Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title. All distance requirements hereinbelow enumerated shall be reciprocal, e.g., commercial feedlots shall not be located closer than one thousand feet (1,000') from any residence except the owner's and all residences except the owner's shall not be located closer than one thousand feet (1,000') from commercial feedlots.
A. Accessory Buildings: Refer to section 11-5-6 of this title for provisions.
B. Agricultural Buildings: The agricultural building must be placed in an agricultural zone and must be placed on five (5) acres or more.
C. Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property. (Ord. 2009-05, 9-28-2009)
D. Animal Commercial Feedlots, Meatpacking, Processing Plant And Slaughterhouse Facilities:
1. See chapter 20 of this title for approval procedures and design standards for confined animal feeding operations. (Ord. 2014-03, 2-18-2014)
2. Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor.
3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.
4. Gem County will comply with the requirements of Idaho Code 67-6529, subsection (2) regarding the siting of new confined animal feeding operations. Specifically, the zoning commission and board shall each hold at least one public hearing affording the public an opportunity to comment on each proposed site before the siting of such facility. Several sites may be considered at any one public hearing. Only members of the public with their primary residence within a one mile radius of a proposed site may provide comment at the hearing. (Ord. 2009-05, 9-28-2009)
E. Vehicle Hobbyist, Collector: Vehicles will be kept out of sight from all public rights of way and public spaces and stored in an orderly manner. The following standards shall apply:
1. A vehicle hobbyist/collector permit is required and must be obtained through the development services department prior to using the property for hobby vehicle storage.
2. Only incidental buying/selling of vehicle components is allowed.
3. The owner/applicant is responsible to comply with Idaho department of environmental quality (DEQ) requirements for preventing ground penetration of hazardous liquids.
4. The owner/applicant must prevent vehicles from becoming a rodent habitat or any other public health nuisance.
5. The owner/applicant must immediately remove any vehicles that exceed the permitted number shown in subsection E7 of this section.
6. Mobile and manufactured homes shall not be allowed as hobby vehicles.
7. The maximum number of vehicles allowed per parcel (or contiguous parcels if under the same ownership), based on conforming parcels within each zone, is set forth in the following table:
Zone | Number Allowed | Comment |
Zone | Number Allowed | Comment |
A-1 | No maximum | See note 1 |
A-2, A-3 | 10 | See note 1 |
R-2 | 3 | See note 1 |
R-3 | 6 | See note 1 |
MR | None | See note 1 |
MX | 10 | See note 2 |
C-1, C-2 | None | See note 1 |
M-1, M-2, HT, P | None | See note 1 |
Notes:
1. Must be a legal conforming parcel or limited to the next lowest number allowed.
2. The maximum number of hobby vehicles in the MX zone is dependent upon the primary use of the property. For example, if the primary use is equivalent to R-2, the maximum number allowed is 3.
(Ord. 2014-05, 7-7-2014)
F. Boathouse:
1. Will be located within a shore lot.
2. Will be set back a minimum of one hundred feet (100') from the normal high water elevation of a lake, pond, river or stream, or ten feet (10') from the high water mark.
3. Will not be more than one boathouse on the premises for each shore lot.
4. Will not exceed a height of fifteen feet (15').
5. Will not exceed three hundred (300) square feet in horizontal area covered.
6. Will not be located any closer than ten feet (10') to any property line.
G. Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:
1. Will be located at least three hundred feet (300') from a residential zone, a residence, motel, hotel, except for an owner's residence.
2. Will be erected subject to the approval of the fire chief.
3. Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire chief.
H. Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief and the state fire marshal.
I. Contractor's Yard:
1. Will be located a minimum distance of three hundred feet (300') from any residence except for an owner's residence.
2. Will have a screening fence around areas utilized for storage of equipment.
J. Daycare:
1. Daycares shall meet all local and state regulations and licensing requirements.
2. In Gem County, an operator or employee of any daycare center shall submit to the Gem County sheriff's office for criminal background investigation.
K. Drive-In Restaurant:
1. Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.
2. Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence.
