3-1-13: PERMITS AND APPLICATIONS:

6. A sight obscuring fence or other suitable screening shall be required where a proposed commercial or industrial use abuts the side or rear yard of any property in a residential district. Such fence shall be six feet (6') in height, except in the required front yard, where it shall be not more than three feet (3') in height.

(D) Utility Services: The utility services may be either under ground or above ground.

(E) Building Height: The height of any building or structure shall be coordinated with the Cascade fire department to ensure adequate fire protection is established. (Ord. 392, 8-9-1982; amd. Ord. 620, 3-8-2010)

3-1-11A: REC ZONE RECREATIONAL:

(A) Permitted Uses:

Automobile and boat trailer parking facilities.

Band shells.

Dining facilities.

Golf courses.

Information centers.

Marinas, with boat rentals, repair facilities and fuel sales.

Picnic facilities.

Playgrounds and swimming area.

Recreational vehicle parks, constructed in conformance with NFPA standard 501D.

(B) Conditional Uses:

Uses not specified in subsection (A) of this section may be conditionally permitted, if determined to be similar in nature and not inconsistent with the permitted uses set forth in subsection (A) of this section. (Ord. 502, 6-22-1992)

3-1-12: OFF STREET PARKING AND LOADING:

(A) Off Street Parking:

1. All businesses, requiring complete new construction, shall provide for off street parking or may elect to pay one thousand dollars ($1,000.00) per required space to a dedicated parking fund, payable in twenty five percent (25%) increments over a four (4) year period;

2. All home occupations and retail shops, conditionally approved in their respective zones, shall provide adequate off street parking facilities;

3. Parking facilities shall be used for vehicle parking only. No sales, dead storage, repair work, dismantling or servicing of any kind shall be permitted;

4. Ingress and egress of parking structures shall be designed with due regard for visibility and safety;

5. Parking structures shall be served by a service drive so that no backward movement or maneuvering of a vehicle, within a street/alley, shall be required. In no case shall one-way and two-way driveways be less than twelve feet (12') and twenty feet (20') wide respectively;

6. Each off street parking space shall be a minimum of nine feet (9') wide and twenty feet (20') in length;

7. The following requirements are hereby established for determining the number of parking spaces required:

(a) Motels/Hotels: One space per unit and two (2) spaces for manager and registering guests.

(b) Hospitals, Nursing Homes And Clinics: One space for each patient bed.

(d) Restaurant/Bars: One space for each three (3) seats or each seventy two (72) linear inches of booth space.

(e) Multiuse Structure: One space for each one hundred (100) square feet of floor area.

(f) Retail Stores (With Bulky Merchandise): One space for each six hundred (600) square feet of gross floor area.

(g) Other Businesses: One space for each three hundred (300) square feet of gross floor area on the first floor.

(h) Manufacturing: One space for each eight hundred (800) square feet of floor area, nonresidential building.

(i) Schools: One and one-half (11/2) spaces for each teaching station plus one space for each ten (10) seats in the auditorium and/or gymnasium;

(j) Dwelling Unit: Minimum of two (2) spaces per dwelling unit; and

8. Any building use changes shall comply with off street parking and loading requirements.

9. There shall be no parking spaces required for any new or change of use buildings in the commercial zone of downtown Cascade from West Hill Street to Patterson Avenue.

(B) Reserved.

1. All parking lots and areas shall be constructed of asphalt, concrete or crushed rock and compacted. All parking areas shall be graded so as not to drain stormwater over a public sidewalk; onto any adjoining private property or public thoroughfare;

2. Provisions must be made by the owner of the parking lot, for snow removal. Snow shall not be plowed into a windrow that interferes with clear vision triangles regarding ingress and egress from said lot; and

3. Any lights, provided to illuminate any public or private area or vehicle sales area, shall be so arranged as to reflect the light away from any abutting or adjacent residential land use zone. (Ord. 664, 4-22-2013)

3-1-13: PERMITS AND APPLICATIONS:

(A) Types Of Permits Required: There shall be required for construction, alteration, demolition of any structure or use, excepting those exempted under title 2, chapter 1 of this code, one or more of the following type permits:

1. Building permit;

2. Special-conditional use permit; and

3. Variance permit.

(B) General:

1. Each application for a permit, that is submitted to the commission, shall have a plat of the property, to scale, showing the relationship of the structure(s) to the property lines and any other structures on the property.

