vision at
intersections or for access driveways.
Any home occupation sign not complying with these
provisions may be permitted only with the granting of a
special use permit. (Ord. 05-02, 12-19-2005)
8-7A-7: BILLBOARDS:
A.
Billboards shall be permitted as established in the
official schedule of zoning regulations only adjacent
to state highways and Interstate 84.
B.
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.
C.
Billboards shall be located within one hundred feet
(100') of the street, road, highway or interstate right
of way.
D.
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.
E.
Billboards shall not exceed three hundred twenty (320)
square feet in area, except along Interstate 84 where
billboards shall not exceed six hundred seventy five
(675) square feet.
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F.
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.
G.
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, highway or Interstate 84.
H.
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.
I.
Billboards shall not be located within four hundred
feet (400') of any residential zoning district.
J.
Billboard's primary structure shall be of painted
noncombustible material and monopole design.
K.
Illumination of billboards shall be limited to the
hours between dusk and dawn.
8-7A-8: TEMPORARY AND NONCONFORMING SIGNS:
A.
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 which the sign
was permitted.
B.
Temporary signs may be permitted past the established
expiration date with the approval of a special use
permit.
C.
Nonconforming signs shall be deemed to be a conforming
use and/or structure, and may continue in use and
normal maintenance.
D.
Nonconforming signs may only be expanded or enlarged
with the approval of a special use permit.
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CHAPTER 7
ARTICLE B.
UNIQUE LAND USES
SECTION:
8-7B--1: Findings
8-7B--2: Accessory Buildings in Residential Zones
8-7B--3: Animal Clinic, Animal Hospital, Veterinary Office And
Kennel
8-7B--4: Meat Packing, Processing Plants and Slaughterhouse
Facilities
8-7B--5: Bulk Storage of Flammable Liquids and Gases,
Aboveground and For Resale
8-7B--6: Chemical, Pesticide and Fertilizer Storage and
Manufacturing
8-7B--7: Contractor's Yard
8-7B--8: Drive-In Restaurant
8-7B--9: Filling, Grading, Lagooning, Dredging or Other
Earthmoving Activity
8-7B-10: Boathouses
8-7B-11: Home Occupation
8-7B-12: Manufactured or Mobile Homes
8-7B-13: Manufactured (Mobile) Home Parks Or Courts
8-7B-14: Recreational Vehicles
8-7B-15: Outdoor Storage of Commercial And Industrial Materials
8-7B-16: Riding Stables and Schools
8-7B-17: Rifle and Pistol Range
8-7B-18: Salvage Yard
8-7B-19: Abandoned, Junked Property
8-7B-20: Livestock
8-7B-21: Sanitary Landfill
8-7B-22: Refuse, Solid Waste, Stagnant Water
8-7B-1: FINDINGS:
Certain unique land uses pose special problems that may have
detrimental influences on surrounding land uses. The performance
standards for such unique land uses, as set out in this article,
shall be adhered to in addition to all other provisions of this
title.
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8-7B-2: ACCESSORY BUILDINGS IN RESIDENTIAL ZONES:
Accessory buildings in residential zones:
A.
Shall not be located in any required front yard area;
and
B.
Shall not be located closer than five feet (5') from
any side or rear property line.
8-7B-3: ANIMAL CLINIC, ANIMAL HOSPITAL, VETERINARY OFFICE AND
KENNEL:
An animal clinic, animal hospital, veterinary office and kennel
shall 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.
8-7B-4: MEATPACKING, PROCESSING PLANTS AND SLAUGHTERHOUSE
FACILITIES:
These facilities:
A.
Shall 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 the
affected property owner gives written permission to the
commission.
B.
Shall 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.
C.
Shall 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.
115
D.
Shall be required to comply with the confined animal
feeding operation requirements when the operation
confines and feeds more than two hundred (200) animal
units on a continuous basis. (Ord. 07-01, 4-9-2007)
8-7B-5: BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVE GROUND
AND FOR RESALE:
These storage facilities:
A.
Shall be located at least three hundred feet (300')
from a residential zone, a residence, motel, and hotel,
except for an owner's residence.
B.
Shall be erected subject to the approval of the fire
chief or fire marshal.
C.
Shall have suitable loading and unloading spaces and
off street parking facilities, subject to the approval
of the fire chief or fire marshal.
8-7B-6: CHEMICAL, PESTICIDE AND FERTILIZER STORAGE AND
MANUFACTURING:
These facilities shall have adequate fire protection, storage
area, handling and disposal as approved by the fire chief or fire
marshal and State Dept. of Agriculture.
8-7B-7: HAZARDOUS CHEMICAL, HAZARDOUS MATERIAL, STROAGE AND
DISPENSING FACILITIES:
Hazardous material facilities shall require a Risk Management
Plan (RMP) demonstrating that a release of the hazardous
substances 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
116
complete failure (instantaneous release of entire contents) of a
vessel, piping system, or other storage tructure. 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 offsite 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, ground water, 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.
8-7B-7: CONTRACTOR'S YARD:
Contractors' yards:
A.
Shall 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
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areas utilized for storage of materials and equipment.
B.
Shall be limited to storage, maintenance and processing
incidental to contracting work. There shall be no
general industrial or commercial uses.
8-7B-8: DRIVE-IN RESTAURANT:
Drive-in restaurants:
A.
Shall be maintained in a neat and orderly condition to
prevent trash from moving onto other properties.
B.
Shall have a six foot (6') high sight obscuring fence
along the property lines that adjoin an existing
residence or residentially zoned area.
C.
Shall provide for adequate trash receptacles.
D.
Shall not direct night lighting toward any residence,
8-7B-9: FILLING, GRADING, LAGOONING, DREDGING OR OTHER
EARTHMOVING ACTIVITY:
These activities:
A.
Shall result in the smallest amount of bare ground
exposed for the shortest time feasible.
B.
Shall provide temporary ground cover, such as mulch.
C.
Shall use diversions, silting, basins, terraces and
other methods to trap sediment.
D.
Shall provide lagooning in such a manner as to avoid
creation of fish trap conditions.
E.
Shall not restrict a floodway, channel or natural
drainage way.
F.
Shall construct and stabilize sides and bottom of cuts,
fills, channels and artificial watercourses to prevent
erosion or soil failure.
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G.
Shall not have below grade excavation, except for
drainage ways within fifty feet (50') of any lot line
or public right of way.
H.
Shall restore topsoil or loam to a depth of not less
than four inches (4").
8-7B-10: BOATHOUSES:
Boathouses:
A.
Shall only be located within a shore lot.
B.
Shall be limited to one on premises boathouse for each
shore lot.
C.
Shall not exceed a height of fifteen feet (15') without
a special use permit issued by the Commission.
D.
Shall not be located closer than ten feet (10') to any
property line.
E.
Shall not exceed 300 square feet of building area
without a special use permit issued by the Commission.
8-7B-11: HOME OCCUPATION:
The following shall apply to home occupations:
A.
No more than one person, other than members of the
family residing on the premises, shall be engaged in
such occupation.
B.
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. (Ord. 02-04, 8-26-2002)
C.
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. (Ord. 05-02, 12-19-2005)
119
D.
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
shall not be considered as part of a home occupation
and shall comply with the specific requirements of that
use.
E.
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.
F.
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 singlefamily 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.
G.
Home occupations shall be conducted completely inside
the dwelling, enclosed garage or other building
accessory to the dwelling. (Ord. 02-04, 8-26-2002)
8-7B-12: MANUFACTURED OR MOBILE HOMES:
The following shall apply to manufactured or mobile homes:
A. A manufactured or mobile home shall not be moved onto a site
or occupied before a building permit has been issued.
B. At least one inspection after the permit is issued shall be to
verify compliance with applicable zoning, health, installation,
and building requirements.
C. A permit shall be required for all classes of manufactured
homes and shall be in addition to any other required zoning,
120
permit, or hookup fees.
D. Manufactured or mobile homes as defined in this title shall
only be used for residential purposes.
E. 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. (
8-7B-13: MANUFACTURED (MOBILE) HOME PARKS OR COURTS:
Manufactured (mobile) home parks or courts:
A. Shall 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.
B. Shall not be hazardous or detrimental to existing or future
neighboring uses.
C. Shall 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.
D. Shall be consistent with the intent and purpose of this title
and the comprehensive plan.
E. Shall have vehicular approaches to the property which shall be
designed as not to create an interference with traffic in
surrounding streets or roads.
F. Shall not result in the destruction or damage of natural,
scenic or historic features of major importance.
G. Shall meet the minimum health standards as set forth and
administered by the appropriate health authority.
H. Shall 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.
121
I. Shall provide two (2) off street parking spaces for each
mobile home parking space.
J. Shall be a minimum total area of two (2) acres for the
manufactured home park or court, including common areas,
buildings, and facilities.
8-7B-14: 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:
A. Temporary occupancy of up to fourteen (14) days of a
recreational vehicle for use by friend or family of owner or
occupant.
B. Upon the issuance of the appropriate permits, a recreational
vehicle may be placed and occupied on a construction site until
construction is completed, but not to exceed eighteen (18)
months.
C. Upon the issuance of the appropriate permits, a recreational
vehicle may be placed and occupied on any parcel or lot that
would allow the placement of a class C manufactured home.
8-7B-15: OUTDOOR STORAGE OF COMMERCIAL AND INDUSTRIAL MATERIALS:
Such outdoor storage:
A. Shall 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.
B. Shall not be located in any front yard setback area.
8-7B-16: RIDING STABLES AND SCHOOLS:
Riding stables and schools:
A. Shall locate all stables or loafing sheds no closer 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.
122
B. Shall 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.
C. Shall 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.
8-7B-17: RIFLE AND PISTOL RANGE:
Rifle and pistol ranges:
A. Shall be designed with a backstop.
B. Shall be designed to avoid a line of fire that is directed
towards any residence or business within one mile.
C. Shall incorporate landscaping that is compatible with the
surrounding landscaping.
D. Shall provide supervision and security measures during periods
of use.
8-7B-18: SALVAGE YARD:
Salvage yards:
A. Shall have a sight obscuring fence approved by the planning
commission meeting the terms of this title. Shall be constructed
parallel to and ten feet (10') back of the right of way line of
any public street or highway for any auto wrecking yard and
salvage yard. Said fence shall be constructed along the entire
premises devoted to such auto wrecking or salvage yard.
B. Shall not result in the storage of automobiles, junk or
salvage material that is visible from any public right of way.
C. Shall not result in the storage of materials that exceed the
height of the fence.
D. Shall have landscaping that is compatible with the surrounding
area.
E. Shall comply with other regulations or ordinances of Minidoka
County.
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8-7B-19: 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 article 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.
8-7B-20: LIVESTOCK:
Unless otherwise regulated in this title or any other applicable
ordinance, the keeping of livestock shall comply with the
following provisions:
A. Number Of Livestock Limited: On any lots, tract or parcel not
zoned agricultural within 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.
B. Confined Animal Feeding Operations: Livestock confined on any
parcel or tract shall not exceed the number allowed by an
approved confined animal feeding operation permit. In the absence
of a confined animal feeding operation permit on parcels or
tracts within an agricultural zoning district with a minimum of
one acre of fenced pasture area, the maximum density of animal
units shall not exceed five (5) per acre in livestock density
unless an approved waste management plan is in place allowing a
greater density.
C. Waste and Runoff: 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
124
livestock and animal control provisions of this title
8-7B-21: SANITARY LANDFILL:
A sanitary landfill:
A. Shall conform to time limits for daily operation as defined
by the governing board.
B. Shall provide a bond, for privately owned sites, to ensure
compliance with the provisions of the zoning approval.
C. Shall provide for a paved street to the facility.
D. Shall be supervised during the hours of operation.
E. Environmental Safeguards: Such operations shall be required
to plan for, install and maintain such safeguards and
measures as the commission shall require to ensure that
ground water quality and air quality are preserved and
environmental hazards and nuisance and unsightly areas are
not created by the operation.
F. Shall comply with any other local, state or federal
regulations or ordinances. (Ord. 02-04, 8-26-2002)
8-7B-22: 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
jurisdiction of the county, 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. (Per motion dated
1-23-2012)
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CHAPTER 8
FLOODPLAIN OVERLAY DISTRICT
SECTION:
8-8--1:
8-8--2:
8-8--3:
8-8--4:
8-8--5:
8-8--6:
8-8--7:
8-8--8:
8-8--9:
8-8-10:
Purpose and Location Of District
Definitions
Lands to Which Chapter Applies
Basis for Establishing Areas Of Special Flood Hazard
Administrator
Development Permit Required
Flood Hazard Reduction
Liability Clause
Restrictions
Prohibited Uses
8-8-1: PURPOSE AND LOCATION OF DISTRICT:
A. Purpose: 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:
1. To protect human life and health;
2. To minimize expenditure of public money and costly
flood control projects;
3. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
4. To minimize prolonged business interruptions;
5. 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;
6. 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
7. To ensure that those who occupy the areas of special
126
flood hazard assume responsibility for their
actions.
B. Location of Districts: The floodplain overlay (FP) district is
created to designate areas of the county needing such
consideration and is superimposed over other districts. The FP
district is the same area as the area of the county identified by
the federal insurance administration-emergency management agency
flood insurance rate map (FIRM) promulgated for the county, 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. (Ord. 02-04, 8-26-2002)
8-8-2: DEFINITIONS:
For purpose of this chapter, certain terms, phrases, or words
used herein shall be defined in chapter 2 of this title.
8-8-3: LANDS TO WHICH CHAPTER APPLIES:
This chapter shall apply to all areas designated on the map
referred to in subsection 8-8-1B of this chapter, designated as
the floodplain overlay (FP) district. (Ord. 02-04, 8-26-2002)
8-8-4: BASIS FOR ESTABLISHING 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 effective date hereof,
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 clerk.
(Ord. 02-04, 8-26-2002)
8-8-5: ADMINISTRATOR:
A. Designation: The building official is hereby appointed to
administer and implement this chapter 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 county.
B. Duties And Responsibilities: Duties of the administrator shall
127
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
8-8-7C1 of this chapter are met.
