These development standards are specific to the type of use proposed and are not dependent on the zone which they are to be constructed. Use standards are standards applicable to particular uses or developments that have the potential to adversely affect surrounding property or the public health, safety, or welfare if not developed and operated in accordance with strict standards, or are allowed by or require a special use permit. Should the use require a conditional use permit, site plans, narratives and other materials which demonstrate compliance with the following development standards shall be required to be submitted as part of the application.
A. Accessory Dwelling Units: Accessory dwelling units (ADU) shall comply with the following criteria:
1. The ADU shall not exceed 1,000 square feet. When it is within the same structure and exceeds 1,000 square feet the structure is classified as a duplex and is only allowed pursuant to the district regulations of the zone that it is located in;
2. Only one ADU is allowed per lot;
3. No new or separate approach from a public or private road shall be permitted. Existing driveways used by the principal dwelling or existing structure (if it is to be converted to an ADU) shall also serve as the approach for the ADU;
4. The access to the ADU shall be a minimum of 12’ wide and a minimum unobstructed height of 13.5’ to accommodate emergency service vehicles; and should the ADU be located more than 150’ from a public or private road, then a turnaround meeting the Northern Lakes Fire Protection District and the City Engineer's requirements shall be provided.
5. Open space and setback requirements of the underlying zone shall be met, excepting that the ADU shall be set back a minimum of 30' from the front property line and 10' from the side and rear property line. The ADU may be attached to the principal dwelling, may be a stand-alone structure, or may be constructed within an accessory structure. In all cases, it must have an entrance that is separate from that of the principal dwelling;
6. Home occupation Class A is permitted within an ADU;
7. The ADU shall be considered a single-family dwelling separate from the principal dwelling for the purpose of calculating sewer usage and capitalization fees;
8. Water and sewer utilities shall be connected to the utilities of the principal residence.
B. Automotive Wrecking And Junk Yards: Shall have a Type I landscape buffer installed on all property boundaries.
C. Bed & Breakfast Facility:
1. Maximum of five guest rooms (defined as sleeping and bath rooms) for the lodging of paying guests, but in no case shall more than 40% of the gross floor area of the residence be used for guest rooms.
2. Additional criteria that must be met with respect to transportation:
a. That sufficient off-street parking is available for the entire facility in accordance with this Code;
b. That the provision of the required off street parking, including paving and lighting, is compatible with the character of the neighborhood;
c. That the proposed uses will not have an adverse effect on the residential activities in the area with regard to traffic generation, parking and noise levels; and
3. No sales of any products unless they are clearly incidental to the services provided or the products are produced on the premises.
D. Correctional Facilities:
1. Allowed only by conditional use permit (Hayden City Code 11-7-4) on property having a Comprehensive Plan land use designation as Commercial or Light Industrial;
2. Must be located on a parcel of land that is five acres or more in size;
3. Must not be located within 10 miles of another correctional facility;
4. No structure, fence or outdoor area shall be located within 2,500 feet of a property line that abuts a residential district;
5. Must meet the design standards of a public building or complex as identified in Hayden City Code 11-2-5(J).
E. Farmer’s Market, Flea Market, And Swap Meet:
1. The provisions of this section shall not apply to an event held not more than six calendar days per calendar year which is:
a. Organized and operated for religious, educational, hospital, or charitable purposes;
b. Operated out of a residential dwelling including, but not limited to, garage, yard, moving and estate sales and private auctions; or
c. “Vehicle sales” as defined in this title.
2. Location: Allowed only on private property, with property owner’s (or owner’s agent) written consent. Allowed on public ways, with prior approval of the City for a special event.
3. General Requirements: All underlying standards and requirements (i.e. hours of operation, landscaping, off street parking, setbacks, signage) of the underlying zone shall be met.
4. Prepared food and beverages for sale shall comply with Panhandle Health District regulations;
F. Home Occupation: Home occupations are divided into two categories:
Home Occupation Class A | Home Occupation Class B |
No non-resident worker. | Maximum of one non-resident worker. |
Customer by appointment only. | Non-scheduled customers with overlapping vehicle traffic. |
One customer visiting at a time | Multiple customers at the same time |
Conditional Use Permit is required when more than one Class A home occupation is located on the lot. | Conditional Use Permit is required. |
Permitted in an ADU. | Not permitted in an ADU. |
1. All home occupations shall comply with the following:
a. The home occupation shall be secondary to the residential use of the property.
b. Not more than 25% of the gross floor area of the actual dwelling unit may be dedicated to the conduct of the home occupation.
c. A home occupation conducted on the premises must be fully enclosed within the residence or accessory building.
d. No outside storage of goods, equipment, materials or other instruments of production or packaging of any kind related to the home occupation shall be permitted.
e. No home occupation shall create a need for additional parking or traffic beyond that required for the primary single-family residential use other than delivery traffic.
f. There shall be no change in appearance of the dwelling structure that would alter the residential character of the premises.
g. The home occupation and associated storage shall not occupy garage space required for off street parking for the residence.
h. Vehicles used in the operations of the home occupation that are rated by the manufacturer for a maximum gross weight in excess of 10,000 pounds’ gross weight shall not be operated out of the premises or park on the property or adjacent street.
i. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials in excess of those levels allowed by the current edition of the Fire Code in effect in the City of Hayden shall be used or stored on the site.