3. Will provide for adequate trash receptacles.
4. Will avoid the direction of night lighting toward any residence.
L. Dwelling, Secondary:
1. Purpose: The intent of this subsection is to provide an opportunity for the development of permanent, single-family, independent living dwellings for Gem County citizens; to provide a type of affordable housing alternative; to provide economic support for resident families through small rental units; and to implement policies in the housing and land use chapters of the comprehensive plan that call for a diversity of housing types. The purpose is to provide such development opportunities while still maintaining the residential character of the surrounding neighborhood. To ensure that no avoidable adverse impacts on the public health, safety and general welfare result from the creation of a secondary dwelling, the county prescribes standards for the approval of such units.
2. Permitted: One permanent secondary dwelling is permitted on the same property in conjunction with and clearly subordinate to an existing single-family dwelling, in accordance with the standards listed in this section. Secondary dwellings are only allowed in A districts.
3. Recorded Restrictions: Before a building permit for a secondary dwelling unit is issued, the property owner shall file with the county recorder's office and submit to development services department a declaration or agreement of restrictions containing a reference to the deed under which the property was acquired by the owner and stating that:
a. The secondary dwelling unit shall not be sold separate from the primary dwelling unit;
b. The secondary dwelling unit is restricted to the maximum size allowed per the development standards;
c. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.
4. Owner Occupancy: To create and maintain a secondary dwelling, the property owner shall reside on the property. The applicant for a secondary dwelling shall demonstrate at the time of building permit application that either the primary dwelling or the secondary dwelling is occupied by the property owner. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means.
5. Subdivision: Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit.
6. Maximum Size: Secondary dwelling units shall be limited to a maximum gross floor area of one thousand one hundred (1,100) square feet, not including the garage.
7. Septic And Well: The secondary dwelling unit shall be hooked to a wastewater system approved by the health department and shall share the same domestic water source as the primary dwelling unit. Modifying the existing water source to accommodate both dwellings is permitted.
8. Location: The secondary dwelling may be: located within or attached to the primary dwelling; a detached structure; or above or beside a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling and no closer than ten feet (10'). No portion of the secondary dwelling shall be located in front of the primary dwelling. It shall not be allowed where it would create adverse effects on essential public services and/or natural features. These include, but are not limited to, water supply, stormwater, roadways, unsuitable soil types and hillsides.
9. Driveway And Address: The driveway serving the secondary dwelling shall be shared with the primary dwelling. If combining driveways is prohibited by a physical site constraint or some other barrier beyond the owner's control, a separate driveway permit may be allowed as authorized by the road and bridge department. A separate address shall be issued for the secondary dwelling.
10. Design: The secondary dwelling shall be similar in design to the primary single-family dwelling, including roof pitch, siding, color, materials, and window treatments. (Ord. 2009-05, 9-28-2009)
11. Prohibitions:
a. Manufactured and mobile homes, trailers, and recreation vehicles shall be prohibited for use as a secondary dwelling. However, when the primary dwelling is a "manufactured home", as defined in section 11-2-2 of this title and possessing a valid certificate of occupancy, a manufactured home may be allowed as the secondary dwelling, subject to compliance with all other standards listed in this section.
b. A secondary dwelling is not permitted on parcels where more than one dwelling already exists or on parcels already approved for a temporary dwelling under chapter 19 of this title.
c. A secondary dwelling is not permitted on any parcel less than five (5) acres in size.
d. A secondary dwelling is not permitted on an illegal parcel. (Ord. 2014-03, 2-18-2014)
12. Code Compliance: In cases where an existing garage, shop, or single-family dwelling is to be converted to a secondary dwelling, the area designated for the secondary dwelling must be brought into compliance with current international residential code standards, as determined by the building official.
M. Electricity Generating Facilities: Certain types of electricity generating facilities are permitted in agricultural and industrial zones if all conditions are met below:
1. The facility must only use natural gas, biomass, solar cells or wind power to produce electricity for sale. The use of diesel fuel is allowed only for emergency generation or electricity for fire suppression or winding down turbines.
2. The owner or operator of the facility must show compliance with applicable Idaho public utility and federal energy regulatory commission rules and regulations before receiving a zoning permit and must operate the facility in conformance with those same regulations.