2. Use Of Other Base Flood Data: When base flood elevation data
has not been provided in accordance with section 8-8-4, "Basis
For Establishing 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 subsection
8-8-7B, "Specific Standards", and subsection 8-8-7C, "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 B2 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 flood proofed
8-8-6: DEVELOPMENT PERMIT REQUIRED:
A development permit shall be obtained before construction or
development begins within any area of special flood hazard
established in section 8-8-4 of this chapter. The permit shall be
for all structures, including manufactured homes, as set forth in
section 8-8-2, "Definitions", of this chapter, and for all
development including fill and other activities, also as set
forth in section 8-8-2, "Definitions", of this chapter. (Ord.
02-04, 8-26-2002)
128
8-8-7: 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
129
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 8-8-5B2 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
section 8-8-4, "Basis For Establishing Areas Of Special Flood
Hazard", or subsection 8-8-5B2, "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
130
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 flood proofed 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 8-8-5B3b
of this chapter.
d. Nonresidential structures that are elevated, not flood
proofed, must meet the same standards for space below the lowest
floor as described in subsection 8-8-7B1b of this chapter.
e. Applicants flood proofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates
that are one foot (1') below the flood proofed level (e.g., a
131
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 8-8-7A1b of this
chapter.
C. Floodways: Located within areas of special flood hazard
established in section 8-8-4 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.
(Ord. 02-04, 8-26-2002)
8-8-8: 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 county or city governing body or the commission, 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. (Ord.
02-04, 8-26-2002)
8-8-9: RESTRICTIONS:
Restrictions regarding height, rear yards, side yards, front yard
setback, minimum lot area, signs, vision clearance and parking
132
space shall be the same as set forth in each specific district
located within the floodplain overlay zone area. (Ord. 02-04,
8-26-2002)
8-8-10: 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 that
existing nonconforming uses may continue as herein provided.
(Ord. 02-04, 8-26-2002)
CHAPTER 9
PLANNED UNIT DEVELOPMENT (PUD)
SECTION:
8-9--1:
8-9--2:
8-9--3:
8-9--4:
8-9--5:
8-9--6:
8-9--7:
8-9--8:
8-9--9:
8-9-10:
8-9-11:
8-9-12:
8-9-13:
8-9-14:
8-9-15:
8-9-16:
8-9-17:
8-9-18:
Purposes
Governing Provisions
Minimum Area
Uses Permitted
Ownership Requirements
Common Open Space
Utility Requirements
Increased Residential Density
Arrangement Of Uses
PUD Approval Procedure
Pre-application Meeting
Application For Approval Of Preliminary Development Plan
Public Notice
Approval In Principle By Commission
Application For Approval Of Final Development
Recommendation By Commission
Action By Board
Expiration And Extension Of Approval Period
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:
133
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. (Ord. 02-04, 8-26-2002)
8-9-2: GOVERNING PROVISIONS:
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. (Ord. 02-04, 8-26-2002)
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. (Ord. 02-04, 8-26-2002)
134
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, that there is a favorable finding by the
commission:
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. (Ord. 02-04,
8-26-2002)
8-9-5: OWNERSHIP REQUIREMENTS:
A. 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.
B. 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.
(Ord. 02-04, 8-26-2002)
8-9-6: COMMON OPEN SPACE:
A. 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.
B. 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
135
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 commission.
C. The responsibility for the maintenance of all open space shall
be specified by the developer before approval of the final
development plan.
D. 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. (Ord. 02-04, 8-26-2002)
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 commission
finds that such exemption will not violate the intent or
character of the proposed PUD. (Ord. 02-04, 8-26-2002)
8-9-8: INCREASED RESIDENTIAL DENSITY:
To provide for an incentive for quality PUD, the commission 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, pedestrian
way 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
136
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. (Ord. 02-04, 8-26-2002)
8-9-9: ARRANGEMENT OF USES:
A. Commercial:
1. 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.
2. 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.
3. 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.
B. Industrial:
1. PUDs may include industrial uses if it can be shown that the
development results in a more efficient and desirable use of
land.
2. Industrial uses and parcels shall be developed in park like
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.
3. Project side yards of forty feet (40') and a rear yard of
fifty feet (50') shall be required if the project is located
137
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. (Ord. 02-04, 8-26-2002)
8-9-10: PUD APPROVAL PROCEDURE:
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 pre-application, the submission of a preliminary
development plan and approval by the commission of a final
development plan as specified within this title. (Ord. 02-04,
8-26-2002)
8-9-11: 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. (Ord. 02-04,
8-26-2002)
8-9-12: APPLICATION FOR APPROVAL OF PRELIMINARY DEVELOPMENT PLAN:
A. Contents Of Application: 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.
1. Name, address and phone number of applicant.
2. Name, address and phone number of registered surveyor,
registered engineer and/or urban planner assisting in the
preparation of the preliminary development plan.
3. Legal description of property.
4. Description of existing use.
138
5. Zoning districts.
6. A vicinity map at a scale approved by the administrator
showing property lines, streets, existing and proposed zoning and
such other items as the commission may require showing the
relationship of the PUD to the comprehensive plan and to existing
schools and other community facilities and services.
7. 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 commission
deems necessary.
8. Proposed schedule for the development of the site.
9. Evidence that the applicant has sufficient control over the
land in question to initiate the proposed development plan within
two (2) years.
B. Statement By Developer: 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. (Ord. 02-04, 8-26-2002)
8-9-13: PUBLIC NOTICE:
The same provision for public hearing and legal notifications as
required for special use permits shall be followed. (Ord. 02-04,
8-26-2002)
8-9-14: APPROVAL IN PRINCIPLE BY COMMISSION:
A. Within twenty eight (28) days after the public hearing, the
commission 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
139
justify the deviation from standard district regulations. The
commission'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.
B. The commission shall consider the general standards and
criteria applicable to special use permits and subdivisions
before approving in principle a preliminary development plan.
(Ord. 02-04, 8-26-2002)
8-9-15: APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT:
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
140
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 necessary:
water, sewer, drainage, electricity, telephone and natural gas
installations; waste disposal facilities; street improvements;
and nature and extent of earth work 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.
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. (Ord. 02-04, 8-26-2002)
8-9-16: RECOMMENDATION BY COMMISSION:
A. Presenting Recommendation: Within sixty (60) days after
receipt of the final development plan, the commission shall
recommend to the board that the final development plan be
approved as presented, approved with supplementary conditions, or
disapproved. The commission shall then transmit all papers
constituting the record and the recommendations to the board.
B. Findings Of Fact: The commission shall find that the facts
submitted with the application and presented to them establish
that:
1. The proposed development can be initiated within two (2) years
of the date of approval.
2. 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
141
which would not be achieved under standard district regulations.
3. 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.
4. Any proposed commercial development can be justified at the
locations proposed.
5. 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 board.
6. The area surrounding said development can be planned and zoned
in coordination and substantial compatibility with the proposed
development.
7. The PUD is in general conformance with the comprehensive plan.
8. The existing and proposed utility services are adequate for
the population densities and nonresidential uses proposed. (Ord.
02-04, 8-26-2002)
8-9-17: ACTION BY BOARD:
A. Specifications Regarding Decision: Within sixty (60) days
after receipt of the final recommendation of the commission, the
board shall approve, approve with supplementary conditions, or
disapprove the application as presented. Upon granting or denying
the application, the board shall specify:
1. The ordinance and standards used in evaluating the
application;
2. The reason for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a
permit.
B. Conditions For Issuance Of Zoning Permit: If the application
is either approved or approved with conditions, the council shall
direct the administrator to issue zoning permits only in
accordance with the approved final development plan and the
supplementary conditions attached thereto. (Ord. 02-04,
142
8-26-2002)
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
commission finds that such extension or modification is not in
conflict with the public interest. (Ord. 02-04, 8-26-2002)
CHAPTER 10
NONCONFORMING USES
SECTION:
8-10-1:
8-10-2:
8-10-3:
8-10-4:
8-10-5:
8-10-6:
8-10-7:
8-10-8:
Intent
Incompatibility Of Nonconforming Uses
Avoidance Of Undue Hardship
Single Nonconforming Lots Of Record
Nonconforming Lots Of Record In Combination
Nonconforming Uses Of Structures And Land
Repairs And Maintenance
Uses Under Special Use Provisions
8-10-1: INTENT:
It is the intent of this title to permit nonconforming uses to
continue until they are removed, but not to encourage their
survival. It is further the intent of this title 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. (Ord. 02-04,
8-26-2002)
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 the
143
effective date hereof by expansion of the existing
alterations or additions to the existing buildings
or by the addition of other uses of a nature which
generally prohibited in the district in which such
located. (Ord. 02-04, 8-26-2002)
use or by
or premises,
would be
use is
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 the 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. (Ord.
02-04, 8-26-2002)
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. 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
regulation for the district in which such lot is located. (Ord.
02-04, 8-26-2002)
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 are 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
144
parcel be made which creates a lot with a width or area below the
requirements stated in this title. (Ord. 02-04, 8-26-2002)
8-10-6: NONCONFORMING USES OF STRUCTURES AND LAND:
If a lawful use involving individual structures, of 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 commission, be changed to another
nonconforming use; provided, that the commission shall find that
the proposed use is at least as appropriate to the district as
the existing nonconforming use. In permitting such change, the
commission 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.
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,
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and the nonconforming use shall not be resumed. (Ord. 02-04,
8-26-2002)
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. (Ord.
02-04, 8-26-2002)
8-10-8: USES UNDER SPECIAL USE PROVISIONS:
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. (Ord. 02-04, 8-26-2002)
CHAPTER 11
OFF STREET PARKING AND LOADING FACILITIES
SECTION:
8-11-1:
8-11-2:
8-11-3:
8-11-4:
8-11-5:
General
Parking
Loading
General
General
Requirements
Standards
Standards
Standards For Parking And Loading Areas
Interpretations
8-11-1: GENERAL REQUIREMENTS:
A. No building or structure shall
altered or its use changed unless
street parking and loading spaces
accordance with the provisions of
be erected, substantially
permanently maintained off
have been provided in
this title.
146
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 title.
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 board of county commissioners.
8-11-2: PARKING STANDARDS:
A. Space And Area: 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 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.
B. Parking Spaces Required: For the purpose of this title, the
following parking space requirement shall apply:
147
Type Of Use
Parking Spaces Required
Residential:
Single-family or two-family
dwelling
2 for each unit
Apartments, or multi-family
dwelling
2 for each unit
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
Commercial:
Automobile service garages
which also provide repair
1 for each 2 gasoline pumps and 3
for each service bay
Hotels, motels
1 for each sleeping room, plus 1
space for each 2 employees
Funeral parlors, mortuaries and 1 for each 100 square feet of floor
similar type uses
area in slumber rooms, parlors or
service rooms
Retail stores
1 for each 250 square feet of retail
floor area
Banks, financial institutions and 1 for each 250 square feet of
similar uses
public floor area
Offices, public or professional
administration or service
buildings
1 for each 400 square feet of floor
area
All other types of business or
commercial uses permitted in
any business district
area
Recreational or entertainment:
Dining rooms, restaurants,
taverns, nightclubs, etc.
1 for each 100 square feet of
dining floor area
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
area used for the activity
Skating rinks
148
Type Of Use
area used for the activity
Outdoor swimming pools,
(public, community, or club)
1 for each 5 persons capacity, plus
1 for each 4 seats or 1 for each 30
square feet floor area used for
seating purposes, whichever is
greater
Outdoor athletic fields
1 for every 4 seats, (every 18
inches of bleachers), but no less
than 10 for each field
Auditoriums, sports arenas,
theaters and similar uses
1 for each 4 seats
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
Sanitariums, homes for the
aged, nursing homes, children
homes, asylums and similar
uses
1 for each 2 beds
Medical and dental clinics
1 for each 200 square feet floor
area of examination, treating room
office and waiting room
Libraries, museums and art
galleries
1 for each 400 square feet floor
area
Schools (public, parochial or
private):
Elementary and junior high 2 for each classroom and 1 for
schools
every 8 seats in auditoriums or
assembly halls
High schools
1 for every 8 students and 1 for
each teacher and employee
Business, technical and
trade schools
1 for each 2 students
Colleges, universities
1 for each 4 students
Kindergartens, childcare
centers, nursery schools
11/2 for each, but not less than 6
for the building
149
Type Of Use
and similar uses
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 on the
premises
!SETLRM! !SETFNT!!SETTAB!
C. Size: Parking spaces and aisle ways required by this title for
the following types of parking shall be sized as follows:
Type
Length
Width
Aisle
Parallel
23'
9'
12'
Diagonal 45
15'
13'
13'
Diagonal 60
18'
10'
17'
Perpendicular 90
19'
9'
25'
8-11-3: LOADING STANDARDS:
A. Size: 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. Number Of Spaces: Off street loading spaces for commercial
uses shall be provided in accordance with the following table:
150
Gross Floor Area (Sq. Ft.)
Quantity And Type
10,000 to 20,000
1B
20,000 to 40,000
1B + 1A
40,000 to 100,000
2B + 2A
For each additional seventy five thousand (75,000) square
feet, or fraction thereof, an additional type A space will
be provided.
C. Access: Convenient access to loading spaces from streets or
alleys shall be provided; they shall not be less than twelve feet
(12') in width.
D. Location: 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. Entrances And Exits: Design and location of entrances and
exits for required off street loading areas shall be subject to
review of the administrator. (Ord. 02-04, 8-26-2002)
8-11-4: GENERAL STANDARDS FOR PARKING AND LOADING AREAS:
A. Maintenance: 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. Drainage: 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. Lighting: Any parking area, which is intended to be used
during non-daylight hours, shall be properly illuminated to avoid
accidents. Any lights used to illuminate a parking lot shall be
so arranged as to reflect the light away from the adjoining
property.