2. Upon receipt of an application for a permit, along with the required supporting plans and specifications, and recommendation from the building official, the commission shall examine the application and related materials for compliance with this chapter.

3. The commission shall have a minimum of thirty one (31) days, after receipt of the application from the building official, in which to examine the application and related data.

4. The commission shall also have a reasonable time as affixed by resolution of the council, after a public hearing on the application, at which time a decision must be rendered. The commission shall notify the applicant, in writing, of the decision.

5. A special conditional use permit or a variance permit shall not be granted unless and until a written application is submitted with all supporting documents completed, including lessee's and/or owner's written approval.

6. Whenever the commission recommends approval or denial of a permit, it shall specify:

(a) The ordinance and standards used in evaluating the application;

(b) The reasons for approval or denial; and

7. Prior to action recommending approval or denial of a permit, the commission shall proceed in accordance with the provisions set forth in subsection 3-1-14(A) of this chapter, for a public hearing.

8. An applicant denied or aggrieved by a decision, may take action as specified in subsection 3-1-14(B) of this chapter.

9. Where practical, the commission may combine related permits for the convenience of the applicant.

10. Upon recommendation for approval or denial of an application, the commission shall forward its recommendation to the council for action.

(C) Building Permit: An application for a building permit shall be made in accordance with the procedures outlined in title 2, chapter 1 of this code.

(D) Special-Conditional Use Permit:

1. A special-conditional use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of this chapter, but may be allowed with conditions under specific provisions and when it is not in conflict with the comprehensive development plan.

2. Upon granting a special-conditional use permit, conditions may be attached to, but not limited to, including those:

(a) Minimizing adverse impact on other development;

(b) Controlling the sequence and timing of development;

(d) Assuring that development is maintained properly;

(e) Designating the exact location and nature of development; and

(f) Requiring more restrictive standards than those generally required in this chapter.

3. The granting of a special-conditional use permit shall not be construed as establishing a binding precedent to grant other special-conditional use permits.

4. A special-conditional use permit is not transferable from one parcel of land to another.

(E) Variance Permit:

1. A variance is a modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front/side/rear yard setbacks, parking space, height of building(s) or other ordinance provisions affecting the size or shape of a structure, or the placement of the structure upon lots, or the size of lots.

2. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

3. No nonconforming use of neighboring lands, structures or buildings, in other districts, shall be considered grounds for issuance of a variance.

4. A variance, from the terms of this chapter, shall be granted only upon showing of undue hardship, and if it is found that because of special circumstances applicable to this property, strict application of the use regulations would:

(a) Deprive such property of privileges enjoyed by other property in the vicinity;

(b) Render the land economically useless; and

(F) Application For Special-Conditional Use Permit: A written application shall be submitted, containing:

1. The special-conditional use of the property being requested.

2. A legal description of the property for which the permit is being requested.

3. A plot plan of the property, drawn to scale, showing:

(a) The relationship of the property to the surrounding area; and

(b) The location of adjoining property, with property owners' names listed on their respective parcels.

4. The post office addresses of all property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be substantially impacted by the proposed special-conditional use, as determined by the commission.

5. A narrative statement evaluating:

(a) The effects of the use upon the:

(1) Social aspects of the community;

(2) Economic aspects of the community;

(3) Fiscal aspects of the community; and

(4) Environmental aspects of the community.

(b) The relationship of the proposed use to the comprehensive development plan.

6. Any other information that the commission deems necessary for granting the permit.

(G) Application For Variance Permit: A written application shall be submitted containing:

1. A description of the nature of the variance requested.

2. A plot plan of the property, drawn to scale, showing:

(a) The relationship of the property to the surrounding area; and

(b) The location of adjoining property, with property owners' names listed on their respective parcels.