3. Facility improvements must be at least two thousand five hundred feet (2,500') from any residence existing at the time of the application for permit. This distance shall be measured from the centerline of the power producing turbine to the closest edge of the residence. The distance may be shortened if the applicant applies for and is granted a variance using the standards and procedures contained in chapter 13 of this title. Provided however, that the owner of any affected residence may waive, in writing, the setback requirement for that residence. If such waiver is submitted to the development services office no variance is required.
4. Operation of the facility shall not create or cause any dangerous, injurious, noxious or otherwise objectionable condition that could adversely affect the surrounding area or adjoining premises. Operation of the facility shall not result in any noise louder than fifty eight (58) decibels on the A-weighted decibel scale as measured from seven hundred fifty feet (750') from the centerline of the power producing turbine. A higher decibel reading would require a variance. The administrator shall cause the applicant to provide information detailing possible adverse impacts and require mitigation of the same as set forth in chapter 13 of this title.
5. The applicant, with its zoning permit application, shall submit and thereafter follow a landscaping, screening and noise control plan to comply with subsection M4 of this section. The plan's ability to comply with subsection M4 of this section shall be certified by a licensed engineer employed by the applicant. All improvements on the facility shall be enclosed by an appropriate security fence.
6. The applicant shall demonstrate and maintain an adequate fire protection and fire suppression capacity, including entering into an agreement with a public firefighting agency when the property is within the jurisdiction of such agency. Said agreement must be submitted with the building permit application and be recorded prior to issuance of a certificate of occupancy.
7. Before a zoning permit is granted, the applicant shall hold at least two (2) public meetings. Notice of those meetings shall be by publication in a local newspaper and by mail to property owners within one mile of the proposed facility.
N. Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activity:
1. Will result in the smallest amount of bare ground exposed for the shortest time feasible.
2. Will provide temporary ground cover, such as mulch.
3. Will use diversions, silting basins, terraces and other methods to trap sediment.
4. Will provide lagooning in such a manner as to avoid creation of fish trap conditions.
5. Will not result in a floodway, channel or natural drainage.
6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.
7. Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way.
8. Will restore topsoil or loam to a depth of not less than four inches (4").
9. All state or federal regulations and permits must be complied with.
10. Compliance with ordinance 2007-21. (Ord. 2009-05, 9-28-2009)
O. Gravel Extraction, Rock Quarries, Sand And Clay Extraction And Other Natural Resources Of Commercial Value:
1. Prohibited Areas:
a. Mineral Extraction Overlay: No new mineral extraction operations shall be located within the areas identified on the "mineral extraction" overlay map on file with the county.
b. Zones: See section 11-5-5 of this title for zones where mineral extraction uses are a prohibited use or a special use.
2. Mineral Extraction Permit Classifications: A permit, as defined below, shall be required before commencing any mineral extraction operation, unless otherwise exempted by this chapter.
a. Class 1 Permit: This is a permit to meet the needs of small, short term excavation and/or construction projects. It applies to operations that will not exceed five (5) acres of excavated area to a maximum depth of twenty feet (20') and will be active for no more than twenty four (24) months. Class 1 permits are not eligible for time extensions. On site crushing is not permitted as part of a class 1 permit.
b. Class 2 Permit: This permit applies to operations that will be active for more than twenty four (24) months and will not exceed ten (10) acres of excavated area.
c. Class 3 Permit: This permit applies to all operations that do not fall under class 1 or class 2 above.
3. Exceptions: A mineral extraction permit shall not be required for any of the following:
a. Excavation or grading for agricultural or noncommercial purposes;
b. Excavation or removal of three hundred (300) cubic yards or less of material per year for use on the owner's property; or
c. Excavation conducted directly by federal or state authorities in connection with construction or maintenance of roads, highways or utilities or excavation conducted by a local jurisdiction during an emergency as declared by the governing board.