D. Ingress And Egress: 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
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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. Screening: 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') nor 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. Vehicle Extending Beyond Property Line: 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. Location Of Area: 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. Disabled Vehicles: 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. Joint Use Of Spaces: 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
152
long as each structure to which the parking pertains remains in
existence. (Ord. 02-04, 8-26-2002)
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; 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 commission. (Ord. 02-04, 8-26-2002)
CHAPTER 12
CONFINED ANIMAL FEEDING OPERATION
SECTION:
8-12-1:
8-12-2:
8-12-3
8-12-4:
8-12-5:
8-12-6
8-12-7:
8-12-8:
8-12-9:
8-12-10:
8-12-11:
8-12-12:
8-12-13:
8-12-14:
8-12-15:
8-12-16:
8-12-17:
8-12-18:
8-12-19:
Applicability
Regulations/Setbacks
Permitted Densities for CAFOs
Definitions
Location
Application for New CAFO Permit
Other Agencies of Government
Permit Approval
Permit Development
Right to Occupy and Commence Operation
Transferability and Discontinuance
Modification of Waste Management System
Animal Reporting Requirements/Random Inspections
County Officer or Employee Entry Authorized
Existing Operations
Enhanced “Grandfather” Rights for Holders of Prior Use CAFO Permits
Discontinuance of Use
Appeals
Poultry CAFO / Enclosed and Totally Confined
153
8-12-1: APPLICABILITY: This chapter shall apply to all confined animal feeding operations
located in Minidoka County.
8-12-2: REGULATIONS/SETBACKS: In addition to all other regulations specified in this
Title, all new confined animal feeding operations (CAFOs) shall comply with the
following setbacks and other provisions:
A. City Areas of Impact: All new Industrial CAFOs shall be located not less than one (1)
mile outside the defined areas of impact of any incorporated municipality within
Minidoka County as identified on the zoning map of Minidoka County. All new
Commercial CAFOs shall be allowed to locate within a cities area of impact only
within the proper zoning district and with the granting of a Special Use Permit
approved by the county Planning and Zoning Commission.
B. Subdivisions: The closest inside edge of the retaining wall of any new CAFO waste
lagoon, or other structures containing liquid waste, and the outside edge of any
composting yard of any new CAFO shall be located at least one (1) mile from
any legally platted subdivision or planned unit development with visible
improvements such as a highway district or county approved and accepted road.
C. Dwellings: The closest inside edge of the retaining wall of any new CAFO waste
lagoon or other structure containing liquid waste, or the outside edge of any
composting yard for the waste generated from a confined animal feeding
operation shall be located from any existing dwelling, church, school or any
other building designed for human occupancy, not located within the designated
CAFO site the following distances for each CAFO category.
1. Industrial CAFO : One thousand three hundred twenty feet (1320’)
2. Commercial CAFO: One thousand feet (1000’)
3. Domestic CAFO: Five hundred feet (500’)
D. Property Line: The closest inside edge of the retaining wall of the waste lagoon, or
other structures containing liquid waste, and the outside edge of any composting
yard of any new CAFO shall be located at least four hundred feet (400’) inside
the existing property lines of the designated CAFO site.
E. Corrals: The outside edge of all corrals of any new CAFO shall be located at least
four hundred feet (400') from the nearest existing dwelling, church, school, or
any other building used for human occupancy, not located within the designated
CAFO site.
F. Proximity to Right of Way: Any structure confining animals in a CAFO, whether barn,
corral, or other structure, must have external boundaries no less than one
hundred feet (100’) from the external boundary of any public right of way.
G. Health Authority: Locations of waste lagoons, corrals, wells, and septic systems of
any new CAFO shall conform to state of Idaho and health authority regulations
and specifications.
154
H. Lights: lights for all new CAFOs shall be placed and shielded to direct the light source
down onto and inside the property lines of the CAFO.
I. Floodway: The external boundary of a CAFO shall not be less than one thousand
three hundred twenty feet (1,320') from any floodway as defined by the Minidoka
County flood damage prevention ordinance and accompanying map.
J. Water: No CAFO shall be located within an area that is a high water table area or
wetland area in regards to the water table level as determined by a soil survey
map from the natural resources conservation service (NRCS).
K. Proximity to Well: No barn, corral or other structure in which livestock are confined
in a CAFO, or any lagoon or other structure containing liquid waste generated
from a CAFO, or the outside edge of any composting yard for the waste
generated from a CAFO, shall be located nearer than four hundred feet (400’)
from any domestic well and one thousand feet (1000’) from any public water
system not located within the boundaries of the designated CAFO site.
L. Proximity to Residential Low or Agricultural Low: Any structure confining animals in
a Commercial CAFO or Industrial CAFO, whether barn, corral, or other
structure, must have external boundaries no less than five thousand two
hundred eighty feet (5,280’) from the external boundary of any land in Minidoka
County that is zoned Residential Low or Agricultural Low.
M. All barns, corrals or other structures in which livestock are confined in a CAFO, or
any lagoon or other structure containing liquid waste generated from a CAFO,
or any composting or manure stacking yard for the waste generated from a
CAFO, shall be located within the boundaries of the designated CAFO site.
8-12-3: CLASSIFICATION AND PERMITTED DENSITIES FOR CAFOS:
Classes of Confined Animal Feeding Operations are classified in the different levels
as established in this chapter and chapter 2 of this title. Confined Animal Feeding
Operations subject to the requirements of this chapter include all new operations or
expanding operations, which meet the definitions of Confined Animal Feeding
Operations as defined in this Title.
A. Industrial CAFO: A contiguous parcel of land upon which there is one or more confinement
areas, and upon which there are confined one thousand (1,000) or more livestock
animal units of large livestock or eighty-five thousand (85,000) or more head of fowl
and/or furbearers.
B. Commercial CAFO: A contiguous parcel of land upon which there is one or more livestock
confinement areas, and upon which there are confined more than two hundred (200),
but less than one thousand (1,000) livestock animal equivalent units of large livestock
or more than one thousand five hundred (1,500), but less than eighty-five thousand
(85,000) head of fowl and furbearers.
C. Domestic CAFO: A contiguous parcel of land upon which there is one or more livestock
confinement areas, and upon which there are confined at least twenty five (25), but no
more than two hundred (200), livestock animal equivalent units of large livestock;
and/or at least five hundred (500), but no more than one thousand five hundred head
of fowl and/or furbearers.
155
D. Zoning: Confined Animal Feeding Operations shall be permitted only as established in the
official schedule of zoning regulations – Land Uses.
8-12-4: DEFINITIONS: For the purpose of this chapter, certain terms, phases or words used herein
shall be defined. The definitions for this chapter are found in Chapter 2 of this Title.
8-12-5: LOCATION:
A. Proximity To Property Line: On parcels containing less than twenty (20) acres where
the numbers of livestock do not exceed the animal unit restrictions for the zone
in which they are located and where livestock are permitted, the barn, corral,
pen, coop, or hutch for the keeping of livestock shall not be located closer than
four hundred feet (400') from the nearest dwelling, church, school, or other
building used for human occupancy other than buildings owned by the owner of
the CAFO. Pastured animals may graze to the fence line. However, pastured
animals that are watered or supplemented with any feed shall not be watered or
fed in an area located closer than four hundred feet (400') from the property line.
156
8-12-5
B. Location Of Facilities: On any lot on which livestock are permitted, the location of
the facilities necessary to house, feed, or care for such animals shall comply
with all regulations in regards to setbacks contained in this title.
8-12-6: APPLICATION FOR NEW CAFO PERMIT: Owners of real property upon which a
new confined animal feeding operation will be established must file an application
for such CAFO with the office of the Zoning Administrator for Minidoka County,
Idaho, upon a form approved by the Minidoka County Planning and Zoning
Commission. The application for a new CAFO permit must be in writing and shall
contain the following information:
A. Personal Information: Complete names, addresses and telephone numbers of every
owner of real property within the proposed confined animal feeding operation. If
applicant is not the owner of real property within the proposed site of operation,
applicant shall also disclose complete names, addresses and telephone
numbers of all applicants, and shall furthermore state and clarify their interest(s)
in the proposal.
B. Legal Description: The complete legal description of the real property contained
within the confined animal feeding operation, including the number of acres for
each description and the geographic information system (GIS) data and global
positioning satellite (GPS) data in digital file format that meets County mapping
department’s requirements for each parcel.
C. Uses of Property: A statement of the current and historical uses of the real property
described in the application.
D. Zoning: The present zoning district designation of all real property within the
CAFO.
E. Description Of Operation: A narrative description describing the proposed CAFO,
including the species of animals that will be confined, the number of animals
that will be confined and a description of the structures and other facilities that
will be required to confine, feed and care for the animals and remove the solid
and liquid waste produced from the CAFO.
F. Boundary Map: A map showing the boundaries of the real property comprising the
confined animal feeding operation, including any real property within one mile
of any external boundary of the confined animal feeding operation. The map,
which must be drawn to a scale of not less than eight inches (8") to the mile,
must show the following:
1. Land Uses: Existing land uses;
2. Water Bodies: Existing ditches, canals, live streams or other bodies of water;
3. Wells: Wells (domestic or agricultural) within a one mile radius of any
proposed barn, corral, lagoon, other structure for containing liquid
waste, feed storage area or feed storage structure associated with the
proposed CAFO;
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8-12-6
4.Structures: The dimensions and locations of barns, corrals, lagoons, other
structures for containing liquid waste, compost yards, feed storage
areas, and feed storage structures on the proposed CAFO site;
5. Residences and Roads: The location of all residences, other buildings
intended for human occupancy, and all public roads on the CAFO site
and within a one mile radius of the CAFO boundaries;
6. Distances: The map must show the following distances expressed to the
nearest ten feet (10'):
a. External Boundaries To Residences: Distances from external boundary
lines of the confined animal feeding operation to residences or other buildings
intended for human occupancy outside the CAFO boundaries.
b. Lagoons: Distances from lagoons to external boundary lines of the
confined animal feeding operation area and to all residences or other
buildings intended for human occupancy shown on the map.
c. External Boundaries To Highways: Distances from external
boundary lines of the confined animal feeding operation to public
highways or floodways.
G. Topographical Map: A separate topographical map shall be submitted showing
elevation contours at intervals of not less than twenty feet (20'), or at such other
intervals as approved by the Zoning Administrator.
H. Waste Management: A narrative concerning the waste management aspect of the
CAFO site, including, but not limited to, the exact means and methods by which
the applicant proposes to dispose of liquid and solid waste generated from the
confined animal feeding operation. The narrative statement shall include a
description of the means and methods by which the applicant will ensure that
solid and liquid waste will not escape the boundaries of the confined animal
feeding operation, or enter the waters of the United States of America.
I. Water Rights: A writing from the Department of Water Resources of the State of
Idaho, including a profile of all water rights necessary for the operation of the
confined animal feeding operation or, if those rights have not yet been
granted, proof that an application for transfer or other suitable application has
been filed with the department of water resources which, if granted, would
allow sufficient water rights to permit a lawful operation of the new confined
animal feeding operation.
J. Siting Advisory Team Report: Written comment on, and the approval from, the
State of Idaho Siting Advisory team. The applicant will bear the responsibility
for any fees or costs incurred that are not part of the application fee. Fees
associated with any site advisory team are not part of the initial CAFO permit
application.
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8-12-6
K. Statement Of Compliance: A notarized statement that the applicant will, as a
condition of permit approval, construct and operate the confined animal feeding
operation and nutrient management plan acres in keeping with the lawful
directives of the state of Idaho Department of Agriculture or State of Idaho
Department of Environmental Quality with respect to location and construction
of lagoons, the application of liquid and solid waste from the CAFO and other
matters within the jurisdiction of the Department of Agriculture or DEQ.
L. Comment Letters: Applicant shall supply proof that letters have been requested from
the highway districts having jurisdiction over public roads shown within or
immediately adjacent to the CAFO site as designated on the previously
described map and from any canal company owning ditches or canals that are
within or immediately adjacent to the CAFO site as designated on the previously
described map, fire districts, as well as any utility company or other easement
holders of record pertaining to land within or abutting the designated CAFO site.
Response letters from highway districts, canal companies, utility companies or
other easement holders should recommend conditions that the Commission
should consider imposing as conditions of approval, or provide written
comments otherwise relative to the proposal.
M. Lighting: The map accompanying the application must show the location of all corral
or yard lights, and the application shall otherwise demonstrate that the lights
have been designed to reflect downward and onto the CAFO to prevent escape
of light and glare outside the boundaries of the CAFO area.
N. Demonstration Of Setback Compliance: Compliance with all setback rules under
this chapter must be demonstrated.
O. Neighboring Property Owners: A list of names and addresses of all property owners
owning real property located within one mile of the external boundaries of the
CAFO.
P. County Weed Plan: A plan developed in conjunction with the Minidoka County
Weed Department setting forth suitable methods, managements and
practices for controlling weeds on and involved with the proposed
development herein. Weeds shall be defined by state of Idaho noxious weed
statutes, laws and regulations.
Q. Fee: A nonrefundable fee, in an amount set by the county, must be included with
any application for a new CAFO.
R. Until all items listed herein are submitted to the satisfaction of the zoning
Administrator, any application made with the zoning department is deemed
only to be lodged, but not to be filed. Applications shall be considered and
determined based upon the regulations existing as of the date of filing of the
application, unless otherwise provided for by action of the Board of County
Commissioners.
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8-12-7
8-12-7: OTHER AGENCIES OF GOVERNMENT: It is recognized that CAFOs governed by
this chapter are subject to the scrutiny and regulation of other governmental
agencies including, but not limited to, the Department of Agriculture for the State of
Idaho, the Department of Environmental Quality for the State of Idaho, Environmental
Protection Agency of the United States of America, and the Idaho State Department
of Water Resources. In order to commence operation, the owners or operators of a
new CAFO must comply with the laws, rules and regulations administered by those
other agencies and remain in compliance therewith. It is not the intention of this
chapter to impose a redundant set of regulations on CAFOs, but rather, it is intended
that new CAFO owners demonstrate an ability to comply with those laws, rules and
regulations as a condition of the issuance of a permit under this chapter.
8-12-8: APPLICATION REFERRAL TO COMMISSION, HEARING PROCESS, AND
DECISION PROCESS: The Zoning Administrator shall review every application
submitted under this chapter. If the Administrator determines that the application
is complete the Administrator shall refer the application to the Planning and
Zoning Commission for a hearing on the CAFO application.
