A. Applicability: Any new use for a public emergency service, utility or law enforcement entity. No other public use is eligible for the exemption outlined in this section. (Ord. 2009-05, 9-28-2009)
B. Zone: Said uses are permitted in any A, C, M-1, M-2, or MX zone up to ten thousand (10,000) square feet gross building size. A special use permit is required for any structure over ten thousand (10,000) square feet or if the structure is located within any R zone. (Ord. 2014-03, 2-18-2014)
C. Proof Of Legal Interest: The applicable public entity shall be the legal owner of record at the time of application or shall submit a notarized agreement between the public entity and current property owner demonstrating the public entity's interest in the real property. If the latter, the agreement shall state that the property cannot be sold to a private party or used for anything other than the allowable emergency service use. Otherwise, the property, once divided, shall revert to the owner of an adjacent parcel.
D. Property Size: The minimum property size for said use is one acre, excluding any required road right of way dedication. The maximum property size for said use is three (3) acres, excluding any required road right of way dedication.
E. Record Of Survey: Unless the property is created through the filing of a subdivision, the new building parcel shall be created through the recording of a record of survey, prepared by a licensed land surveyor. The land division shall comply with all other Idaho statutes. If the parcel can be created through a property boundary adjustment, that method must be exercised first.
F. Road Dedication: If the subject parcel is adjacent to a public road, road right of way dedication is required, as prescribed under the adopted functional classification map of Gem County. Said dedication is only required adjacent to the public use parcel and will not apply to any remainder.
G. Setbacks: Any building shall be set back from the new property line, after the road dedication is made. (Ord. 2009-05, 9-28-2009)