2. Prohibited uses as home occupations include the following:
a. Repair and or servicing, storing or painting of automobiles, trucks, boats, recreational vehicles, snowmobiles, motorcycles, trailers, and ATVs.
b. Any use requiring sewage pretreatment in accordance with Title 8 of this code.
c. Any business creating external noise, odors, vibrations, or other potential nuisance factors including levels of customer traffic that could have the effect of disrupting peaceful occupancy of neighboring dwelling.
G. Manufactured Home:
1. Development Standards For Manufactured Home On Individual Lot:
a. Shall be multi-sectional and enclose a space of not less than 1,000 square feet;
b. Shall have a pitched roof with a slope no less than three feet in height for each 12' in width;
c. Shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Community Development Director or his/her designee;
d. Shall obtain a building permit from the City of Hayden. The home shall be permanently affixed with the running gear and towing hitch removed, and set upon a foundation approved as required by Idaho Code, and having an anchoring system that is totally concealed under the structure;
e. Shall have a poured concrete or mortared masonry enclosure, or approved all weather wood enclosure, as approved by the Hayden City building inspector, which surrounds the entire perimeter of the structure and completely encloses the crawl space and ventilation space;
f. Shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than 12" above grade;
g. Used manufactured homes will be permitted if they meet the requirements of the definition of Manufactured Home of this title;
h. Shall be, upon completed setup, assessed as real property and taxed as such on the required records;
i. Shall comply with State of Idaho manufactured home installation standards.
2. Development Standards For Manufactured Homes Within An Existing Manufactured Home Park:
a. Shall be one or more sections and enclose a space of not less than 400 square feet in size.
b. Shall meet the requirements of subsections 1.b. through 1.i. of this section.
H. Outdoor Sales Display: Outdoor sales display of merchandise for sale is permissible provided that the following criteria are met:
1. All display areas must conform to the setback regulations of the applicable zone.
2. Items must not obstruct vision sight lines from any public right-of-way or driveway.
3. Items shall be displayed in a neat and orderly manner.
4. Items shall be removed from boxes and clearly displayed.
5. Items shall be placed on a hard, compacted surface such as asphalt, or concrete.
6. Outdoor sales display for garden centers may be placed on a gravel surface. Dust suppressants shall be applied at minimum once annually and more often as needed to suppress dust and tracking.
7. Items shall not be placed in required parking, circulation, and stormwater facilities, though they may be placed in overflow parking areas.
I. Outdoor Storage: All outdoor storage shall comply with the following requirements and follow the requirements of section 11-4-6.
1. General:
a. No property, or part thereof, shall be used as a storage area for any purpose other than storage of materials used in connection with the normal operation of the permitted uses in the applicable zone, except that property may be used for the storage of materials used in the construction of the individual building on the property.
b. All storage, unless allowed outright pursuant to this Code, shall be accessory to the permitted use on the site.
(1) In a planned unit development, storage is allowed as a primary use on a lot so long as the storage site is only utilized by internal property owners and not external customers. Storage sheds and equipment storage within a PUD may span across lot boundaries so long as those lots are located within a designated storage area that meets all other standards of this Code.
(2) The storage of inoperable railroad cars and inoperable truck trailers used for storage may be permitted only under conditional use permit and must comply with setback requirements and lot coverage requirements.
c. All storage areas must conform to the minimum building setback regulations of the applicable zone.
d. Items shall be displayed in a neat and orderly manner.
e. Items cannot be placed in required parking, circulation, and stormwater facilities, though they may be placed in overflow parking areas.
f. All manufacturing, assembly, repair, or work activity must take place inside an enclosed building.
2. Location: Outdoor storage shall be limited to the rear and side yards of the property; it shall never be allowed in the front yard of the principal structure.
3. Screening: All storage shall be wholly within a building or shall be entirely screened by a six foot tall, sight obscuring fence, landscaping, or combination thereof, in conformance with section 11-4-4, so as to conceal these areas from surrounding land uses and from adjoining public streets.
4. Surfacing:
a. Items must be placed on a hard, compacted surface such as asphalt, concrete, or gravel.
b. Storage and parking of motor vehicles shall be surfaced with concrete or asphalt.
c. Stormwater drainage and treatment is required for all surfaced areas (paved and unpaved).
d. All access drives, maneuvering and parking areas, and storage of motorized vehicles shall be constructed with a non-permeable material such as concrete or asphalt. An appropriate alternative may be approved by the Community Development Director.
e. Access along street frontage of the site shall be to a point where the screening of the outdoor storage area begins.
f. A maintained graveled surface that is dustless and weed free may be utilized for enclosed outdoor storage. The gravel shall meet the City regulations for 3/4" minus crushed aggregate and shall be spread and compacted to a uniform layer having a minimum depth of four inches after all topsoil and other unsuitable material have been removed. Use of gravel must be approved by the Community Development Department to ensure compliance with best management practices. Dust suppressants shall be applied at minimum once annually and more often as needed to suppress dust and tracking.
g. Refuse and garbage collection areas shall:
(1) Be paved with asphalt or concrete;
(2) Be screened from view by a minimum six foot tall sight obscuring fence or landscaping. This fencing or landscaping can be installed either around the perimeter of the collection area or the perimeter of the property;
(3) Not attract rodents or other vermin;
(4) Not generate odors or liquid runoff beyond the property line; and
(5) Not permit blowing of paper and other lightweight waste.