A. Hearing:
1 . Prior to the hearing of a new CAFO application:
i. A written notice shall be published by the Zoning Administrator at least 30 days prior to
the date of hearing; and
ii. Notice shall be posted on the premises by the applicant not less than one (1) week
prior to hearing; and
iii. Written notice shall also be sent at least 20 days prior to the date of hearing by the
Zoning Administrator by U.S. Mail, First Class Postage Prepaid, to every person listed by
the applicable county tax assessor as owning real property located within one mile of any
external boundary of the CAFO described in the application notifying such persons and
the public that:
a. Submittal: A new application for confined animal feeding operation permit
has been received;
b. Date: The date upon which the application was received by the county;
c. Name And Address: The names and addresses of all of the applicants;
d. Legal Description: The exact legal description of the real property
comprising the proposed CAFO;
e. Nature of Operation: The nature of the proposed confined animal feeding
operation: and
f. Animal Units: The number of animal units that will be confined thereon.
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8-12-8
2. The notice shall further state that a public hearing will be held
prior to the issuance of the permit and give the date, time and place
of such hearing. The Zoning Administrator shall prepare and file at least
two (2) days prior to the hearing, an affidavit of publication, posting and
mailing indicating that the notice given is in compliance.
B. Support Or Objection: All persons to whom notice is mailed shall be advised in
that notice that they and others who can establish that their substantial
rights would be affected by the approval or denial of the permit may file
written objections or supporting statements with the planning and zoning
commission secretary no later than ten (10) days prior to the hearing
setting forth in that writing that person's support or objection to the
issuance of the new CAFO permit.
1. Written objections shall set forth each requirement of law (local, state or
federal) which the objecting party believes the CAFO permit would
violate.
2. Written statements shall also set forth either that the party making the
statement owns property within one (1) mile of the external boundaries
of the CAFO site described in the application and/or otherwise setting
forth the substantial rights that would be affected by the approval or
denial of the permit.
3. Additionally, any party desiring to file any document(s) shall file such
document(s) at least ten (10) days prior to the hearing, with the
Planning and Zoning Commission secretary.
C. Testimony At Hearing: Any person who files a statement in support or
objection to the issuance of a new CAFO permit may be allowed to testify
at the public hearing. In the written statement, the person making the
statement shall indicate whether or not such person desires to testify at
the hearing.
1. Prior to the hearing the Planning and Zoning Commission shall
determine which of those persons who desire to testify will be permitted
to testify at the hearing. In this regard, Idaho Code Section 67-6529 will
be utilized as a guideline, in providing that
“only members of the public with their primary residence within one (1)
mile radius of the proposed site may provide comment at the hearing.
However, this distance may be increased by the. . .” Commission.
2. All statements of support or objections shall be made a part of the
record at the hearing, but no person except the applicant shall be
permitted to testify at the hearing unless they have previously filed a
written statement of support for or objection to the issuance of the
permit.
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8-12-8
3. A transcribable record of the hearing and the deliberation of the
Commission toward a decision shall be kept for a period of time not less
than six (6) months, nor shall they be required to be kept for a period of
time not to exceed twelve (12) months, after the Planning and Zoning
Commission’s final decision on the matter.
4. Upon written request and within the time period provided for retention of
the record, any person may have the record transcribed at his expense.
D. Rules of Procedure: The Planning and Zoning Commission may adopt rules of
procedure not inconsistent with the provisions of this title or state law for
the conduct of its business and procedures for hearings.
E. Decision: After the hearing, the Planning and Zoning Commission shall
approve, disapprove, or approve with conditions the application by written
decision. If the application is approved or approved with conditions a
permit shall be issued for the CAFO with such conditions as the
commission determines.
F. State Approval before commencement of operations: If the CAFO is
approved, then the Owner or Operator shall submit a letter from the state
of Idaho department of agriculture approving the design of the waste
management system under grade A sanitation requirements in the case
of a new dairy wishing to produce grade A milk, and a letter approving the
nutrient management plan, in the case of all CAFOs.
8-12-9: PERMIT DEVELOPMENT: Any permit obtained under this chapter shall be valid
for a period of three (3) years from final written decision of the board. Any permit
that was presented as being phased over a longer period of time shall be
considered commenced when construction has started for the first phase of the
project. Any permit obtained under this chapter must be occupied by the operator
within four (4) years of issuance by the board.
8-12-10: RIGHT TO OCCUPY AND COMMENCE OPERATION: Any person to whom a
new CAFO permit is issued shall not commence operations on the new CAFO or
allow animals to occupy the new CAFO without first having submitted written
proof to the satisfaction of the Zoning Administratorfor Minidoka County, Idaho,
that the CAFO has been constructed in conformance with the application and
that the agencies deemed relevant to the new CAFO application by the
Administrator which may include, but not be limited to the Department of
Agriculture, the State of Idaho Department of Environmental Quality, the
Department of Water Resources for the State of Idaho, and the United States of
America Environmental Protection Agency have inspected the completed facility
and approved it ready for the commencement of use.
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8-12-11
8-12-11: TRANSFERABILITY AND DISCONTINUANCE:
A. The ownership of a CAFO permit may be transferred to a new owner of the
CAFO by application to the Zoning Administrator stating that the new
owner will assume all duties and responsibilities of the previous owner
under the existing CAFO permit and any agreements then in force with
respect to that permit.
B. The holder of an existing or new CAFO permit who, once having begun
operations, discontinues its operations for a period not in excess of ten
(10) years may reestablish such use without obtaining a new permit, as
provided by Idaho Code 67-6538.
C. The holder of a CAFO permit that fails to install improvements with which to
commence operations for a period in excess of three (3) years from the
date the permit is authorized by the Commission shall be required to
qualify for and obtain a permit as a new CAFO prior to commencement of
operations.
8-12-12: EXPANSION and/or MODIFICATION OF WASTE MANAGEMENT SYSTEM:
Any holder of a CAFO permit issued in and by Minidoka County may file an
application with the Planning and Zoning Commission for an amendment to the
permit to allow for a new or modified waste management system component of
the CAFO permit. Such application must meet the requirements of section 8-12-6
of this chapter and must show all required approvals required by this chapter for
the new or modified waste management system. The Planning and Zoning
Commission may issue an amended permit upon receiving satisfactory evidence
of the applicant's compliance with the provisions of this chapter.
8-12-13: ANIMAL REPORTING REQUIREMENTS / RANDOM INSPECTIONS: Once
approved and under operation, the Owner or Operator shall submit an annual
report to the Minidoka County Administrative Office describing the quantities and
types of animals confined on the facility, the number of acres required under its
currently approved nutrient management plan, including designation of owned
acreage and export acreage, including legal descriptions and the global
positioning satellite (GPS) data in format suitable to the County mapping
department for each parcel not previously reported. This report shall be filed by
December 31st of each year. Additionally, the Owner or Operator shall allow any
authorized County officer or employee to enter on to its facility for purposes of
ensuring compliance with county regulations which are applicable to the
operation and for purposes of ensuring the operation does not exceed the
permitted number and type of animal units.
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8-12-14
8-12-14: COUNTY OFFICER OR EMPLOYEE ENTRY AUTHORIZED: It shall be
unlawful and a misdemeanor to interfere with, hinder or refuse to allow any
authorized County officer or employee to enter upon private or public property to
enforce the provisions of this Chapter.
8-12-15: EXISTING OPERATIONS:
1. Prior Use Permit: Owners of CAFOs which were in existence prior to
February 12, 1992, were required to obtain a "prior use CAFO permit” to
qualify for the enhanced "prior use” or "grandfather” rights extended
under section 8-12-18 of this chapter. Those existing CAFOs, to obtain
a “prior use CAFO permit", were required to submit applications that
contained the following:
a. Description Of Operation: A full description of the operation and
facilities including location and maximum capacity of the facilities
and the numbers and type of livestock located on the parcel at
the time of application.
b. Site Plan: The application was to accompanied by an owner drawn or
owner submitted site plan of the facilities and structures located on the
CAFO.
2. Approval: A "prior use CAFO permit or update” was thereafter issued by
the Zoning Administrator upon receipt of a complete application and the
fee. Prior use CAFO permits were only issued for applications filed by
January 1, 2000. After such date no further prior use permits or updates
were issued.
3. Transferability: A "prior use CAFO permit" may be transferred to a new
owner of the CAFO by application to the Zoning Administrator stating that
the new owner will assume all duties and responsibilities of the previous
owner under the existing CAFO permit and any agreements then in force
with respect to that permit.
8-12-16: ENHANCED “GRANDFATHER” RIGHTS FOR HOLDERS OF PRIOR USE
CAFO PERMITS:
1. Enhanced "Grandfather" Rights: Notwithstanding the provisions of
chapter 3 of this title regarding nonconforming uses, the holder of a prior
use CAFO permit shall be entitled to expand or increase the size of the
CAFO operation as follows:
164
a. A nonconforming Confined Animal Feeding Operation may be changed
to a conforming use by meeting the requirements of this chapter.
b. A nonconforming Confined Animal Feeding Operation may make
improvements; provided that the number of animal units does not
increase.
c. Any improvements made to a nonconforming Confined Animal Feeding
Operation shall not increase in any manner a non-complying
existing condition of the operation.
d. A nonconforming Confined Animal Feeding Operation shall lose its
nonconforming or grandfather use rights if the operation ceases for
more than three (3) years.
2. Holders of Prior Use CAFO Permits: Holders of prior use CAFO permits
who desire to expand their operations under this section shall file an
application for expansion of prior use CAFO permit with the office of the
Zoning Administrator which outlines the nature and size of the
expansion. Such applicants shall not be required to meet the standards
for new CAFOs, except they shall be required to demonstrate
compliance with county livestock density regulations and overall size of
operations regulations, as well as all state and federal regulations
applicable to their operation.
3. Review of Prior Use CAFO Permit: Upon receipt of an application to expand
a prior use CAFO permit the Zoning Administrator shall review the same
for completeness and compliance with the limitations of this chapter
and submit the application to the Planning and Zoning Commission for
review and approval.
8-12-17: DISCONTINUANCE OF USE: The holder of a "prior use" CAFO permit who
discontinues its operations for a period not in excess of ten (10) years may
reestablish such use without obtaining a new permit. Prior use CAFO uses that
are discontinued for a period in excess of ten (10) years shall be required to
obtain a permit as a new CAFO to reestablish operations.
8-12-18: APPEALS: An applicant, any person who receives a mailed notice of an
application for issuance of a CAFO permit under this chapter, or any person
whose substantial rights are affected by the issuance or denial of a CAFO permit
may appeal the decision of the Planning and Zoning Commission by filing a notice
of appeal stating the basis for such appeal together with a specification of the
provisions of the law the decision is deemed to violate within fourteen (14) days
of the date of the signing of the Planning and Zoning Commission decision,
and paying a fee set by the county. Appeals shall be filed and heard in
conformance with subsection 8-3-10 of this title.
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Title 8 CHAPTER 12 SECTION 19
ENCLOSED AND TOTALLY CONFINED POULTRY CAFO OPERATIONS
SECTION:
8-12-19-1: Applicability
8-12-19-2: Procedure
8-12-19-3: Definitions
8-12-19-4: Zones Allowed
8-12-19-5: Development Density
8-12-19-6: Setbacks
8-12-19-7: Application Requirements for New Poultry CAFO Permit
8-12-19-8: Permit Hearing Process
8-12-19-9: Right to Occupy and Commence Operation
8-12-19-10: Transferability and Discontinuance
8-12-19-11: Permit Development
8-12-19-12: Reporting Requirements/Random Inspections
8-12-19-13: County Officer or Employee Authorized Entry
8-12-19-14: Appeals
8-12-19-1: APPLICABILITY:
A.
The regulations established in this chapter shall apply to all new poultry confined
animal feeding operations (P-CAFO), the operation's facilities and to conversions and
expansions of existing poultry CAFOs and facilities that constitute a totally confined
system and dry manure system. The Zoning Administrator shall interpret this ordinance
and any applications made pursuant thereto to ensure that said applications or permits
issued thereafter under this Chapter are in accordance with the terms and provisions
hereunder set forth.
B.
These regulations shall not apply to any Unconfined or Semi-confined poultry
CAFO or facility. Any poultry CAFO or facility not covered by this ordinance shall meet
the requirements of Minidoka County Code, Title 8, Chapter 12.
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8-12-19-2
8-12-19-3
8-12-9-2: PROCEDURE:
A. All newly proposed poultry CAFOs, and all conversions and expansions of existing
poultry CAFOs shall be required to obtain a poultry CAFO permit as is hereinafter set forth in
this Chapter 12, Title 8, Minidoka County Code.
B. All newly proposed poultry CAFOs, and all conversions and expansions of existing
poultry CAFOS which exceeds capacity to house 50,000 poultry shall also be required to
obtain a special use permit under Chapter 3B of Title 8, Minidoka County Code before
commencing any building or operations as a poultry CAFO.
8-12-19-3: DEFINITIONS:
A. Dry Litter Operation — any poultry facility that doesn't use water or waste water to
harvest or transport manure from poultry housing.
B. Environmentally Controlled - poultry housing that has solid sides and end walls with
all openings sealed except for fan exits and ventilation intakes, allowing no access to
outside open pens. The housing is climate controlled for temperature and moisture.
C. Hatchery — A commercial establishment dedicated to the hatching of poultry eggs to
provide day old chicks to the poultry industry.
D. Large Poultry CAFO — A poultry facility where more than 1,500 birds can be housed.
The birds are housed at a single physical site and may include multiple buildings.
E. Poultry Cafo Classifications;
(i) Domestic Poultry CAFO – at least five hundred (500) but no more than one
thousand five hundred (1,500) head of fowl.
(ii) Commercial Poultry CAFO – more than one thousand five hundred (1,500) but
less than eighty-five thousand (85,000) head of fowl.
(iii) Industrial Poultry CAFO – more than eighty-five thousand (85,000) but less than
four million two hundred thousand (4,200,000) fowl.
F. Liquid Waste Operation — any poultry facility that uses water or waste water to
harvest or transport manure from poultry housing to a storage structure.