3. A narrative statement demonstrating that the requested variance conforms to the following standards:

(a) That special conditions and circumstances peculiar to the land, structure, building involved or use, which are not applicable to other lands, structures, buildings or uses in the same district, exist;

(b) That special conditions and circumstances do not result from any action of the applicant; and

(c) That granting the variance will not confer any special privileges, that are denied by this chapter to other lands, structures, buildings or uses in the same district.

4. The post office addresses of all property owners adjoining the subject property. (Ord. 425, 11-12-1985; amd. Ord. 620, 3-8-2010; Ord. 727, 3-27-2023)

3-1-14: HEARING PROCEDURES, APPEALS AND ACTION BY AFFECTED PERSONS:

(A) Hearing Procedures:

1. General:

(a) Any request for action, other than by the commission or the council, that requires a public hearing requires: (Ord. 464, 6-11-1990)

(1) The filing fee is set by resolution and reviewed annually. (Ord. 620, 3-8-2010)

(2) An additional amount to be paid by the applicant for the actual cost of notice mailing and publication of notice of hearing. This additional amount shall be paid prior to the hearing.

(b) Public hearings shall be held as provided by section 67-6509, Idaho Code, for:

(1) Request for amendment to the zoning ordinance, including zoning district boundary changes;

(2) Special-conditional use permit applications;

(3) Variance permit applications; and

(4) Requests for annexation of unincorporated areas.

(1) Amendment To The Zoning Ordinance: At least fifteen (15) days prior to the public hearing, notice of the time and place and the amendment to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.

(2) Zoning District Boundary Change: At least fifteen (15) days prior to the public hearing, notice of the time and place and boundary change to be discussed shall be published in the official newspaper, and additional notice shall be provided by mail to the property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change, as determined by the commission. When notice is required of two hundred (200) or more property owners or residents, alternate notice shall be provided by publication of notice two (2) times in the official newspaper.

(3) Special-Conditional Use Permit Application: At least fifteen (15) days prior to the public hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be substantially impacted by the proposed special use, as determined by the commission. When notice is required of two hundred (200) or more property owners or residents, alternate notice shall be provided by publication of notice two (2) times in the official newspaper. Not less than seven (7) days prior to the hearing, such notice of hearing shall be posted on the land being considered.

(4) Variance Permit Application: At least fifteen (15) days prior to the public hearing, notice of the time and place and summary of the variance to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.

(5) Annexation Of Unincorporated Area: At least fifteen (15) days prior to the public hearing, notice of the time and place and a legal description of the area to be annexed shall be published in the official newspaper or paper of general circulation within the jurisdiction.

2. Amendment To Zoning Ordinance:

(a) The commission shall:

(1) Evaluate the request to determine the extent and nature to the amendment requested;

(2) If the request is in accordance with the comprehensive development plan, recommend to the council either adoption or rejection of the requested amendment; and

(3) If the request is not in accordance with the comprehensive development plan, recommend and the council may adopt or reject an amendment to the comprehensive development plan under the notice and hearing procedures provided in section 67-6509, Idaho Code.

(b) The council shall:

(1) If the request is in accordance with the comprehensive development plan, conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

(2) If the request is not in accordance with the comprehensive development plan, no action may be taken for amending the zoning ordinance until the comprehensive plan has been amended, then action under subsection (A)2(b)(1) of this section may be taken.

3. Special-Conditional Use Permit Application: The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

4. Variance Permit Application: The commission shall conduct at least one public hearing in which property owners adjoining the parcel under consideration shall be heard.

5. Annexation Of Unincorporated Areas:

(a) The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

(b) If a material change is made in the comprehensive development plan further notice and hearing shall be provided before a recommendation is forwarded to the council.