5. Restrictions:
a. The site shall not be used as an auto wrecking yard, junkyard as defined in section 11-1-2.
b. The storage of inoperable or not currently licensed vehicles shall not be allowed on a property for longer than 28 days after which, the vehicle must be stored within a six foot sight obscuring fence, hedge, or shrubs, or within a completely enclosed building, including doors.
J. Public Buildings Or Complexes:
1. Allowed only by a memorandum of understanding between the City and the governmental entity regarding required on and off-site improvements;
2. Allowed per the zoning code as identified in this title;
3. All signage shall comply with the 11-5 Sign Code;
4. Facility shall comply with all applicable local, state, and federal codes and regulations relative to such operation;
5. Off-street parking for the entire facility shall be provided in accordance with Hayden City Code 11-4-6.
K. Temporary Hardship Use For Dependent Relatives:
1. Definitions: A “dependent relative”, for the purpose of this section, shall be defined as: one who is related by direct bloodline, marriage, adoption, unmarried partner relationship or court ordered guardianship; and has been determined by a licensed physician to be physically or mentally incapable of caring for themselves and/or their property. Dependency shall be determined by the City prior to issuance of a building permit.
2. General Requirements: A temporary hardship use for dependent relatives will be treated as a conditional use and be heard by the Planning and Zoning Commission. One “manufactured home” as defined in section 11-1-3 of this title shall be permitted as a temporary hardship use for dependent relative(s), as defined in subsection A of this section provided that:
a. The temporary hardship use shall be placed on a lot, inclusive of the primary dwelling site, having a minimum size of eight thousand two hundred fifty (8,250) square feet;
b. Only one temporary hardship use shall be permitted on a lot having a minimum size of eight thousand two hundred fifty (8,250) square feet;
c. The living quarters of the temporary hardship use shall be occupied by either the dependent relative(s) or by the person(s)/family providing care;
d. The owner of the real property on which the temporary hardship use is located shall be the sponsor when making a request for a manufactured home permit;
e. A written statement shall be provided by the sponsor from a licensed physician stating that the person(s) in question is physically or mentally incapable of caring for themselves and/or their property;
f. It shall be the responsibility of the sponsor to record a notice with the Community Development Director stating that the temporary hardship use, which is located on the property of the sponsor:
(1) Is temporary, and is to be removed upon termination of occupancy of either the dependent relative(s) or person(s)/family providing care;
(2) Is temporary, and is to be removed upon sale or lease of property of the sponsor;
(3) Provides living quarters for the dependent relative(s) or person(s)/family providing care, who is named in the permit; and
(4) Is not considered a use which is to be transferred with the property of the sponsor when said property of the sponsor is sold or leased; A copy of the recorded notice shall be submitted upon request by the applicant before the permit is issued;
g. It shall be the responsibility of the sponsor to submit a statement stating that the location of the temporary hardship use is not in conflict with any recorded, restrictive covenant or plat dedications upon request for a permit;
h. Before issuance of the permit, it shall be the responsibility of the sponsor to show proof of approval by Panhandle Health District of a wastewater disposal system for the temporary hardship use;
i. The temporary hardship use shall be in compliance with all frontage and setback requirements of the Residential Zone(s);
j. The permit for the temporary hardship use shall be renewed every year by the sponsor. Compliance with the provisions of this section and the manufactured home permit shall be certified by the sponsor at the time of renewal. Failure to renew the permit or permits within the stated time period shall constitute a violation of this title;
k. It shall be the responsibility of the sponsor to file a release of the notice required by subsection 2(f) of this section, signifying that the temporary hardship use has been concluded. The sponsor shall remove the temporary hardship use from the property within forty-five (45) days; and
l. The care provider may be administratively changed upon written application to and approval by the City Development Director. Any change in dependent relative(s) requires processing of a new temporary hardship use permit.
L. Truck Transport Facility: Standards for Truck Transport Facility based on Zone Designation are as follows:
Commercial | Light Industrial |
Lot must be five acres or less. | Conditional use permit required for lot greater than five acres. |
May include indoor and/or outdoor warehousing. | |
No more than five trucks/acre. | |
Facility must have direct access to and travel within those portions of the City road system have the Federal functional classification of principal arterial, minor arterial, or collector. | |
If travel through a residential neighborhood, no more than two trucks per hour between 10 PM and 6 AM. | |
(Ord. 542, 1-27-2015; amd. Ord. 619, 4-13-2021; Ord. 624, 10-12-2021))