G. Poultry - domesticated male or female chickens that are housed for the
production of meat or eggs, and includes Commercial Layers, Layer Breeder,
Broiler, Broiler Breeder and Pullets.
H. Poultry CAFO Boundary — A legally described parcel or parcels of land
containing a Poultry CAFO to be used for establishing setbacks between new and
existing facilities.
I.
Poultry Facility — Includes all coops, barns, pens, manure storage areas, and dead
poultry disposal areas used in conjunction with poultry production and which are on
the same site as the poultry operation. Adjacent sites under common ownership are
considered the same facility for purposes of this definition.
J. Production Area — the area expressed in square feet of poultry housing used in the
raising of poultry not including mechanical, worker or office space.
K. Totally Confined — a "Totally Confined" poultry facility refers to any poultry
facility where all birds are housed within enclosed structures and where no
open
pens are utilized, and where any activity associated with poultry raising
or
waste
management from poultry raising activity is handled within a totally enclosed
and
confined structure.
L. Unconfined — an "Unconfined" poultry facility includes any poultry CAFO
or
facility where any birds are raised in open pens with or without
shades and are
subject to the elements, and also where any function associated with poultry
raising or waste management from poultry raising
activity is not handled in an
enclosed facility.
8-12-19-4: ZONES ALLOWED:
A. Large Poultry CAFOs may be sited in the prime agricultural and multiple use zones, as
long as appropriate permits therefore are granted by the County.
B. Large Poultry CAFOs will not be permitted nor sited in any zone other than as listed in 86-2 provisions of this Title.
C. Hatcheries will not be permitted nor sited in any zone other than as listed in 8-6-2
provisions of this Title.
8-12-19-5: DEVELOPMENT DENSITY:
Based upon information presented to the County by industry experts, and in an effort to avoid
existing density requirements related to nutrient management planning, the county will
permit based on the following criteria:
A.
A Large Poultry CAFO must own 4 sq feet of contiguous land for every 1 sq foot of
production area, which land shall be designated to the particular P-CAFO and may not be
used to satisfy any other density requirements of Minidoka County in siting any animal
feeding operation. Any reduction in land size for the Poultry CAFO shall automatically
require the Poultry CAFO to reduce numbers of birds to stay in balance.
B.
A Large Poultry CAFO may not exceed maximum size of four million two hundred
thousand (4, 200,000) birds at any one time.
8-12-19-6: SETBACKS:
A.
The following minimum setbacks are applicable to all poultry operations under
this Chapter. These minimum setbacks may be increased by action of the Planning and Zoning
Commission, if in the determination of the Commission, additional setback is needed to provide
for the protection of health, safety or general welfare of the County.
(1)
400 feet from poultry housing or any Poultry CAFO structure to any dwelling,
church, school or other building designed for human occupancy not located on the
designated CAFO site. 100 foot setback from property line(s) and public right of way(s) to all
poultry facility buildings and storage areas.
(2)
Poultry facility improvements and storage areas under this Chapter shall only be built
within Flood Zone "C" or those areas designated by "D" as established by the most current
version of the Flood Insurance Rate Map produced by the Federal Emergency Management
Agency (FEMA).
(3)
400 foot setback from poultry facility buildings and storage areas to any water wells
documented by Idaho Department of Water Resources, or any other wells known to the
applicant or its agents, which are located on the designated poultry CAFO site.
(4)
All lighting shall be placed and shielded to direct the light source down onto and inside
the property lines of the designated poultry CAFO site.
(5)
All facilities and storage areas for confining poultry and / or poultry waste shall be
located within the boundaries of the designated poultry CAFO site.
(6)
The external boundaries of any large poultry CAFO must be at least five thousand two
hundred eighty feet (5,280') from the external boundary of any property in Minidoka County
that is zoned as Agricultural Low, Residential or City Impact/Buffer zone.
(7)
The external boundary of any large poultry CAFO structure under this Chapter must
be located at least one thousand three hundred twenty feet (1,320') from any existing legally
platted subdivision or planned unit development with visible improvements such as a
highway district or county approved and accepted road.
(8)
A Large Poultry CAFO must maintain a minimum bio-security distance between Large
Poultry CAFOs to protect existing operations from the impacts of new operations. This will be
accomplished by each poultry CAFO of 50,000 birds or less having a one (1) mile buffer
extending from its external boundaries; any poultry CAFO in excess of 50,000 birds shall have
and provide a two (2) mile buffer extending from its external boundaries. No proposed Large
Poultry CAFO can be sited within an existing bio-security buffer area. No proposed bio-security
buffer may intersect an existing bio-security buffer area.
(9)
All poultry CAFO facilities shall have environmentally controlled barns for all poultry
housing.
(10) All transport of litter to, from and between any poultry CAFO facility which is permitted
hereunder shall be fully covered during transportation and holding.
(11) Any land applied litter of a large Poultry CAFO that is permitted hereunder shall not be
applied in the bio-security area of another poultry CAFO facility.
B.
Additional setbacks and requirements for new poultry CAFOs or expanding
poultry CAFOs which exceed a capacity to house 50,000 poultry. These additional setbacks
are:
(1)
Poultry CAFOs under this subsection shall not propose a litter disposal system that
relies on land application of raw untreated litter or application of composted poultry CAFO
waste to land.
(2)
Poultry CAFOs under this subsection shall have a litter disposal system that is fully
enclosed and treats or manufactures the litter into a useable commercial product which may
include, but not necessarily be limited to energy or fertilizer pellets.
(i) The treatment, processing, or manufacturing may be done on site or off site;
(ii) Treatment, processing or manufacturing may be done by the poultry CAFO permit
holder or by contract through and with a third party;
(iii) Third party contracts hereunder must contain the conditions imposed by the
Planning and Zoning Commission and be approved by the County Prosecuting
Attorney;
(iv) Any entity providing storage, treatment, processing and/or manufacturing related
hereto, that is located in Minidoka County must have applied for and have been granted
a conditional use permit under Title 8, Chapter 3, Minidoka County Code before
commencing any such operation.
8-12-19-7: APPLICATION REQUIREMENTS FOR NEW POULTRY
CAFO PERMIT:
Owners of real property upon which a new poultry CAFO will be established must file an
application for such poultry CAFO with the office of the zoning administration for Minidoka
County, Idaho. The application for a new poultry CAFO must be in writing and shall contain
the following information:
A.
Personal Information: Complete names, addresses and telephone numbers of every
owner of real property within the proposed confined animal feeding operation. If applicant is
not the owner of real property within the proposed site of operation, applicant shall also
disclose complete names, addresses and telephone numbers of all applicants, and shall
furthermore state and clarify their interest(s) in the proposal.
B.
Legal Description: The complete legal description of the real property contained
within the confined animal feeding operation, including the number of acres for each
description and the geographic information system (GIS) data and global positioning
satellite (GPS) data in digital file format that meets County mapping department's
requirements for each parcel.
C.
Use and Zoning — The present zoning district designation and a description of the
current and historical uses of the proposed CAFO site shall be stated.
D.
Site Map — a map showing the boundaries of the poultry CAFO site and all
improvements and storage areas on the poultry CAFO. The map must be drawn to a standard
scale of at least 1"=100 ft or as approved by the Zoning Administrator. The map must show
the following:
(1)
Water Bodies: existing ditches, canals, live streams or other bodies of water.
(2)
Wells: All wells located within the site as documented by Idaho Department of Water
Resources (IDWR), or any other wells known to the applicant or its agents.
(3)
Structures: the dimensions and locations of barns and waste storage areas.
(4)
Lighting — the location of any light towers located on the site.
(5)
Residences and Roads: the location of all buildings intended for human occupancy
and roads on the poultry CAFO site.
(6)
Distances: the map must show the following distances expressed to the
Nearest 10 feet:
(i).
Shortest distance from property line and public right of way to facility barns
and waste storage areas.
(ii).
(7)
A note specifying the square footage of actual production space for the site.
Flood zones or designated areas as established by the most current version of the
Flood Insurance Rate Map produced by the Federal Emergency Management Agency
(FEMA).
E. Vicinity Map — a map showing the boundaries of the poultry CAFO site and the surrounding
property within 2 (2) miles of the poultry CAFO site. The map must be drawn to scale of not
less than 8 inches to the mile (8"=1 Mile, or 1"=660 ft) and must show the following:
(1)
Water Bodies: existing ditches, canals, live streams or other bodies
(2)
Wells: All wells located within the two (2) miles radius as documented by Idaho
Department of Water Resources (IDWR), or any other wells known to the applicant
or its agents.
(3)
Residences and Roads: the approximate location of all buildings intended for human
occupancy and roads within two (2) miles of the poultry CAFO site.
(4)
Distances: the map must show the following distances expressed to the nearest 10
feet:
(i).
Shortest distance from the external poultry CAFO boundary to a dwelling,
church, school or other building designed for human occupancy not located on the
designated poultry CAFO site.
(ii).
Shortest distance from any manure storage area to a dwelling, church, school
or other building designed for human occupancy not located on the designated
poultry CAFO site.
(iii). Shortest distance from the external boundaries of the poultry CAFO to Flood
Zones A or B, as designated by FEMA on the Flood Rate Insurance Map. If this
distance exceeds 5,280', affixing a note to that effect on the map will be sufficient
showing.
F. Topographical Map — A separate topographical map shall be submitted
showing elevation contours for the poultry CAFO site.
G. Waste management — A narrative description of the waste management system which
includes the proposed means the facility will employ to dispose of all waste including, litter
and dead animals. The narrative shall include a description of the means and methods by
which the applicant will ensure that waste will not escape the boundaries of the poultry CAFO
or enter the waters of the US. This description shall include a copy of the facility's approved
nutrient management plan (NMP). The acres required for the waste management system, as
determined by the NMP shall be identified and described as set forth in Minidoka County Code
8-13-7B. Such identified acres shall not be used for density or NMP purposes for any other
poultry CAFO.
H. Third party contracts for waste disposal shall be allowed subject to the approval of the
Minidoka County Prosecuting Attorney for facilities that are not included within, or governed
by section 8-12-9-6B. All such third party contracts must remain in effect during the term of
the poultry CAFO permit; however third party contracts may be substituted during the term of
the permit so long as they meet any applicable governmental regulations for waste disposal.
The applicant shall also include the geographic information system (GIS) data and global
positioning satellite (GPS) data in digital file format that meets County mapping department's
requirements to identify the land in each third party contract. Once land is contracted
hereunder, it cannot be contracted at the same time for any other operational density
requirement or approved nutrient management plan requirement for any other facility or use
in Minidoka County. If contracted land is withdrawn and the same amount of substitute land
is not contracted in its place, then the permit holder shall permanently reduce the number of
birds that can be housed at the poultry CAFO to meet density requirements herein set out.
I. Neighboring property owners — a list of names and addresses of all property owners owning
real property located within one mile of the external boundaries of the poultry CAFO.
J. A writing from the department of water resources of the state of Idaho, including a profile of
all water rights necessary for the operation of the confined animal feeding operation or, if those
rights have not yet been granted, proof that an application for transfer or other suitable
application has been filed with the department of water resources which, if granted, would allow
sufficient water rights to permit a lawful operation of the new confined animal feeding operation.
K. Fee: A nonrefundable fee, in an amount set by the county must be included with any
application for a new poultry CAFO.
L. Until all items listed herein are submitted to the satisfaction of the Zoning
Administrator, any application made with the zoning department is deemed only to be
lodged, but not to be filed. Applications shall be considered and determined based
upon the regulations existing as of the date of filing of the application, unless
otherwise provided for by action of the Board of County Commissioners.
8-12-19-8: PERMIT HEARING PROCESS:
The Zoning Administrator shall review every poultry CAFO and SUP application
submitted under this chapter. If the Administrator determines that the applications are
complete the Administrator shall refer the applications to the Planning and Zoning
Commission for a hearing on the poultry CAFO and SUP applications. Special use
permits shall be reviewed, referred, noticed and heard in accordance with provisions
of Chapter 3, Title 8, and shall be heard in conjunction with poultry CAFO permits
hereunder.
A.
Hearing:
(1).
Prior to the hearing of a new poultry CAFO permit:
(i).
Hearing and notice procedures shall be in accordance with Section 8-3-9 and
Idaho Code Section 67-6529
(2).
The notice shall further state that a public hearing will be held prior to the issuance of
the permit and give the date, time and place of such hearing. The applicant shall prepare and
file, with the planning and zoning secretary, at least two (2) days prior to the hearing, an
affidavit of publication, posting and mailing indicating that the notice given is in compliance
with subsections A and B of this section.
B.
Support Or Objection: All persons to whom notice is mailed shall be advised in that
notice that they and others who can establish that their substantial rights would be affected
by the approval or denial of the permit may file written objections or supporting statements
with the Planning and Zoning Commission secretary no later than ten (10) days prior to the
hearing setting forth in that writing that person's support or objection to the issuance of the
new poultry CAFO permit.
(1).
Written objections shall set forth each requirement of law (local, state or federal) which
the objecting party believes the poultry CAFO permit would violate.
(2).
Written statements shall also set forth either that the party making the statement owns
property within one (1) mile of the external boundaries of the poultry CAFO site described in
the application and/or otherwise setting forth the substantial rights that would be affected by
the approval or denial of the permit.
(3).
Additionally, any party desiring to file any document(s) exceeding one (1) one-sided, 8
"1/2" x 11" sized page, shall file such document(s) at least ten (10) days prior to the hearing,
with the Planning and Zoning Commission secretary. The Planning and Zoning Commission
reserves the right to reject any proffered documentation that violates the intent of this
regulation.
C.
Testimony At Hearing: Any person who files a statement in support or objection to the
issuance of a new poultry CAFO permit shall indicate in such statement whether or not such
person desires to testify at the hearing.
(1).
Prior to the hearing the Planning and Zoning Commission shall determine which of
those persons who desire to testify will be permitted to testify at the hearing.
(2).
All statements of support or objections shall be made a part of the record at the hearing,
but no person except the applicant shall be permitted to testify at the hearing unless they have
previously filed a written statement of support for or objection to the issuance of the permit.
(3).