4. Required Findings For Mineral Extraction Permit: In lieu of the special use permit (SUP) general standards in section 11-7-3 of this title, the commission shall use the following findings to review mineral extraction operation permits. The commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is able to meet each finding:
a. The use must not create significant negative impact on public health, safety and welfare in the immediate vicinity.
b. The use must not create unsafe conditions to or an excessive burden on existing parks, schools, roads and other public facilities and utilities that serve or are proposed to serve the area.
c. The use must be sufficiently compatible or separated by distance or screening from adjacent lands so that existing uses will not be hindered in the enjoyment of their property and there will be no deterrence to the legal development of vacant land.
d. The structure and site must have an appearance that will not unreasonably create an adverse effect upon adjacent properties.
e. The use must be consistent with the purposes of the zoning ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use.
f. The use must be in conformance with the comprehensive plan.
g. The use must not cause a traffic hazard or congestion.
h. Existing land uses nearby must not be adversely affected unreasonably by intrusion of noise, glare, dust, vibration or general unsightliness.
i. The use must not cause significant adverse impact to surface or ground water resources.
5. Preapplication And Application Submittal Requirements:
a. Prior to the submittal of any special use permit application for a class 2 or class 3 mineral extraction use, the applicant shall have completed a preapplication conference with the administrator. An applicant seeking a preapplication conference shall submit one copy of a legible concept plan to the administrator that includes all properties of record within one- half (1/2) mile of the site, existing buildings, roads, irrigation facilities and other key natural features on the site.
b. Upon receipt of a notice to proceed, the applicant shall submit an application form, provided by the development services department, filled out completely and signed by the property owner.
c. Submit a list of all documented wells (e.g., domestic, irrigation, injection) located within one-half (1/2) mile of the subject property boundary.
d. Submit a baseline groundwater depth taken from the proposed excavation area. The data source must be provided and it must be no more than one year old. Depending upon the time of year and the size of the future excavated area, the administrator may request additional data.
e. If explosives are intended for use in the excavation operation, the application shall include the estimated time frames, amounts and impacts of said explosives.
f. Submit proposed commencement and completion dates for the commercial extraction operation.
g. Submit a traffic plan showing mitigation of any potential hazards.
6. General Requirements (Applicable To All Class 1 Through 3 Permits):
a. The owner/operator shall comply with all relevant sections of subsection N of this section regarding grading, earthmoving and gravel pit operations.
b. All mineral extraction operations shall be considered a temporary use of land.
c. Mineral extraction permits are nontransferable to another property and only valid at the location specified in the application. Permits may be transferred to a new owner. All terms and conditions of the original permit remain in effect and in full force upon any transfer to a new owner.
d. Proposed hours of operation for both extraction and crushing shall be disclosed in the special use permit application and may be limited by the county in the permit to protect the public welfare.
e. All permits shall be subject to an on site review at the discretion of the development services department to ensure compliance.
f. Unless otherwise approved by the commission during the SUP process, any new signs shall comply with chapter 10 of this title.
g. Prior to the start of operations, the owner/operator shall provide the development services department with a letter from the appropriate fire district approving the vehicular access to the site.
h. Prior to the start of operations, the owner/operator shall provide the development services department with a copy of the reclamation plan approved by the Idaho department of lands.
i. The owner/operator shall comply with all Idaho department of lands, Idaho department of environmental quality, Idaho department of water resources, Idaho transportation department, occupational safety and health administration, mining safety and health administration, environmental protection agency and any other applicable state or federal regulations.
j. All costs incurred to comply with the conditions of approval shall be borne by the owner/operator.
k. All public notices for extraction operations shall be done in accordance with section 11-7-6 of this title except that the public mailing shall be provided to property owners and residents up to one-half (1/2) mile beyond the external boundaries of the land being considered for all permits.
l. Outdoor site lighting, if used, shall be downcast lighting compatible with dark sky protection standards.
m. The owner/operator shall comply with all relevant sections of title 13 of this code regarding property located within the 100-year floodplain.
7. Extraction And Operating Standards:
a. No extraction, movement or stockpiling is allowed within the minimum yard setback areas as defined in section 11-5-7 of this title except where ponds are contiguous and the county encourages the potential joining of ponds. The tops and toes of cut and fill slopes shall remain outside the setback areas.
b. Unless waived by the commission or board, safety fencing, at a minimum of six feet (6') in height, shall be erected around any active extraction areas.
