A. Except for those uses that may be allowed in this title for periods exceeding twelve (12) months, the use may be granted for a specified period not exceeding twelve (12) months from issuance of the zoning certificate. If the use will continue beyond twelve (12) months, then a conditional use and/or master site plan application must be submitted and approved.
B. The use shall not result in the construction of any permanent structure that would not otherwise be permitted subject to the regulations of this title.
C. No structure shall be located within the required yard, nor shall any structure obstruct the "clear vision triangle" as herein defined.
D. Temporary signs, as herein defined, that are less than or equal to six (6) square feet in area shall be exempt. Temporary signs shall not exceed forty eight (48) square feet.
E. Seasonal stands shall be located in a C1, C2, or C3 base district. The zoning certificate shall specify a beginning and end date.
F. Fireworks stands shall meet the following additional standards:
1. Prior to the issuance of a zoning certificate, the applicant or owner shall obtain a permit to sell fireworks in accordance with Idaho Code section 39-2604 from the appropriate fire district.
2. Stands shall be located in a C1, C2, or C3 base district.
3. Dates of fireworks sales shall comply with Idaho Code section 39-2606.
4. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.
G. Subdivision model home/real estate sales offices shall meet the following additional standards:
1. The sales office shall be located on a lot within a subdivision or planned unit development, or on a space within a manufactured home park.
2. The principal use of the sales office shall be the sale of lots and/or dwellings or renting of spaces within the development.
3. The sales office shall meet the construction standards for a commercial occupancy as required by the Ada County building code as set forth in title 7, chapter 2 of this code. The applicant or owner shall obtain all necessary building permits as required by the Ada County building code as set forth in title 7, chapter 2 of this code.
4. The applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within thirty (30) days of the sale or rental of the final lot or space.
5. Subdivision model home/real estate sales offices may operate continually for over twelve (12) months upon the director's approval.
H. Permission to live in an existing dwelling or a temporary manufactured home shall be granted until the completion of the construction of the new principal permitted dwelling, or for not more than twelve (12) months, whichever time period is less, unless otherwise permitted. The existing dwelling or the temporary manufactured home shall be removed prior to issuance of the certificate of occupancy for the principal permitted dwelling, unless the existing dwelling or manufactured home is approved for use as a secondary dwelling.
I. For standards related to temporary permits for a pit, mine, or quarry in a residential district, see the specific use standards in section 8-5-3-81 of this title.
J. The applicant shall have a continuous obligation to maintain adequate housekeeping practices so as not to create a nuisance.
K. For uses that require director approval, the director may require additional conditions to mitigate impacts. The conditions may include, but not be limited to, any or all of the following:
1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts.
2. Limits on time of day of the specified use.
3. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property.
L. Temporary living quarters shall meet the additional required standards:
1. The temporary living quarters is needed to house a member of the owner's immediate family or the owner's employee.
a. Need for temporary living quarters for a family member shall be justified for reasons of health, employment, or upkeep on the property.
b. Need for temporary living quarters for an employee shall be justified for reasons of upkeep on the property, supervision of livestock, healthcare of owner, or tending to crops. For the purposes of this section, "owner's employee" shall mean a person employed on the premises by the property owner and receiving not less than seventy five percent (75%) of the employee's annual income from said property owners.
2. The temporary living quarters shall be a securely anchored manufactured home.
3. The temporary living quarters shall not be permanently affixed to the property, and shall be maintained in a condition to permit removal of the unit upon termination of the authorized use or expiration of the approval.
4. The temporary living quarters shall have adequate sewage facilities as provided for in section 8-4A-22 of this chapter.
5. No more than one temporary living quarters shall be permitted on a property.
6. The property shall be maintained in a neat and orderly manner and shall not differ in appearance from surrounding residential uses.
7. The temporary living quarters, any attached structures, and the anchoring devices shall be removed from the property within thirty (30) days of termination of the authorized use or expiration of the approval.
8. Temporary living quarters may be approved for a maximum of two (2) years. The applicant or owner may extend the duration of the temporary living quarters approval for up to four (4) 2-year time periods, by securing a zoning certificate prior to the expiration date of the temporary use or previous zoning certificate extension. After ten (10) years the applicant or owner may reapply for a new temporary living quarters.
M. An anemometer or similar device for the purpose of determining feasibility of a wind facility site shall meet the following additional standards:
1. An anemometer for a distributed power facility, wind freestanding tower shall only be allowed in the RP, RR, and RUT districts on property containing a minimum of forty (40) acres.
2. An anemometer for a distributed power facility, wind freestanding tower shall not exceed a maximum of one hundred twenty feet (120') in height, including the maximum tip height.
3. An anemometer for a distributed power facility, wind rooftop shall not exceed the height of the base district in which it is located.
4. An anemometer for distributed power facility, wind rooftop shall only be allowed in the RP, RR, RUT, RSW, R1, R1M districts, on property containing a minimum of one acre.
(Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 693, 5-14-2008; amd. Ord. 766, 12-8-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 804, 11-14-2012; amd. Ord. 902, 10-2-2019)