A transcribable record of the hearing and the deliberation of the Commission toward
a decision shall be kept for a period of time not less than six (6) months, nor shall they be
required to be kept for a period of time not to exceed twelve (12) months, after the Planning
and Zoning Commission's final decision on the matter.
(4).
Upon written request and within the time period provided for retention of the record,
any person may have the record transcribed at his expense.
D.
Rules of Procedure: The Planning and Zoning Commission may adopt rules of
procedure not inconsistent with the provisions of this title or state law for the conduct of
its business and procedures for hearings.
E.
Decision: After the hearing the Planning and Zoning Commission shall approve,
disapprove, or approve with conditions the application by written decision. If the application is
approved or approved with conditions a permit shall be issued for the poultry CAFO with such
conditions as the commission determines.
8-12-19-9: RIGHT TO OCCUPY AND COMMENCE OPERATION:
Any person to whom a new poultry CAFO permit is issued shall not commence
operations on the new poultry CAFO or allow poultry to occupy the new poultry CAFO
without first having submitted written proof to the Zoning Administrator for Minidoka
County, Idaho that the poultry CAFO has:
A. been constructed in conformance with the application and
B. that the agencies deemed relevant to the new poultry CAFO application by the
Administrator have inspected the completed facility and approved it ready for the
commencement of use and
C. the facility has in place a valid water right(s) to permit the lawful
operation of the facility.
8-12-19-10: TRANSFERABILITY AND DISCONTINUANCE:
The ownership of a poultry CAFO permit may be transferred to a new owner of the
poultry CAFO by application to the Zoning Administrator stating that the new owner will
assume all duties and responsibilities of the previous owner under the existing poultry
CAFO permit and any agreements then in force with respect to that permit. The holder
of an existing or new poultry CAFO permit who discontinues its operations for a period
not in excess of ten (10) years may reestablish such use without obtaining a new permit
as provided by Idaho Code 67-6538.
8-12-19-11: PERMIT DEVELOPMENT:
Any permit obtained under this chapter shall be valid for a period of 3 years from final
written decision of the board. Any permit that was presented as being phased over a
longer period of time shall be considered commenced when construction has started for
the first phase of the project. Any permit obtained under this chapter must be occupied
by the operator within 4 years of issuance by the board.
8-12-19-12: REPORTING REQUIREMENTS / RANDOM INSPECTIONS:
A.
Once approved and under operation, the Owner or Operator shall submit an
annual report to the Minidoka County Administrative Office describing the quantities and
types of poultry confined on the facility, the number of acres required under its currently
approved nutrient management plan, including designation of owned acreage and
export acreage, including legal descriptions and the global positioning satellite
(GPS)data in format suitable to the County mapping department for each parcel not
previously reported. This annual report shall also verify that any third party contracts
for export concerning waste management under this Chapter remain in force; or
alternatively, shall detail any amendments, alterations or cancellations of such
contracts. This report shall be filed by June 1st of each year.
B.
Additionally, the Owner or Operator shall allow any authorized County officer or
employee to enter on to its facility for purposes of ensuring compliance with county regulations
which are applicable to the operation. Any County officer or employee acting hereunder shall
follow the Bio Security Plan as established by the Facility and as approved and accepted by the
County Zoning Administrator. If there is no mutually agreed upon Bio Security Plan, the County
representative may enter the property immediately to ensure compliance with public health and
welfare issues.
8-12-19-13: COUNTY OFFICER OR EMPLOYEE AUTHORIZED ENTRY:
It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any
authorized County officer or employee to enter upon private or public property to enforce the
provisions of this Chapter, or to enforce any other provision arising hereunder .
8-12-19-14: APPEALS:
An applicant, any person who receives a mailed notice of an application for issuance of a poultry
CAFO permit under this chapter, or any person whose substantial rights are affected by the
issuance or denial of a poultry CAFO permit may appeal the decision of the Planning and Zoning
Commission by filing a notice of appeal stating the basis for such appeal together with a
specification of the provisions of the law the decision is deemed to violate. Appeals shall be filed
and heard in conformance with subsection 8-3-10 of this title.
CHAPTER 13
TELECOMMUNICATIONS TOWERS, ANTENNAS AND RELATED FACILITIES
SECTION:
8-13--1:
8-13--2:
8-13--3:
8-13--4:
8-13--5:
8-13--6:
8-13--7:
8-13--8:
8-13--9:
8-13-10:
8-13-11:
8-13-12:
Scope and Applicability
Definitions
Exemptions
Permits Required
Permitted and Prohibited Locations
Special Use Permit
Annual Information Report
Removal and Security for Removal
Preexisting Telecommunications Towers
Structural Design and Environmental Standards
Separation and Setback Requirements
Enforcement
8-13-1: SCOPE AND APPLICABILITY:
A. General: The purpose of this chapter is to provide a set of
standards for the development and installation of telecommunications
towers, antennas and related facilities. The regulations contained
herein are designed to protect and promote public health, safety and
the community welfare of Minidoka County and to encourage managed
development of telecommunications infrastructure, while not unduly
restricting the development of needed telecommunications facilities.
B. Scope and Applicability:
1. The county shall apply these regulations to accomplish the
following:
a. Minimize adverse visual effects of telecommunications towers,
antennas and related facilities through design and siting standards.
b. 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.
c. Provide a process for obtaining necessary permits for
telecommunications facilities while at the same time protecting the
interests of the Minidoka County citizens.
d. Protect environmentally sensitive areas of Minidoka County by
regulating the location, design and operation of telecommunications
facilities.
e. 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 locate more
than one provider.
2. 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. (Ord. 02-04, 8-26-2002)
8-13-2: DEFINITIONS:
For the purpose of this title definitions of certain words, terms or
phrases used herein shall be found in chapter 2 of this title):
8-13-3: EXEMPTIONS:
The following shall be permitted without county review and approvals:
A. The use of all television antennas, satellite dishes and receive
only antennas; provided, that the primary use of the property is not
a telecommunications facility and that the antenna 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 are
owned and/or operated by a federally licensed amateur radio operator,
or is used exclusively for receive only antennas.
C. Mobile services providing public information coverage of news
events of a temporary or emergency nature.
D. Freestanding (ground mounted antenna) antennas (not supported on
or attached to a building) and their supporting towers, poles or
masts and their equipment buildings one hundred twenty (120) square
feet or less in size may be installed without a zoning permit when
the overall height of the antennas and their supporting structures do
not exceed a height of twenty feet (20') above the original grade at
the site of the installation.
E. Antennas installed on, or attached to, any existing building
(building mounted antenna), an existing telecommunications tower, or
alternative support structure and their equipment buildings one
hundred twenty (120) square feet or less in size, when the height of
the antenna and its supporting tower, pole or mast is twenty feet
(20') or less above the highest part of the building or alternative
support structure to which it is attached. Antennas, installed on, or
attached to, any existing building, existing telecommunications
tower, or alternative support structure and their equipment
buildings.
F. Utility pole mounted antennas if the height of the antenna is
twenty feet (20') or less above the highest part of the utility pole.
(Ord. 02-04, 8-26-2002)
8-13-4: PERMITS REQUIRED:
A. Special Use Permit: A special use permit is required for all
telecommunications towers and associated structures as established by
the official schedule of zoning regulations. The administrator shall
approve collocation on facilities previously approved by the Minidoka
County Planning and Zoning Commission administratively; provided that
the applicant complies with the provisions of this chapter and
provides a completed application and permit fee.
B. Building Permit: A building permit will be required for all
telecommunications 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.
(Ord. 02-04, 8-26-2002)
8-13-5: PERMITTED AND 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 telecommunications facilities will be
allowed in the following areas:
1. Historic sites, as defined by local, state and/or federal
regulations.
2. Critical species habitats, as defined by local, state and/or
federal regulations.
3. Wetlands, as defined by local, state and/or federal regulations.
4. Floodplains, as defined by local, state and/or federal
regulations. (Ord. 02-04, 8-26-2002)
8-13-6: SPECIAL USE PERMIT:
When required by the official Schedule of Zoning Regulations, an
application will be submitted for approval pursuant to the procedure
established in chapter 3, article B of this title for the location
and construction of telecommunications towers or associated
structures.
A. Submittal Information: Applications for telecommunications towers
and associated structures will provide the following information:
1. Completed special use permit application.
2. Original signature of applicant and landowner (if the
telecommunications facility is located in an easement or pursuant to
a ground lease, the beneficiaries of the easement or ground lease and
underlying property owner must authorize the application).
3. The identity of the carrier, provider, applicant, landowner and
service provider and their legal status.
4. The name, address and telephone number of the officer, agent
and/or employee responsible for the accuracy of the application.
5. A plat of survey showing the parcel boundaries, tower, facilities,
location, access, landscaping and fencing.
6. A written legal description of the site.
7. 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) and the legal description and amount of property leased.
8. A description of the telecommunications services that the
applicant offers or provides, to persons, firms, businesses or
institutions.
9. Federal communication commission (FCC) license numbers and
registration numbers, if applicable.
10. Copies of finds of no significant impacts (FONSI) statement from
the federal communication commission (FCC) or environmental impact
study (EIS), if applicable.
11. An alternatives analysis prepared by the applicant or on behalf
of the applicant by its designated technical representative, subject
to the review and approval of the planning and zoning commission,
which identifies all reasonable, technically feasible, alternative
locations and/or facilities which could provide the proposed
telecommunications service. The intention of the alternatives
analysis is to present alternative strategies that could minimize the
number, size, and adverse environmental impacts of facilities
necessary to provide the needed services to the county. 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 planning and zoning commission. The county may
require independent verification of this analysis at the applicant's
expense; the consultant will be chosen by the planning and zoning
commission from a list mutually agreed upon by the county and the
telecommunications industry.
12. Plans indicating security measures (e.g., access, fencing,
lighting, etc.).
13. Tabular and map inventory of all of the applicant's existing
telecommunications towers that are located within Minidoka County and
including all of the applicant's existing towers within one thousand
five hundred feet (1,500') of the county boundary. The inventory
shall specify the location, height, type, and design of each of the
applicant's existing telecommunications towers, and the ability of
the tower or antenna structure to accommodate additional collocation
antennas.
14. 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.
15. Proof of liability coverage.
16. Such other information as the planning and zoning commission may
require.
17. Proof of notification to, and request for, approval from the
federal aviation administration with respect to tower location,
height and lighting requirements. (Ord. 02-04, 8-26-2002)
B. Collocation:
1. 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 telecommunications 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.
2. All telecommunications support facilities shall be designed to
facilitate site sharing. Special use permits or building permits for
new telecommunications 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 commission. (Ord. 05-02, 12-19-2005)
C. Technical Review: The Planning and Zoning Department, upon
direction of the Minidoka County Planning and Zoning Commission,
shall employ on behalf of the county an independent technical expert
to review materials submitted. The consultant will be chosen from a
list mutually agreed upon by the county and the applicant. The
applicant shall pay all the costs of said review. The payment to the
Planning and Zoning Department 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 special use permit
approved by the Minidoka County Planning and Zoning Commission, the
applicant shall submit the following before the special use permit
will be issued:
1. Copies of the determination of no hazard from the federal aviation
administration (FAA), including any aeronautical study determination
or other findings and other agencies, if applicable.
2. Copies of any environmental assessment (EA) reports on form 600 or
form 854 submitted to the federal communication commission (FCC), if
applicable.
3. Copies of any filings submitted to the federal communication
commission (FCC) shall be submitted within thirty (30) days of
filing, subject to the review of the administrator.
4. Proof of bond as security for removal. (Ord. 02-04, 8-26-2002)
8-13-7: ANNUAL INFORMATION REPORT:
A. Purpose: The purpose of the annual review report is to provide the
county with accurate and current information concerning the
telecommunications tower owners and providers who offer or provide
telecommunications services within the county to assist the county in
enforcement of this chapter, and to assist the county in monitoring
compliance with the Special Use Permit.
B. Required Submittals: Upon request and when directed and authorized
by the Board or applicable council, all telecommunications tower
owners of any new or existing telecommunications tower shall submit
annually, on or before January 31 of each year, to the Planning and
Zoning Department a telecommunications facility annual information
report. The annual report shall include the following:
1. The tower owner name(s), address(es), phone number(s), 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 Planning and Zoning Department an
annual review fee as established by the Minidoka County Board of
County Commissioners 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. (Ord. 02-04, 8-26-2002)
8-13-8: REMOVAL AND SECURITY FOR REMOVAL:
A. Removal: It is the express policy of Minidoka County 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 telecommunications tower owner's
responsibility to remove such facilities and restore the site to its
original condition or a condition approved by the Minidoka County
planning and zoning commission. 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 Minidoka County, 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 ($20,000.00) or a bond equal to
a written estimate from a qualified tower removal contractor to
guarantee that the telecommunications facility will be removed when
no longer in operation. Minidoka County will be named as obligee in
the bond and must approve the bonding company. (Ord. 02-04,
8-26-2002)
8-13-9: PRE-EXISTING TELECOMMUNICATIONS TOWERS:
A. Nonconforming and Conforming: Telecommunications towers and
facilities 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 the
effective day hereof, all telecommunications tower owners, applicable
to the requirements of this chapter operating in Minidoka County
prior to the effective date hereof, shall provide the information
required under section 8-13-6 (except proof of bond and proof of
insurance) of this chapter, 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.
2. Towers Structurally Incapable For Collocation: Beginning the
effective day hereof, all telecommunications tower owners, applicable
to the requirements of this chapter operating in Minidoka County
prior to the effective date hereof, shall provide the information
required under section 8-13-6 (except proof of bond and proof of
insurance), and submit documents that the tower is structurally
incapable of collocation, and pay a one time fee equivalent to the
annual fee for each tower site on or before the following January 31.