8. Mineral Processing Standards (Postextraction Activities):
a. Any rock crusher associated with a class 2 or class 3 operation shall be placed in a location as determined during the public hearing and sited to minimize noise impacts in compliance with all federal and state regulations (class 1 permits do not allow on site rock crushing).
b. The crusher shall be operated in accordance with dust abatement standards of the Idaho department of environmental quality.
c. Upon depletion of the area, all temporary buildings and structures except property line fences and structures for the loading, measuring or weighing of salable material in storage, shall be entirely removed from the property.
d. For any mineral extraction operation that results in a permanent pond, the following standards shall apply:
(1) For the purpose of this section, a "pond" shall be defined as any pit, mine or quarry area where the reclamation plan results in an area designed to contain standing water year round that is greater than three feet (3') in depth;
(2) The pond shall be designed to create a meandering edge around the full perimeter;
(3) If the pond will be a public access pond and stocked with fish or other aquatic species regulated by Idaho fish and game, the applicant shall provide documentation from Idaho fish and game's regional office to the development services department that the proposed pond is designed to create viable fish and/or wildlife habitat;
(4) If applicable, the applicant shall provide documentation from Southwest district health that the proposed pond shall not cause septic leach fields on adjacent properties to fail;
(5) The applicant shall comply with all requirements of the publication, "Best Management Practices For Mining In Idaho", published by the Idaho department of lands.
9. Roads And Access:
a. The owner/operator shall comply with subsections 11-6-3I and J of this chapter regarding construction of an all weather driveway that meets the applicable fire authority standards.
b. When determined appropriate by the road and bridge department, the owner/operator shall enter into a road mitigation agreement with Gem County to address the impacts on the public road system. Said agreement shall be signed and executed prior to the start of operation.
c. No gate serving the property shall be located within one hundred feet (100') of a public road right of way to allow for adequate turnout distance for emergency vehicles and other trucks.
d. All haul roads shall have a durable surface and shall be graded to drain all surface water from the road driving surface.
10. Groundwater, Dewatering And Wells:
a. The zoning commission, based on information presented in the public record, may require an on site groundwater monitoring system to be installed to help provide information regarding potential impacts and drawdowns of off site domestic wells in the vicinity of the excavation.
b. If dewatering of the on site monitoring well(s) or domestic wells in the vicinity occurs, the county shall have the authority to place a stop work order on the operation until the problem is resolved to the satisfaction of the county engineer.
c. If site dewatering creates a public nuisance to property in the vicinity (e.g., flooding, standing water for long periods of time, etc.), the county shall have the authority to place a stop work order on the operation until the problem is resolved to the satisfaction of the county.
11. Permit Time Frames, Phasing And Extensions:
a. Commencement: The land use time limitations outlined in section 11-7-11 of this title shall apply to all class 2 and class 3 permits. These time frames apply only to the required improvements outlined in the permit and do not apply to the extraction operation itself.
b. Phasing:
(1) A phasing plan shall be submitted with the special use permit application for all class 2 and class 3 permits. Said plan shall be reviewed as part of the public hearing and become an operation plan of the permit.
(2) The zoning commission shall review the status of every permit after the completion of any phase or at the five (5) year anniversary of issuance of the permit, whichever period is shorter. Said review shall be held in a public meeting but not require a public hearing. If the commission makes a determination that full compliance with the terms of the permit is not met, the commission shall give the owner/operator an appropriate time period in which to bring the site into compliance. If, at the end of said period, there is still no compliance, the commission may begin permit revocation proceedings.
(3) As each phase is completed, it shall be reclaimed in accordance with the state approved reclamation plan and any applicable county reclamation conditions prior to commencement of the next phase.
c. Permit Duration And Time Extensions:
(1) The county shall have the authority to establish operation durations on each permit based upon site specific and neighborhood specific factors. Relevant factors include, but are not limited to, proximity to residential, education or commercial uses, the zoning district, length of operating season, and similar factors. However, in no case shall a class 2 permit be less than two (2) years or a class 3 permit be less than three (3) years. Neither a class 2 or class 3 permit shall be greater than ten (10) years. This does not preclude the ability to apply for a time extension.
