A. Within an established wellhead protection overlay district, and subject to the provisions of this subchapter, the performance and conditional use standards listed in subchapter 2.2 and chapter 4 of this title, respectively, and the requirements of the underlying zone district, the following uses are prohibited or require conditional use permit issuance. Uses not listed within this section that are listed as permitted uses within the underlying zone district are subject to the provisions of that district, together with the performance standards listed in chapter 4 of this title. Uses not listed within this section that are listed as conditional uses within the underlying zone district are subject to the provisions of that district, together with the performance and conditional use standards listed in subchapter 2.2 and chapter 4 of this title, respectively.
B. In addition to the performance and conditional use standards listed in subchapter 2.2 and chapter 4 of this title, respectively, and the requirements of the underlying zone district, uses requiring conditional use permit issuance are subject the following:
1. Prior to conditional use permit issuance, the applicant shall demonstrate to the satisfaction of the Panhandle health district and/or state of Idaho pursuant to applicable standards and appropriate practices that, where applicable, fuel, chemicals, fertilizer, solvents, pesticides, waste oils and other similar petroleum products or byproducts, leachates or other detrimental materials and/or wastewater discharge shall not pose a proximate threat to groundwater. The applicant shall provide to the planning department written verification from the Panhandle health district and/or state of Idaho confirming implementation of Panhandle health district and/or state of Idaho requirements.
C. Where all "urban services", as defined in section 12-821 of this title, are not available, the minimum lot or parcel size for divisions of land within an established wellhead protection overlay district shall be five (5) acres. Exception: cluster lots in a conservation subdivision may be less than five (5) acres, provided the overall subdivision density does not exceed one dwelling unit per five (5) acres. (Ord. 501, 11-18-2008)