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. (Ord. 02-04, 8-26-2002)
8-13-10: STRUCTURAL DESIGN AND ENVIRONMENTAL STANDARDS:
A. Tower, Antenna And Facilities Requirements: All telecommunications
facilities shall be designed to blend into the surrounding
environment to the greatest extent feasible. To this end, all of the
following measures shall be implemented:
1. All telecommunications facilities shall comply at all times with
all federal communication commission (FCC) rules, regulations, and
standards. To that end, no telecommunications facility or combination
of facilities shall produce at any time power densities in any
inhabited area that exceeds the federal communication commission
(FCC) adopted standard for human exposure, as amended, or any more
restrictive standard subsequently adopted or promulgated by the
federal government. All telecommunications towers and antennas shall
meet or exceed the standards and regulations, in place at the time of
the issuance of the special use permit, of the federal aviation
administration (FAA), the Idaho state bureau of aeronautics,
Occupational Safety And Health Association (OSHA), the federal
communication commission (FCC) and authority to regulate towers and
antennas.
2. Telecommunications towers shall be constructed out of metal or
other nonflammable material, unless specifically permitted for
monopole applications.
3. All ground mounted telecommunications towers shall be selfsupporting monopoles or lattice towers, except where satisfactory
evidence is submitted to the planning and zoning commission that a
guyed tower is required.
4. Satellite dish and parabolic antennas shall be situated as close
to the ground as possible to reduce visual impact without
compromising their function.
5. 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 no taller than one
story, fifteen feet (15') in height, measured from the original grade
at the base of the facility to the top of the structure, and shall be
designed to blend 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.
6. Telecommunications towers, facilities and antennas shall be
designed and constructed in accordance with the International
Building Code (IBC), and all other applicable state and federal
requirements.
7. The maximum height of an antenna platform located on a rooftop
shall be twenty feet (20') above the roof.
8. Telecommunications facilities shall not interfere with or obstruct
existing or proposed public safety, fire protection or supervisory
controlled automated data acquisition (SCADA) operation of
telecommunications facilities. The applicant, at no cost to the
county shall correct any actual interference and/or obstruction.
B. Height: The height of a telecommunications tower shall be measured
from the original grade at the base of said tower to the highest part
of the tower itself. 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. In the case of "crank up" or other
similar towers whose height can be adjusted, the height of the tower
shall be the maximum height to which it is capable of being raised.
C. Lighting: Telecommunications towers shall not be artificially
lighted unless required by the federal aviation administration (FAA)
or other applicable regulatory authority. When required by the FAA,
white strobe lights during the day will be permitted with red
flashing lights required from dusk to dawn.
D. Site Development, Roads and Parking:
1. A leased parcel intended for the location of new
telecommunications tower(s) and associated structure(s) shall
maintain a minimum parcel size of two thousand five hundred (2,500)
square feet. The Minidoka County planning and zoning commission may
modify the leased parcel size requirement after public hearing and
review.
2. A parcel owned by the telecommunications carrier and/or provider
and intended for the location of new telecommunications tower(s) and
equipment building(s) shall meet the minimum size requirement of this
title.
3. All sites must be served by a minimum thirty foot (30') wide
easement with a turnaround. The Minidoka County Planning and Zoning
Commission may modify the easement and turnaround requirement after
public hearing and review. All sites shall use existing access points
and roads whenever possible. The respective county highway district
or the applicable road jurisdiction shall approve the access point to
the site.
E. 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.
3. Facility structures and equipment, including supporting
structures, shall be located, designed and screened to blend with the
existing natural or built surroundings, so as to reduce visual
impacts.
F. Fire Prevention: All telecommunications facilities shall be
designed and operated in accordance with all applicable codes
regarding fire prevention.
G. Noise and Traffic: All telecommunications 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 telecommunications
facilities:
1. Noise producing construction activities shall only take place on
weekdays (Monday through Saturday, non-holiday) between the hours of
six o'clock (6:00) A.M. and six o'clock (6:00) P.M., except in times
of emergency repair.
2. Backup generators shall only be operated during power outages and
for testing and maintenance purposes. (Ord. 02-04, 8-26-2002)
8-13-11: SEPARATION AND SETBACK REQUIREMENTS:
A. Separation Requirements: Minimum separation required between
telecommunications towers (by tower type):
Tower Type
Lattice
Guyed
Monopole > 85 ft.
Lattice
1,500 ft.
1,500 ft.
750 ft.
Guyed
1,500 ft.
1,500 ft.
750 ft.
750 ft.
750 ft.
750 ft.
Monopole > 85 ft.
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 separation between tower
requirements listed above.
3. Even when reductions 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 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 set back a minimum of fifty
feet (50') 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 County planning and zoning commission 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 guy-wire anchors shall be at least twenty five feet (25') from
all property lines. Under special circumstances, the Minidoka County
planning and zoning commission may modify this setback requirement
after public hearing and review. (Ord. 02-04, 8-26-2002)
8-13-12: ENFORCEMENT:
A. Revocation of Special Use Permit: Grounds for revocation of the
special use permit for telecommunications towers and associated
structures shall be limited to one of the following findings:
1. The owner of such site, service provider and/or tower owner fails
to comply with 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.
B. Revocation Process: The following is the procedure for revocation
of a special use permit for telecommunications towers and associated
structures:
1. The owner of such site, service provider and/or tower owner shall
be notified by certified mail of noncompliance by the Minidoka County
Planning and Zoning Department.
2. The owner 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 Minidoka County prosecuting 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 Planning and
Zoning Department notifying the owner of such abandonment. If removal
to the satisfaction of the Planning and Zoning Department does not
occur within said ninety (90) days, the Minidoka County Board of
County Commissioners may order removal utilizing the established
bond, and salvage said antenna or tower and all supporting equipment
and buildings(s). If there are two (2) or more users of a single
tower, then this provision shall not become effective until all
operations of the tower cease.
2. The recipient of a conditional use permit for a telecommunications
facility under this title shall notify the Planning and Zoning
Department when the facility is no longer in operation. (Ord. 02-04,
8-26-2002)
CHAPTER 14
SEXUALLY ORIENTED BUSINESSES
SECTION:
8-14--1:
8-14--2:
8-14--3:
8-14--4:
8-14--5:
8-14--6:
8-14--7:
8-14--8:
8-14--9:
8-14-10:
8-14-11:
8-14-12:
8-14-13:
8-14-14:
8-14-15:
8-14-16:
8-14-17:
8-14-18:
8-14-19:
8-14-20:
8-14-21:
8-14-22:
8-14-23:
8-14-24:
8-14-25:
8-14-26:
8-14-27:
8-14-28:
8-14-29:
8-14-30:
8-14-31:
Purpose And Intent
Scope And Interpretation
Definitions
Establishment And Location Of Businesses
Measurement Of Distance
Location And Other Restrictions
Existing Businesses
Injunction
Business Permit; Purpose And Intent
Permit Requirements
Investigation And Application
Issuance Of Permit
Annual Permit Fee
Inspection
Expiration Of Permit; Renewal
Suspension Of Permit
Revocation Of Permit
Review Of Permit Denial, Suspension Or Revocation
Transfer Of Permit
Business Employee License; Fees
Sexually Explicit Films Or Videos
Prohibitions Regarding Minors
Advertising And Lighting
Hours Of Operation
Public Nudity Prohibited
Live Adult Entertainment Prohibited
Operation Without Valid Permit
Exemptions
Distribution Of Sexual Devices
Penalties And Injunctive Relief
Immunity From Prosecution
8-14-1: 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 county and to establish
reasonable and uniform regulations to prevent any deleterious
location and concentration of sexually oriented businesses within the
county, 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 neither 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. (Ord. 02-04, 8-26-2002)
8-14-2: SCOPE AND INTERPRETATION:
Notwithstanding the other provisions of this chapter, 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 Idaho Code title 18, chapter 41, 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. (Ord. 02-04, 8-26-2002)
8-14-3: 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 buttock,
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, 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 county which is under the control, operation,
or management of the county 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 home 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 BUSINESS: An adult arcade, adult bookstore, adult
novelty shop, adult video store, adult cabaret, adult motel, adult
motion picture theater, adult theater, massage parlor, sexual
encounter establishment, escort agency or nude model studio.
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 a 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 are 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 sublet
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 areola; 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 device 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: The Minidoka County zoning ordinance as adopted by
Minidoka County, Idaho as presently constituted or as may be amended
hereafter. (Ord. 02-04, 8-26-2002)
8-14-4: ESTABLISHMENT AND LOCATION OF BUSINESSES:
A. Industrial Zones: The establishment and operation of a sexually
oriented business shall be permitted only in an IL industrial light
zone or IH industrial heavy zone, and shall be subject to the
restrictions set forth in this chapter. (Ord. 05-02, 12-19-2005)
B. Distance From Certain Businesses And Institutions: 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. Retail Shopping Centers: 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 organization, public buildings or residential
districts or uses. (Ord. 02-04, 8-26-2002)
8-14-5: MEASUREMENT OF DISTANCE:
As regarding subsection 8-14-4B 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. (Ord. 02-04, 8-26-2002)
8-14-6: LOCATION AND OTHER RESTRICTIONS:
Sexually oriented businesses shall be permitted only in the IL
industrial light or IH industrial heavy zones and shall otherwise be
subject to the provisions of this chapter applicable to such zones,
together with the provisions of this chapter. In the event of any
conflict between this title 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 8-14-10 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
8-14-4 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 8-14-4C 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
8-14-4C 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 8-14-4C 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. (Ord. 02-04, 8-26-2002)
8-14-7: EXISTING BUSINESSES:
A. Considered Nonconforming:
1. Any sexually oriented businesses lawfully operating on the
effective date hereof that is in violation of sections 8-14-4 and
8-14-6 of this chapter shall be deemed a nonconforming use.
2. 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
county planning commission 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.
3. 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 8-14-4C of this
chapter.
B. Operation As Conforming Use:
1. A sexually oriented business lawfully operating as a 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
2. 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 provisions of this section shall
apply for the permit provided for by section 8-14-10 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 8-14-21, 8-14-23,
and 8-14-29 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. (Ord. 02-04,
8-26-2002)
8-14-8: INJUNCTION:
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. Such violation shall be "subject to penalty as
provided in section 1-4-1 of this code", and if an injunction must be
sought, attorney fees and costs may be assessed by the court against
the sexually oriented business. (Ord. 02-04, 8-26-2002)
8-14-9: BUSINESS 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 county, and to establish reasonable and
uniform regulations to prevent deleterious effects of sexually
oriented businesses within the county. 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 neither 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 or
effect of this chapter to in any way condone or legitimize the
distribution of obscene or harmful material to minors. (Ord. 02-04,
8-26-2002)
8-14-10: PERMIT REQUIREMENTS:
A. Permit Required: No sexually oriented business shall be permitted
to operate without a valid sexually oriented business permit issued
by the county 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. Planning And Building Administrator Responsibilities:
1. The county planning and building administrator or his/her designee
is responsible for granting, denying, revoking, renewing, suspending,
and canceling sexually oriented business permits for proposed or
existing sexually oriented businesses.
2. The county planning and building administrator or his/her 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 8-14-4, 8-14-6, and
8-14-7 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 county and the county comprehensive plan.
C. Law Enforcement Responsibilities: The sheriff shall be responsible
for enforcing all other provisions of this chapter. The applicable
law enforcement department shall, upon request from the county
planning and building administrator, provide information on whether
an applicant has been convicted of a specified criminal act during
the time period set forth.
D. Inspection Of Business: The county planning and building
administrator 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. Filing Of Application: An application for a permit must be made on
a form provided by the county. Any person desiring to operate a
sexually oriented business shall file with the county clerk an
original and two (2) copies of a sworn permit application on the
standard application form supplied by the county or designee.
F. Information And Documents Required: 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 Idaho Code title 53,
chapter 5.
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 8-14-12 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 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 8-14-4C 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 8-14-21 et seq., of this
chapter.
G. Supplementing Application With Changes In Information: 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 county clerk or
his/her designee, shall be grounds for suspension of a permit.
H. Improper Completion Of Application: In the event that the county
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. Applicant And Premises; Compliance Required: 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 county health, fire and building codes and laws.
J. Application Fee: The applicant shall be required to pay a
nonrefundable application fee of one hundred dollars ($100.00) at the
time of filing an application under this chapter.
K. Certificate Of Compliance: 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 administrator of
planning and building, or his or her designee, a certification that
the proposed location of such business complies with the locational
requirements of sections 8-14-6 and 8-14-7 of this chapter.
L. Other Licenses Or Permits Not An Exemption: The fact that a person
possesses other types of state or county permits and/or licenses does
not exempt the applicant from the requirement of obtaining a sexually
oriented business permit.
M. Applicant Consent To Enforcement Provisions: 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 administrator of planning and building or his/her designee,
County Sheriff and all other county agencies charged with enforcing
the laws, ordinances and codes applicable in the county of their
respective responsibilities under this chapter.
N. Names Of Employees Required: The applicant shall be required to
provide the county with the names of any and all employees who are
required to be licensed pursuant to section 8-14-20 of this chapter.
This shall be a continuing requirement even after a permit is granted
or renewed. (Ord. 02-04, 8-26-2002)
8-14-11: INVESTIGATION AND APPLICATION:
A. Investigation:
1. Upon receipt of an application properly filed with the county
clerk and upon payment of the nonrefundable application fee, the
county clerk or his/her designee, shall immediately stamp the
application as received and shall immediately thereafter send
photocopies of the application to the applicable law enforcement
department and any other county divisions or agencies responsible for
enforcement of health, fire and building codes and laws.
2. 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 county 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 therefore.
3. The applicable law enforcement department shall only be required
to certify the NCIC records request check mentioned in section
8-14-12 of this chapter. The applicable law enforcement department
shall not be required to approve or disapprove applications.
B. Disapproval For Noncompliance: The county 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 county. (Ord.
02-04, 8-26-2002)
8-14-12: ISSUANCE OF PERMIT:
A. Time Limit: The county commissioners 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 administrator of
planning and zoning, or his/her designee, notifies the applicant of a
denial of the application and states the reasons(s) for that denial.
B. Grant Of Application For Permit; Posting:
1. The county commissioners 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 county commissioners 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 county of any taxes, fees, fines, or penalties
assessed against him/her or imposed upon him/her in relation to a
c. An applicant is residing with a person who has been denied a
permit by the county 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 department 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 8-14-4, 8-14-6, and
8-14-7 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
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
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 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 8-14-20 of this
chapter.