(1) Conduct at least one public hearing using the same notice and hearing procedures as the commission;

(2) Not hold a public hearing, give notice of a proposed hearing, nor take action until recommendations have been received from the commission;

(3) If a material change is made in the comprehensive development plan, further notice and hearing shall be provided before the council adopts the ordinance of annexation; and

(4) Concurrently or immediately following the adoption of an ordinance of annexation, the zoning map shall be amended. (Ord. 464, 6-11-1990)

(B) Appeals:

1. Within thirty one (31) days, after final action on any permit by the commission, an appeal of that decision, may be filled by the applicant with the council. Such appeal shall be in writing stating the error(s) of the commission, with particularity, and shall be filed with the city clerk prior to the expiration of the said thirty one (31) days; and

2. The council shall set a time and place for hearing of such appeal, which hearing shall be held within thirty one (31) days of the filing date of such appeal, and cause notice of such time and place to be delivered to the appellant, and publish one notice thereof, requiring all other persons wishing to participate in such appeal to file with the city clerk at least five (5) days prior to the time set for the hearing, a statement of their position, or appear at such hearing in support of their statement. Failure to file such statement or appear at the hearing shall be deemed a waiver of such appeal. (Ord. 620, 3-8-2010)

1. As used herein, an "affected person" shall mean one having an interest in real property, which may be adversely affected by the issuance or denial of a permit authorizing the development or the use of property; and

2. An affected person aggrieved by a decision may within sixty (60) days, after all remedies have been exhausted under the local ordinances, seek judicial review under the procedures provided by sections 67-5215(b) through (g), and 67-5216, Idaho Code. (Ord. 464, 6-11-1990)

3-1-15: AMENDMENT PROCEDURES:

(A) General: Whenever the public necessity, convenience, general welfare or good zoning practices require, the council may by ordinance after receipt of recommendations thereon from the commission, and subject to the procedures provided in subsection 3-1-14(A)2(b) of this chapter, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

(B) Initiation Of Amendments: Amendments to this chapter, including rezoning, may be initiated in one of the following ways:

1. By adoption of a motion by the commission;

2. By adoption of a motion by the council; and

3. By the filing of an application for amendment by a property owner, within the area proposed to be changed or affected by said amendment.

1. Applications for reclassification of zoning districts shall contain at least the following information:

(a) Name, address and phone number of applicant;

(b) Proposed ordinance amending zoning district area;

(d) Present zoning district;

(e) Proposed land use;

(f) Proposed zoning district;

(g) A vicinity map at a scale to sufficiently illustrate the property in question and surrounding properties, roads and geographical features; including the following:

(1) North arrow;

(2) Scale;

(3) Names of adjacent property owners on the respective parcels; and

(4) Existing and proposed zoning;

(h) A list of all property owners and residents and their mailing addresses, who are within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change; and

(i) A statement on how the proposed changes relate to the comprehensive development plan, availability of public facilities, and compatibility with the surrounding area;

2. Applications for amendment to the zoning ordinance, not including reclassification of a zoning district, shall contain:

(a) Name, address and phone number of applicant;

(b) Proposed ordinance amending zoning area; and

3. Upon receipt of a request for amendment to the zoning ordinance, the commission will take action under the provisions of subsection 3-1-14(A)2(a) of this chapter.

(D) Resubmission Of Application For Reclassification Of A Zoning District: Any application for reclassification of any property, which has been denied by the council, shall not be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes, within a one year period from the date of final action, unless there is an amendment in the comprehensive development plan, which resulted from a change in conditions as applying to the specific property under consideration.

(E) Zoning Classification Change: Upon adoption of a zoning classification by the council pursuant to a request by a property owner thereafter such zoning classification shall not be changed for a period of four (4) years without the consent in writing of the current property owner.

(F) Zoning Upon Annexation:

1. Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the commission, on the proposed plan and zoning ordinances changes, for the unincorporated area; and

2. The commission and the council shall follow the notice and hearing procedures provided in section 3-1-14 of this chapter. (Ord. 401, 7-11-1983)

3-1-16: EFFECTIVE DATE:

This chapter shall be in full force and effect from and after September 1, 1982. (Ord. 392, 8-9-1982)

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