(2) All class 2 and class 3 permits are eligible to apply for a time extension to the permit. Time extensions require submittal of an application and a public hearing. Public notice for a time extension shall be done in accordance with the same noticing process used for the original special use permit. The commission shall base its decision upon the original record, relevant code enforcement records, public complaints of record, other regulatory agency records and testimony from the owner/operator, affected parties and staff.
12. Performance Guarantees And Bonding: As a condition of approval, the zoning commission may require the owner/operator post a financial guarantee for improvements not already required by the Idaho department of lands.
SUMMARY OF CLASS 1, 2 AND 3 PERMIT STANDARDS
Standard | Class 1 | Class 2 | Class 3 |
Standard | Class 1 | Class 2 | Class 3 |
Maximum excavated area | 5 acres | 10 acres | No maximum |
Maximum pit depth | 20 feet | None | None |
Maximum period of permit/operation | 24 months | None | None |
Time extension allowed | No | Yes | Yes |
Requires preapplication conference | No | Yes | Yes |
On site rock crushing allowed | No | Yes | Yes |
Phasing plan required | No | Yes | Yes |
Prohibited on the mineral extraction overlay map | No | Yes | Yes |
(Ord. 2013-01, 1-22-2013)
P. Home Occupation:
1. Up to three (3) employees, other than members of the family residing on the premises, shall be engaged in such occupation.
2. The use of the dwelling unit or other structure on the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and does not exceed fifty percent (50%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal building. A freestanding sign that does not exceed six (6) square feet in size will be allowed unless the property lies within the area of city impact. For said properties, no freestanding sign is permitted. All other sign requirements as delineated in chapter 10 of this title must be followed.
4. No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title, and shall not be located in a required front yard.
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
6. A notice of the home occupation use shall be given to the county assessor by the property owner within thirty (30) days of implementing the use.
Q. Outdoor Storage Of Commercial And Industrial Materials:
1. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.
2. Will not be located in any front yard setback area.
R. Riding Stables And Schools:
1. Will locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence, except for owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property lines.
2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor.
3. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.
S. Rifle And Pistol Range:
1. Will be designed with a backstop.
2. Will be designed to avoid a line of fire that is directed toward any residence or business within one mile.
3. Will incorporate landscaping that is compatible with the surrounding landscaping.
4. Will provide supervision and security measures during periods of use.
T. Roadside Stand:
1. Such stand shall not be located within any right of way.
2. Operation of the stand must be seasonal. (Ord. 2009-05, 9-28-2009)
3. A roadside stand will only be allowed in an A-1, A-2, A-3, C-1, C-2, M-1 and MX zone. (Ord. 2014-03, 2-18-2014)
U. Sanitary Landfill:
1. Will conform to time limits for daily operation as defined by the board.
2. Will provide a bond for privately owned sites to ensure compliance with the provisions of the zoning certificate.
3. Will provide for a paved street to the facility.
4. Will be supervised during the hours of operation.
5. Will be regulated by any state or federal laws.
V. Wrecking Yard:
1. Will be completely enclosed by a solid eight foot (8') high site obscuring fence.
2. Will not result in the storage of automobile, junk or salvage material that is visible from any public right of way.
3. Will not result in the storage of automobiles that exceed the height of fence.
4. Will have such landscaping that is appropriate with the surrounding area.
5. Will not be allowed in any residential zone.
W. Yard Sales:
1. Property owners may combine goods for the sale providing that the sale is conducted on property owned by one of the participants.
2. No more than four (4) yard sales in one calendar year may be held on property the parcel owner(s) retain(s) in his/her possession.
3. The yard sale duration shall not exceed three (3) calendar days per event.
4. Any participant (seller) involved in a yard sale shall not be engaged in a commercial business of regularly selling the same or similar property as that which is offered for sale at the yard sale. Public nuisance ordinance standards shall apply.
5. Yard sales may be conducted in all zones within the unincorporated parts of the county.
X. Building Adjacent To Payette River Within A Flood Hazard Area: Will adhere to title 13 of this code. (Ord. 2009-05, 9-28-2009)