2. If the county commissioners denies the application, the county
clerk shall notify the applicant of the denial and state the
reasons(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. (Ord. 02-04, 8-26-2002)
8-14-13: ANNUAL PERMIT FEE:
The annual fee for a sexually oriented business permit is eight
hundred fifty dollars ($850.00). Such fee shall accompany the
application filed under subsection 8-14-10F of this chapter. (Ord.
02-04, 8-26-2002)
8-14-14: INSPECTION:
A. Right Of Inspection: An applicant or permittee shall permit
representatives of the planning and building 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. Failure To Allow Inspection: 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, to refuse to permit such lawful inspection
of the premises at any time that it is occupied or open for business.
(Ord. 02-04, 8-26-2002)
8-14-15: EXPIRATION OF PERMIT; RENEWAL:
A. Each permit shall expire one year from the date of issuance and
may be renewed only by making application as provided in section
8-14-12 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 county commissioners deny 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 county
commissioners 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. (Ord. 02-04, 8-26-2002)
8-14-16: SUSPENSION OF PERMIT:
A. Causes For Suspension: The administrator of planning and zoning
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.
2. Been under the influence of alcoholic beverages while working in
the sexually oriented business premises.
3. Refused to allow an inspection of sexually oriented business
premises as authorized by this chapter.
4. Knowingly permitted gambling by any person on the sexually
oriented business premises.
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 county, 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 county, or its designee,
shall forthwith suspend the permit and shall notify the permittee of
the suspension.
6. Engaged in permit transfer contrary to section 8-14-19 of this
chapter. In the event that the administrator of planning and zoning
suspends a permit on the grounds that a permittee engaged in a permit
transfer contrary to section 8-14-19 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 8-14-24 of this chapter.
8. Knowingly employs a person who does not have a valid license as
required in section 8-14-20 of this chapter.
B. Remedial Action: The suspension shall remain in effect until the
violation of the statute, code, ordinance or regulation in question
has been corrected. (Ord. 02-04, 8-26-2002)
8-14-17: REVOCATION OF PERMIT:
A. Recent Permit Suspension: The county commissioners shall revoke a
permit if a cause of suspension in section 8-14-16 of this chapter
occurs and the permit has been suspended within the preceding twelve
(12) months.
B. Causes For Revocation: The county commissioners 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.
2. A permittee or an employee has knowingly allowed possession, use
or sale of controlled substances in or on the premises.
3. A permittee or an employee has knowingly allowed prostitution on
the premises.
4. A permittee or an employee knowingly operated the sexually
oriented business during a period of time when the permittee's permit
was suspended.
5. A permittee has been convicted of a "specified criminal act" for
which the time period required in section 8-14-12 of this chapter has
not elapsed.
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.
7. A permittee is convicted of tax violations for any taxes or fees
related to a sexually oriented business.
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
8-14-4C of this chapter.
C. When the county commissioners 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 county
commissioners 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 has elapsed. (Ord. 02-04, 8-26-2002)
8-14-18: 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 act4. (Ord. 02-04, 8-26-2002)
8-14-19: TRANSFER OF PERMIT:
A. Operation At Place Designated In Permit: 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. Requirements For Transfer: 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 county commissioners
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 county clerk or his/her designee, setting forth
the information called for under section 8-14-12 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. Notice Of Suspension Or Revocation Proceedings: No permit may be
transferred when the administrator of planning and zoning, the
Sheriff or the Board of County Commissioners have notified the
permittee that suspension or revocation proceedings have been or will
be brought against the permittee.
D. Change Of Location Prohibited: A permittee shall not transfer his
permit to another location.
E. Unlawful Transfer: 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. (Ord. 02-04, 8-26-2002)
8-14-20: BUSINESS EMPLOYEE LICENSE; FEES:
A. License Required; Fee:
1. Each individual to be employed in a "sexually oriented business",
4.
IC § 67-5201 et seq.
as defined in section 8-14-3 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.
2. 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. Information Required: Before any applicant may be issued a
sexually oriented business employee license, the applicant shall
submit, on a form to be provided by the county 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.
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 applicable law
enforcement department. 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, 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 8-14-3 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 county clerk or his or her designee shall refer the sexually
oriented business employee license application to the applicable law
enforcement department 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 county
clerk or his or her designee shall issue a license unless the report
from the sheriff’s department 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 county 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 8-14-3 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 county 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 county clerk or his or her designee upon the
written application of the applicant and a finding by the county
clerk or his or her designee and the applicable law enforcement
department that the applicant has not been convicted of any
"specified criminal act", as defined in section 8-14-3 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). (Ord. 02-04, 8-26-2002)
8-14-21: SEXUALLY EXPLICIT FILMS OR VIDEOS:
A. Requirements: 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, DVD, CD-ROM, 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
administrator of planning and zoning or his/her 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 administrator
of planning and zoning or his/her designee.
4. It is the duty of the owners and operators 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 operators, 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 persons 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 subsection A of this
section.
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) footcandles as measured at the floor level.
9. It shall be the duty of the owners and operators, and it shall
also be the duty of any agents and employees present on the premises,
to ensure that the illumination described in subsection A8 of this
section is maintained at all times that any patron is present on the
premises.
B. Noncompliance A Misdemeanor: A person having a duty under
subsection A of this section commits a misdemeanor if he/she
knowingly fails to fulfill that duty. (Ord. 02-04, 8-26-2002)
8-14-22: PROHIBITIONS REGARDING MINORS:
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. (Ord. 02-04, 8-26-2002)
8-14-23: ADVERTISING AND LIGHTING:
A. Advertising Prohibited Activities: It shall be unlawful and a
person commits a misdemeanor if he/she operates or causes to be
advertises the presentation of any activity prohibited by any
applicable state statute or local ordinance.
B. Advertising Visible Outside Premises: It shall be unlawful and a
person commits a misdemeanor if he/she operates or causes to be
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. Interior Of Premises Visible From Outside: 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. Lighting Outside Of Premises: 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. Compliance Required: Nothing contained in this section shall
relieve the operator(s) of a sexually oriented business from
complying with the requirements of the county zoning ordinance, as it
may be amended from time to time, or any subsequently enacted county
ordinances or regulations. (Ord. 02-04, 8-26-2002)
8-14-24: 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. (Ord. 02-04, 8-26-2002)
8-14-25: PUBLIC NUDITY PROHIBITED:
A. Court Decisions; Findings: 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 county 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 county intends by this chapter to
prohibit public nudity within the county.
B. Prohibited Acts: 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 another person; or
4. Engage in specified sexual activities.
C. Allowing Nudity Prohibited: 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. Exceptions: The prohibitions 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. (Ord. 02-04, 8-26-2002)
8-14-26: LIVE ADULT ENTERTAINMENT PROHIBITED:
A. No person shall perform, cause or allow the performance of live
adult entertainment in any public place within the county 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. (Ord. 02-04, 8-26-2002)
8-14-27: OPERATION WITHOUT VALID PERMIT:
A. Additional Criminal Prohibitions: In addition to the criminal
provisions in other sections of this chapter, the following
additional criminal provisions shall also apply to sexually oriented
businesses.
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 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. (Ord. 02-04,
8-26-2002)
8-14-28: EXEMPTIONS:
A. Modeling Class: 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. Actions Allowed By Employees: 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. (Ord.
02-04, 8-26-2002)
8-14-29: 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. (Ord. 02-04, 8-26-2002)
8-14-30: PENALTIES AND INJUNCTIVE RELIEF:
A. Penalty Imposed: 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 and shall be subject to penalty as provided
in section 1-4-1 of this code in the discretion of the court. 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. Injunctive Relief; Action At Law For Damages: Nothing herein
contained shall prevent or restrict the county 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. Penalties Cumulative: All remedies and penalties provided for in
this section shall be cumulative and independently available to the
county and the county shall be authorized to pursue any and all
remedies set forth in this section to the full extent allowed by law.
(Ord. 02-04, 8-26-2002)
8-14-31: IMMUNITY FROM PROSECUTION:
The county and its designee, the applicable law enforcement
department and all other departments and agencies, and all other
county 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. (Ord. 02-04,
8-26-2002)
TITLE 8
Chapter 15
Wellhead Protection Ordinance
Sections:
8-15-1: Purpose and Goals
8-15-2: Applicability
8-15-3: Establishment of Wellhead Zones Established
8-15-4: Notice of Proposed Action to Operator of Public or Community
Water Supply
8-15-5: Allowed Uses and Notice Requirements by Zone
8-15-6: Amendments
Section 8-15-1
A
Purpose and Goals:
It is the purpose of this Chapter to promote the public health, safety
and general welfare of the residents of Minidoka County by minimizing
public and private losses due to contamination of the public water
supply, through a formalized ground water protection/pollution abatement
and control plan.
B. The specific goals of the wellhead protection Ordinance, and the
formalized ground water protection/pollution abatement and control plan
are to:
1. Protect Public water systems; and
2. Protect human life and health; and
3. Ensure that the public is provided with a sustainable safe potable
water supply; and
4. Minimize expenditure of public money for pollution remediation
projects; and
5. Minimize regulations and land use; and
6. Minimize business interruptions.
8-1 (226)
Section 8-15-2
Applicability:
A. This Chapter and these regulation contained herein shall only
apply to public and private water system regulated by the
Division of Environmental Quality areas within a Public Water
System's Source Water Protection Area, as established and
certified by the Idaho Department of Environmental Quality,
within the jurisdiction of Minidoka County, Idaho and
registered with the Minidoka County Recorder.
B.
Private or individual wells shall be exempt from this
Chapter and regulation.
Section 8-15-3
Establishment of Wellhead Zones:
A. This Chapter shall establish four (4) wellhead zones:
I. Wellhead Protection Zone IA, defined as a minimum fixed
radius extending no less than one hundred (100') feet radius
from the wellhead supplying potable water to the public water
supplies; and
2. Wellhead Protection Zone IB, defined as a three (3) year Time
of Travel district (TOT) as defined in this Title, which is
the time required for ground water to move in the ground
from a specific point to a well; and
3. Wellhead Protection Zone II, defined as six (6) year
Time of Travel district (TOT); and
4. Wellhead Protection Zone III, defined as a ten (10) year Time
of Travel district (TOT).
Section 8-15-4 Notice of Proposed Action to Operator of
Public or Community Water Supply:
A. Whenever there is a request which requires approval from the
Commission for land lying within a wellhead protection zone,
written notice of the hearing shall be given to the entity
operating the public or community water supply within that
district. The Commission may require a granting of easements
for monitoring wells if the Commission deems it appropriate for
protection of the public water supply.
Section 8-15-5
Allowed Uses and Notice Requirements by Zone:
A Wellhead Protection Zone IA: Uses permitted within Zone IA shall be
limited to:
8-1 (227)
1. Necessary public water supply wellhead equipment
including, wellhead facility buildings, water storage
tanks, disinfections equipment, disinfections chemical
storage and landscaping as required by this Title. All
other uses shall be prohibited.
B. Wellhead Protection Zone IB: Notice of proposed action to
operator of public or community water supply shall be required in
a Wellhead Protection Zone IB if any of the following uses are
proposed within a wellhead Zone IB:
1. Sanitary landfills; and
2. Livestock confinement operations; and
3. Hazardous waste disposal facility; and
I.
4. Injection well is a prohibited use except for the following:
a. Closed systems or as approved by IDEQ.
5. All manufacturing or industrial businesses involving the
collection, handling, manufacture, use, storage, transfer
or disposal of any hazardous solid or liquid material or
waste having potential impact on ground water; and
6. Existing sewer lines shall not be closer than one hundred (100')
feet of a wellhead or of a new sanitary system and sewer lines
shall not be closer than one hundred fifty (150') feet of a
wellhead; and
7.
Existing septic tanks or drain fields shall not be closer
than one hundred (100') feet of a wellhead and new
installation of septic tanks or drain fields shall not be
closer than two hundred (200') feet away from the wellhead;
and
8. Junk or salvage yards; and
9. Disposal of waste oil, oil filters, tires and all other petroleum
products;
and
10. Land use activities posing a hazard or threat to existing ground
water quality as deemed by the Administrator, Commission, or
Board during review process of Zoning and Development
applications may be prohibited.
C. Wellhead Protection Zone II: Notice of proposed action to
operator of public or community water supply shall be
required in a Wellhead Protection Zone II if any of the
following uses are proposed within a wellhead Zone II:
8-1 (228)
1. Sanitary landfills; and
2.
Hazardous waste disposal facility; and
3.
Injection well is a prohibited use except for the following:
a. Deep well injection (below eighteen (I8’) feet in depth):
(1) Geothermal heat; or
(2) Heat pump return; or
(3) Cooling water return;
b. Shallow well injection only (less than eighteen (18')
feet in depth), including:
c
(1) Storm runoff; or
(2) Agricultural runoff wastewater; or
(3) Special drainage water; or
(4) Aquifer recharge; or
(5) Aquifer remediation; or
(6) Septic systems (general).
4. Land use activities posing a hazard or threat to existing
ground water quality as deemed by the Director, Commission, or
Board during review process of Zoning and Development
applications may be prohibited,
D. Wellhead Protection Zone III: Notice of proposed action to
operator of public or community water supply shall be required
in a Wellhead Protection Zone III if any of the following uses
are proposed within a wellhead Zone III:
1. Injection wells except for the following:
a. Deep well injection (below eighteen (18') feet
in depth):
(I) Geothermal heat; or
(2) Heat pump return; or
(3) Cooling water return.
b. Shallow well injection only (less than eighteen (l8')
feet in depth);
(1) Storm runoff; or
8-1 (229)
(2) Agricultural runoff wastewater;
or
(3) Special drainage water;
or
(4) Aquifer recharge; or
(5) Aquifer remediation; or
(6) Septic systems (general).
2. Land use activities posing a hazard or threat to
existing ground water quality as deemed by the
Administrator, Commission, or Board during review
process of Zoning and Development applications may
be prohibited.
Section 8-15-6
Amendments:
A. Proposed amendments shall require notice to all entities operating
public community
water supplies as defined by this Chapter.

Minidoka County/Cities Zoning Ordinance 2015

Transcription

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