In addition to all other regulations as specified in this title, the following provisions shall be adhered to:
A. Conversion Of Dwelling Into More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:
1. Yard Dimensions: The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that zone;
2. Lot Area: The lot area per family equals the lot area requirements for new structures in that zone;
3. Floor Area: The floor area per dwelling unit is not reduced to less than that which is required for new construction in that zone;
4. Compliance: The conversion is in compliance with all other relevant codes and ordinances; and
5. Detached Secondary Dwelling: The second dwelling complies with subsection 11-6-5L of this chapter.
B. Parcels Of Land Without Contiguous Road Frontage: Access to a parcel of land to be used as a building site that does not have contiguous road frontage shall be a minimum forty foot (40') wide recorded easement, right of way or deeded strip of land.
C. Ditch Or Drain Ditch Roads: Ditch company or drain ditch roads will not be used for access to a development site or to residential construction.
D. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence 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. Development Close To An 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 federal aviation administration.
F. Hazardous Or Solid Waste Site Cleanup Provision: Hazardous or solid waste site cleanup expense on any property within the county shall be the responsibility of the owner of record at the time of the finding of the problem.
G. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority.
H. Permits For Private Septic Tanks Required: All persons putting in private septic tanks and drainfields shall first obtain a sewer permit from the health department.
I. Emergency Vehicle Access And Turnarounds For Private Drives: These regulations apply to any structure four hundred (400) square feet in size or larger.
1. Intent And Authority:
a. The fire chief is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of the international fire code.
b. This subsection is intended to assure that emergency vehicle access is sufficient to allow the fire department and other emergency services to provide a reasonable degree of protection from hazards to life and property in rural areas of Gem County.
c. It is intended that this policy shall apply to all residential property in the unincorporated portions of Gem County. Commercial projects must each be evaluated by the fire department.
d. Failure to comply with any of the applicable provisions of this subsection is a violation of this title. All such violations are each punishable as a misdemeanor. Certificates of occupancy will not be issued until the violations are corrected.
2. Issuance Of Permits:
a. Prior to the issuance of a building permit or special use permit, the applicant shall submit plans to the building official showing how access and turnarounds will be provided. These plans shall be drawn to scale and shall include building size and distance to exposures.
b. No certificate of occupancy shall be issued until the building official has inspected and approved the completed access and turnaround. It shall be the responsibility of the applicant to request inspection in a timely manner.
3. Access Requirements:
a. Apparatus Access Driveways: Apparatus access driveways shall be provided to within one hundred fifty feet (150') of every building hereafter built on (or moved onto) property in the jurisdiction.
b. Access Driveways: Access driveways shall be constructed to standard engineering specifications for an "all weather driveway". Driveways shall not exceed a seven percent (7%) grade without special approval of the appropriate fire district. Construction of access driveways is the responsibility of the developer/subdivider.
c. Width Of Private Drives; Dimensions: Fire apparatus access roads shall have an unobstructed width of not less than the adopted Gem rural fire districts 1 and 2 or Middleton fire district requirements, and have an unobstructed vertical clearance of not less than thirteen feet six inches (13'6").
d. Bridges And Culverts: Bridges and culverts shall be structurally engineered to specifications, with concrete abutments and shall be designed and built to support eighteen thousand (18,000) pounds per axle with minimum of three (3) axle load (54,000 pounds GW), and twenty foot (20') minimum bridge width with curve, or fourteen foot (14') width with straight on drive. All new bridges built will have posted signs on each end of bridge with the posted weight limit.
e. Curves: Curves shall have inside radius of at least twenty three feet (23') and an outside radius of at least forty eight feet (48').
f. Turnarounds:
(1) Dead end access driveway in excess of one hundred fifty feet (150') from the centerline of a public way or private road shall have a turnaround as provided in this section.
(2) If access driveways are not looped, then the provided dead end will meet the requirements as specified on the following table. For commercial vendors, any road over one hundred fifty feet (150') that accesses a business or public building will have a sign beginning which states:
NO PARKING/FIRE LANE
4. Requirements For Dead End Access Roads: In accordance with appropriate fire district policy.
Length | Width | Turnarounds Required |
0 – 150 feet | 20 feet | None required |
151 – 750 feet | 20 feet | With 120 foot hammerhead, 60 foot "Y" or 96 foot diameter cul-de- sac |
Over 750 feet | Special approval required |
J. Private Roads:
1. General Provisions:
a. A private road name application must be submitted to the county for the appropriate type of private road listed below;
b. The applicant must provide a maintenance agreement or user's association document signed by all owners to be served by that road with the application that clearly demonstrates the private road will be adequately maintained from the public road to all proposed lots to be served; and/or
c. The private road may serve no more than ten (10) building parcels and/or lots;
d. Private roads on properties inside an area of city impact shall be constructed to the city's public road standard for an urban local road and serves development with a maximum density of three (3) dwelling units per acre;
e. The private road shall connect directly to an existing public road;
f. No new private road or extension of an existing private road shall alter the alignment of any portion of said road more than forty five degrees (45°);
g. Private roads may not have more than a seven percent (7%) grade without special approval of the appropriate fire district; and
h. Private roads shall be constructed to appropriate standards prior to the building permit issuance unless a development agreement is in place.
2. Classification: Private roads shall be classified under the following types:
a. Type A Existing Private Road: Not dedicated nor intended for public use, privately maintained, serving more than two (2) but not more than ten (10) building parcels. An existing private road does not include existing easements that may have provided access but have not been built to county standards.
(1) Intent: The purpose of this subsection J2 is to address life safety issues and protect developed properties accessed by private roads by providing for permanent easement and road maintenance agreements. It is intended to provide safe and unobstructed access for future homeowners. It is further intended to allow recognition of a private road by the county to establish addressing of private roads. Naming of the private road shall be approved by the street naming committee appointed by the county.
(2) Regulations:
(A) Must have a recorded, permanent, perpetual easement.
(B) Must have a minimum twenty four foot (24') all weather driving surface.
(C) Must be constructed with a turnaround acceptable to the local fire department when longer than one hundred fifty feet (150').
(D) All access roads and/or drives and turnarounds must be kept clear at all times.
(3) Private Drive Needed: A private drive may also be needed if type A does not extend to within one hundred fifty feet (150') of any exterior point of any inhabited buildings. If a private drive serves two (2) residences then a road user agreement must be signed and recorded with the county delineating responsibilities in the construction and maintenance of the drive.
b. Type B Private Road: Not dedicated, intended for public use, privately maintained, partially constructed to Gem County road department standards, serving more than two (2) but not more than ten (10) building parcels and/or lots.
(1) Intent: It is intended for the type B road to apply to a new private road. An existing private road will be considered a type A road.
(2) Regulations:
(A) Must have a record of survey.
(B) Must have a recorded, permanent perpetual easement and permanent road users' association or maintenance agreement;
(C) Must be constructed to Idaho standards for public works construction (ISPWC) gravel access road with twelve inch (12") aggregate base course (pit run) and three inch (3") road mix crushed aggregate base or leveling course, with a twenty four foot (24') wide driving surface, and must provide compaction test documentation to the county at the property owner's expense; and
(D) Must be constructed with turnaround, where required, of minimum radius of fifty feet (50').
(E) All access roads and/or drives and turnarounds must be kept clear at all times.
(F) A developer that intends to divide a parcel into two (2) or more parcels that abut a development that is currently served by a type A road shall construct a type B road on their parcel and upgrade the current type A road to a type B road, and provide a recorded road users' association and/or road maintenance agreement for all parcels involved on the type B road.
(3) Private Drive Needed: A private drive may also be needed if type B does not extend to within one hundred fifty feet (150') of the most distant corner of all inhabited buildings. If a private drive serves two (2) residences then a road user agreement must be signed and recorded with the county delineating responsibilities in the construction and maintenance of the drive.
K. Public Road: Dedicated for public use, constructed to Gem County road department standards including paving and accepted for maintenance by the Gem County road department.
1. Regulations:
a. Must have a recorded plat or other document dedicating right of way for permanent public use and written acceptance for maintenance by the Gem County road department;
b. All access roads and/or drives and turnarounds must be kept clear at all times.
2. Private Drive Needed: Type A and type B may also be needed if public road is not extended to within one hundred fifty feet (150') of the most distant corner of all inhabited buildings. If a private drive serves two (2) residences then a road user agreement must be signed and recorded with the county delineating responsibilities in the construction and maintenance of the drive.
3. Public Road Dedication: If the requirement by a governmental entity to dedicate public right of way reduces the property to be developed in such a manner that lot layout, in minimum sizes as required by that zone, cannot be accomplished without creating one substandard sized lot, then one such lot may be created as long as its size is not less than eighty percent (80%) of the size required in that zone. Such lot shall not be considered substandard and will be considered to meet minimum lot size for purposes of development. (Ord. 2009-05, 9-28-2009)